Terms and Conditions of Hire
1. In these terms and conditions the applicant for hire is referred to as “You” and “Your” and Sleepy Lion, is referred to as “We”, “Us” and “Our” as the context requires.
2. We reserve the right to deny you the hire of the Goods at Our discretion.
3. By placing your order with Us, We agree to hire to You and You accept to hire from Us the Goods for the hire period on the terms of these terms and conditions.
4. You will return the Goods to Us NO LATER THAN the agreed end of hire period
5. In the event You are late in the late return of the Goods by more than 1 hour You will be charged a late fee of $10 per day for every 24 hours the Goods are not returned.
6. Rental Charges and Deposit
6.1 In return for the use of the Goods You will pay Us the rental charge specified on Our website for the hire period.
7. Use of the Goods
You agree to:
7.1 Keep and deliver the Goods in good order and repair (only reasonable wear and tear excepted).
7.2 Return the Goods including accessories in a good clean condition, and ensure they are not returned soiled, unreasonably dirty or stained. Failure to do so may result in a cleaning fee of $80.
7.2 Pay for repair of any damage to the Goods during the hire period, or pay to replace any accessories that are misplaced during the hire period.
7.3 Not attempt to sell, dispose or encumber the Goods in any way.
7.4 Not alter the Goods, including any identifying markings.
7.5 Allow inspection of the Goods at any reasonable time by Us.
7.6 Not to part with possession of the Goods unless authorised by Us in writing.
7.7 Not to permit the Goods to be used in a careless or dangerous manner, in breach of any statures, regulations or rules in relation to the use of baby capsules, car seats, travel cots, prams or any other equipment hired from Us.
7.8 Not to allow the Goods to be used when in a damaged or unsafe condition, and
7.9 Not to use Goods for any commercial purpose other than that expressly stated in writing in the Schedule, unless agreed to in writing by Us.
8.1 Where damage occurs to the Goods, mechanical difficulty arises, or the Goods are involved in an accident You will immediately notify Us and will act in accordance with instructions given by Us.
8.2 In the event of an accident where the Goods are damaged and/or rendered no longer able to be used, You must pay for the recovery of the Goods to Us.
8.3 If damage is caused by the use, misuse or abuse of the Goods, You will remain liable for the hire charge for the remainder of the unexpired hire period together with all repair costs, replacement parts and costs for the cancellation or postponement of the hire of the Goods as a result of their unavailability. This will be calculated by determining the Percentage usage, over 60 days immediately preceding the damage, and multiplying this by the number of days that the Goods are unavailable. We have no obligation to replace or supply to You replacement Goods for the completion of the hire period.
9. Your Responsibilities
9.1 You acknowledge that the hire and use of the Goods is at Your own risk and agree that We are not liable:
9.2.1 To You or any person for the malfunction of the Goods; or
9.2.3 To You or any person for any loss or damage suffered by You whether to your person or property to the extent not indemnified under the insurance policy effected by Us; and You agree to release Us to the fullest extent of the law against all and any of such liability and to indemnify and agree to keep us fully indemnified from all actions proceedings claims demands and costs (including solicitor’s costs) arising out of your hiring and use of the Goods.
10.1 You acknowledge that You are aware that ownership of the Goods will at all times remain vested in Us.
10.2 In the event of a claim under the Insurance, You are responsible to pay to Us to the excess payable under such Insurance regardless of fault.
10.3 Theft is NOT covered by the Insurance.
10.4 You acknowledge that Our Public and Products Liability insurer will not cover Us against liability arising out of any use made of the Goods outside Australia, accordingly, should You choose to take any of the Goods outside Australia during the whole or any part of the term of the hiring You do so in the knowledge that those Goods will not be covered by Our Public and Product Liability Insurance and that Your use of them shall be at your own risk.
10.5 In addition on removing the Goods from Australia You agree to release Us from all liability to You arising out of Your use of the Goods and You agree to indemnify Us from any liability to which Sleepy Lion may be exposed to any third party by reason of your use of them outside Australia.
In the event that You wish to cancel the hiring under these terms and conditions prior to the commencement of the hiring period You must notify us in writing whereupon We may charge You a cancellation Fee equal to:
11.1 the aggregate of 50% of the total hire fee, and refund You the balance fee paid where notice of cancellation is received within 3 days to the commencement of the hiring period.
11.2 Outside of this period there will be no cancellation fee charged
11.3 In the event of a no-show You forfeit all monies paid and are not entitled to a refund
12. Repossession of Goods
12.1 You acknowledge that We are the legal owners of the Goods and that nothing in these terms and conditions will pass any interest in the Goods to You and that We may repossess the Goods at any time without demand upon Us becoming aware that You are in breach of any term or condition of these terms and conditions or that the Goods is damaged in any way or that continuing use of the Goods would be likely to adversely affect the Goods or its performance.
