TERMS AND CONDITIONS
TERMS AND CONDITIONS – RENTAL EQUIPMENT
1. Definitions
1.1. “Bond” means the bond amount specified in the Quote.
1.2. “Customer” means the person/s who are hiring, renting or otherwise
engaging the services of RRL.
1.3. “Delivery Fee” means the cost for delivery and collection of the Hired Items.
1.4. “Hire Period” means the period that the Customer rents the goods from RRL as specified in the quote.
1.5. “Hire Fee” means the total cost specified in the quote to rent the Hired Items for the Hire Period.
1.6. “Hired Items” means the goods that the Customer rents from RRL.
1.7. “Quote” means the quote for the Hire Fee provided by RRL. A Quote is valid for acceptance for ten weeks unless otherwise specified by RRL.
1.8 “RRL” means Rockababy Rentals Limited, its successors and assigns or any person acting on behalf of and with the authority of Rockababy Rentals Limited.
2. Agreement
2.1. The Customer is deemed to have accepted RRL’s Quote, and these terms and conditions, by email acceptance to RRL or payment of the Hire Fee.
3. Duration of Hire
3.1. The Customer shall take on hire from RRL, the Hired Items specified in the Quote or the Hire Period.
3.2. The Hire Period shall not exceed 30 DAYS.
3.3. The Customer may request an extension to the Hire Period, this shall be at the sole discretion of RRL.
4. Payment of Hire Fee
4.1. The minimum Hire Fee shall be $40.00.
4.2. The amount specified in the Quote plus all delivery and collection fees and the Bond shall be paid in full via credit card or direct credit to RRL’s nominated bank account immediately on acceptance of the quote.
4.3. If the Customer does not pay in full as per clause 4.2 above, the booking is deemed cancelled and the Quote withdrawn.
4.4 If a booking is made on the the day of hire, payment in full including the Bond and all collection and delivery fees is required in cash upon hand over of the Hired Items.
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5. Bond and Money owed by Customer to RRL
5.1. The Bond amount shall be set based on the value of the Hired Items and shall be specified in the Quote.
5.2. Provided the Hired Items are returned by the Customer to RRL on time, clean, intact and undamaged, RRL will refund the Bond to the Customer/s.
5.3. If any Hired Items are not returned pursuant to Clause 5.2, the Bond may be forfeited in full or in part subject to these terms and conditions.
5.4. Where any money is owed to RRL by the Customer that is in excess of the bond, RRL shall invoice the Customer for excess amount and such invoice shall be payable within 7 days.
6. Cancellation
6.1. Cancellation by the Customer shall only be accepted by email to RRL and shall be deemed received on acknowledgement of receipt being sent to the Customer.
6.2. Any cancellation received more than seven days prior to the commencement of the Hire Period, a 10% cancellation fee will be incurred to cover administration costs.
6.3. Any cancellation received seven days or less prior to the commencement of the Hire Period shall forfeit 25% of the hire fee.
6.4. Any cancellation received less than 48 hours prior to the commencement of the Hire Period shall forfeit 50% of the Hire Fee.
6.5. Any cancellation received less than 24 hours prior to the commencement of the Hire Period shall forfeit the full Hire Fee.
6.6. For all cancellations, the Customer shall be entitled to a full refund of any Bond and Delivery / Collection Fees paid to RRL.
7. Refunds to the Customer
7.1. Where RRL is required to refund funds to the Customer due to cancellation or the return of the Bond (in full or in part), this shall be completed on receipt of the Customer’s bank account details and instructions to credit the funds to the nominated account. If paid via Credit Card, refunds will be made to that same card.
7.2. Where the refund incurs any bank fees, these fees shall be at the cost of the Customer.
8. Customer Obligations
8.1. The Customer shall ensure that:
(a) the Hired Items are cleaned and returned to RRL in the same condition as they were at the commencement of the Hire Period;
(b) reasonable care is taken with the Hired Items and that they are kept secure at all times;
(c) the Hired Items are appropriate for the Customer’s intended use;
(d) the Hired Items are used only for their intended use;
(e) babies, infants and children are appropriately supervised at all times while using the Hired Items; and
(f) all safety instructions and manufacturer guidelines for the Hired Items are followed at all times.
9. Insurance
9.1. RRL shall insure the Hired Items. The Customer acknowledges and accepts that the excess on RRL’s insurance will likely prohibit a claim for loss or damage to the Hired Items during the Hire Period. RRL shall be under no obligation to file an insurance claim for the Hired Items.
9.2. If RRL shall decide (at RRL’s sole discretion) to make an insurance claim for the Hired Items the Customer shall pay the excess in full.
10. Loss, Damage and Failure to Return Hired Items.
10.1. If any Hired Items, or part thereof, are not returned on time, the Customer shall pay a late fee of 20% of the Hire Fee.
10.2. If any Hired Items, or part thereof, are not returned to RRL within 24 hours of the termination of the Hire Period then the Hired Items shall be deemed “lost” and the terms of this clause 10 shall apply.
10.3. If the Hired Items, or part thereof, are lost or damaged during the Hire Period, or while in the possession of the Customer, the Customer shall be liable to RRL for all costs incurred in repairing or replacing the Hired Items and any loss of rental if RRL had bookings for the Hired Items that cannot be honoured as a result of the Customer’s actions.
10.4. RRL shall use reasonable endeavours to replace any lost or damaged items with products of a similar age and quality, however, if this is not possible, RRL can replace the lost or damaged items with new products, or products of better quality and apportion the price between the Customer and RRL to take into account the difference in replacement costs. Such apportionment shall be at the sole discretion of RRL.
10.5. If the Customer breaches these terms and conditions, or has damaged or lost any Hired Item, the Customer shall arrange for immediate return of all Hired Items to RRL. Upon the Hired Items being returned, the Hire Period shall terminate and the Customer shall forfeit the Hire Fee for the remaining Hire Period. This termination shall be without prejudice to RRL’s rights under these terms and conditions or otherwise.
11. Warranties, Liability and Indemnity
11.1. RRL gives no warranty of any kind in respect of the Hired Items and hereby disclaims any warranty, whether expressed or implied, including but not limited to warranties of condition or suitability for purpose.
11.2. The Customer shall indemnify and keep indemnified RRL and its employees and agents from all damages, costs, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport or operation of the Hired Items and whether resulting from the negligence of RRL, its employees or agents.
11.3. RRL shall not be liable to the Customer or any third party for any injury, damages, costs, claims, or demands of any kind whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport or operation of the Hired Items and whether resulting from the negligence of RRL, its employees or agents.
11.4. Where the Hired Items include a car seat, and the car seat is to be fitted by RRL, RRL shall ensure that the car seat is fitted correctly at the time of installation by a qualified and registered fitter. RRL accepts no ongoing liability from the time of fitting due to the risk that the Customer may remove or adjust the car seat from the way that it had been fitted.
12. Jurisdiction
12.1. All terms of the agreement between RRL and the Customer shall be construed and enforced in accordance with the laws of New Zealand. The sole jurisdiction and venue for actions related to the subject matter of the agreement shall be New Zealand.
13. GST
13.1. All figures are inclusive of GST if any, unless stated otherwise.
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