Terms & Conditions of Hire

Conditions of hire

Your Hire Agreement

This hire agreement is made between Seaforth Pharmacy, ABN: 60779 768 341  and the party identified on the front of this form for the items and term listed on the form, starting with the date the item is collected/delivered and concluding when the item is returned/collected.

Your Hire Agreement consists of the front page of this form and these terms and conditions.

Acceptance

You accept the hire of the Equipment on these terms and conditions by signing and dating the front page of this form in the space provided.

Meanings

The following defined terms and their meanings appear in your
Hire Agreement.

Agreement means your Hire Agreement with us, which is made up of the front page of this form and these terms and conditions.

Commencement Date means the date you signed the Agreement.

We or us means Seaforth Pharmacy. Our has a corresponding meaning.

You means each person named as the Hirer on the front page and, if there is more than one, You means each of the persons named separately and jointly. Your has a corresponding meaning, and

Equipment means the equipment described on the front page.

Hire fees

You will hire the Equipment from the Commencement Date.

There is a minimum hire period of two weeks for all items.

You will pay to us in advance the Hire Fee set out on the front page in the manner set out on the front page until the date when you return the Equipment to us.

We may ask you to pay us the Deposit set out on the front page, which we will hold during the hiring.

If you are in default, we may use the Deposit toward any balance owing to us or to compensate us for any loss.

A holding deposit of $500 is required on all hire electric wheelchairs/chairs and mobility scooters.

Unused weekly hire is refunded on full unused weeks only.  

Where an Item has a specified maximum user weight limit you must ensure that the total load placed on Item does not exceed that specified weight. If an item is damaged as a result of exceeding this weight limit you become liable for the total repair bill or replacement cost of Item.

 Return of the item/s

Items must be returned on or by the return date.

Where items are not returned by the return date, you shall continue to pay the assigned weekly rental charges.

 Where payment is being made by credit card, you hereby authorises us to debit your nominated credit card.

You are responsible for the return of the item or arranging collection (and costs associated with the collection).

Where you returns an item by post or courier, adequate packaging must be used to protect the item from damage in transit.

 Where items are returned damaged or are damaged in transit (where they have returned an item by post or courier) you authorise us to debit your credit card for the value of repairs up to the value of replacing the item.

Where items are returned with additional third party labels/stickers placed on the hire equipment, an additional cleaning fee of $20.00 will be levied.

An additional cleaning fee of $20.00 will also be levied on returned unclean breast pumps and over toilet aids

Delivery of the Equipment

The Equipment always remains our property.

You must pay the Delivery Charge set out on the front page if the Equipment is delivered to you.

You will control, possess and be liable for any risk of loss to the Equipment on the earlier of, you collecting, we delivering or we delivering to a carrier to deliver to you, the Equipment.

We will not be liable for any delay in delivery of the Equipment or failure to deliver the Equipment to you.

Termination of Agreement and Return
of Equipment

You may return the Equipment to us at any time.

We can demand the return of the Equipment hired by you at any time or if you are in default under the Agreement.

Proper Care

You agree that you will:

• Take proper care of the Equipment;
• Repair and keep and return the Equipment in good order
  and condition;
• Not encumber, sell, or otherwise deal with the Equipment and will not remove the Equipment from the State or Territory in which the Pharmacy is located;
• Use the Equipment in accordance with the instructions and as we recommend to you;
• Not mark, alter, number, cover up the Equipment unless we consent
  in writing;
• Not install or attach the Equipment to your premises; and
• Not use the Equipment for any unlawful purpose or which will
  cause harm.

Use the Equipment in accordance with the instructions and as we recommend Liability

You acknowledge and agree that apart from any rights and remedies under the Competition and Consumer Act 2010 (formerly Trade Practices Act 1974) and any other law that cannot be lawfully excluded;

All conditions and warranties, provided by statute or otherwise, are excluded concerning the Equipment and any services provided by us;

We will not be liable for any loss or damage that you may suffer in relation to the Equipment hired under the Agreement or for our services; and

You will indemnify us and keep us indemnified against any loss, death or injury to any person caused by your use, operation and possession of the Equipment.

Default

You are in default under this Agreement if:

• You breach any term of this Agreement;
• You do not make a payment in full, when required by the date it is due;
• You become insolvent or bankrupt;
• You seek to make an arrangement or composition with your creditors under a law relating to insolvency or bankruptcy;
• We are of the view that you are in financial difficulty; or
• You endanger the safety and condition of the Equipment.

If you are in default:

• You become liable to pay us the balance owing under this Agreement immediately; and
• You must return the Equipment to us immediately.

General Matters

We may assign any of our rights under this Agreement. We do not need your consent to do so.

A waiver of any of our rights under this Agreement does not occur unless we notify you in writing.

If any part of this Agreement is invalid, unforeseeable or is in breach of any law, it is to be excluded from this Agreement. The remainder of this Agreement continues in full force and effect.

You agree that you will promptly notify us of any change of address for the mailing of any notices which we may need to send to you.

You acknowledge and agree that:

• You have inspected the Equipment and you are satisfied that the Equipment is suitable and in a condition or of a quality fit for your use and purpose;
• You have been provided instructions for the proper use and care of the Equipment;
• This Agreement will be governed by the laws of the State or Territory in which the Pharmacy is located;
• This Agreement does not give you the right or option to buy the Equipment; and
• This Agreement is the entire Agreement between you and us concerning the Equipment.

Option to purchase

You may purchase selected hired items at any time. 

The purchase price is set out on the front page of the hire form. If the Item is purchased by you an amount representing 1 week’s hire shall be deducted from the quoted purchase price.

Refunds

No refunds will be provided for incorrect choice or rental periods (including items that do not fit your space). Please choose carefully.  

Unused weekly hire is refunded on full unused weeks only.

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