- Registration of security interest
- At Our request, You must promptly execute any documents and do anything required to register the Our security interest in the Goods under applicable legislation (including the "security interest" granted to Us under clause 14.2.3(i)).
- To secure payment of all amounts owing to Us by You and the performance of all other obligations You have under these terms and conditions which constitute a "Security Interest" (which for the purposes of this clause 14 is as defined in section 12 of the PPSA), to the extent applicable to hire of the Goods, You:
- (i) grant to Us a Security Interest in the Goods;
(ii) must immediately return the Goods if requested to do so by Us following non-payment of any amount owing by You to Us or non-fulfilment of any other obligation You have to Us, without limiting any other right We may have;
(iii) gives Us the right to inspect the Goods or any part of them at all reasonable times;
(iv) waive Your right:
- to receive any notice that We intend to sell the Goods or to retain the Goods on enforcement of the Security Interest granted to Us under these terms and conditions;
- to object to a proposal by Us to retain the Goods in satisfaction of any obligation owed by You to Us; and
- where the Goods become an accession, as defined in the PPSA, to not have any Goods damaged when We remove the accession, to receive notice of removal of the accession and to apply to the court for an order concerning the removal of the accession, under the PPSA;
- must not give to the lessor a written demand, or allow any other person to give to the lessor a written demand, requiring the lessor to register a financing change statement or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA in relation to the goods;
(vi) must not sell, lease, dispose of, create a Security Interest in, mortgage or part with possession of the Goods or any interest in them (or purport or attempt to purport to do such thing) or permit any lien over the Goods; and
12.2.3 By collecting or accepting delivery of the Goods, You acknowledge that these terms and conditions constitute a Security Agreement for the purposes of section 20 of the PPSA and that You have received value as at the date of first collection of the Goods and have not agreed to postpone the time for attachment of the Security Interest granted to Us under these terms and conditions.
- Option to purchase Goods
12.3.1 You may by giving to Us not less than 14 days prior notice in writing (“early repayment notice”) pay out the within hire and acquire title to the Goods. In the event that You give the early repayment notice to Us it is acknowledged by You that the said notice shall be irrevocable and the amount which You shall pay to Us at the expiration of the early repayment notice (“the early repayment date”) in order to receive immediate title to the Goods will be the difference between moneys already charged for hire period and the RRP of the Goods You are acquiring
13. Unconditional Obligation
Your obligation to pay rental charges, service fees, and any other moneys under these terms and conditions is absolute and unconditional. Without limitation, Your payment obligations will continue notwithstanding and defect in, breakdown, accident, loss, theft or damage to the Goods.
14. Condition of the Equipment
At the commencement of your hire period you are required to examine all Goods to ensure you are satisfied with their condition. If you are dissatisfied You will notify Us within 3 hours of pick up or drop off. We will do our best to fix or replace any issues.
15. Goods and Charge of Your Credit Card
You indemnify Us against:
15.1 Any loss of or damage to the Goods, however arising;
15.2 Liability for any death, injury or damage to any person or property arising directly or indirectly from the Goods or its/their use; and
15.3 Any loss or liability incurred by Us resulting from possession, use or operation of the Goods by You.
15.4 If You have been requested by Us to provide to us Your Credit Card details at the time of You hiring the Goods from Us, You hereby irrevocably acknowledge and agree that We may charge against Your Credit Card all amounts which We may become liable for by reason of Your hiring of the Goods or which we may become entitled to recover against You under these Terms and Conditions including but not limited to where You have failed to pay the rental charge on time or at all or where You have damaged or failed to return the Goods to Us on time or at all.
16. Exclusion of Warranties
16.1 To the full extent permitted by law, all express and implied terms, conditions and warranties (other than the ones set out in these terms and conditions, are excluded).
16.2 We are not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Goods by You or any other persons using the equipment during the hire period.
16.3 Whether or not Part 3-2 Div 1 (s 51 – 68) and Part 5-4 of the ACL, or any law to a similar effect applies, Our liability for anything in relation to the equipment and its use, including damage or economic loss, is limited, at its option to the replacement or cost of replacement of the Goods.
In these terms and conditions:
The singular includes the plural and vice versa;
‘ACL’ means the Australian Consumer Law;
‘Person’ includes firm, body corporate, unincorporated association or any other body or entity;
‘PPSA’ means the Personal Property Securities Act 2009 (Cth);
A referenced to either party includes that party’s legal personal representatives, successors and permitted assigns;
Headings are inserted for convenience only and do not affect interpretation.
And where the context permits, ‘Goods’ includes any accessories or other equipment