Hiring And Lending Agreement
- The Hirer shall contact, at least weekly, the Australian Breastfeeding Association Breastfeeding Counsellor during the period of hire.
- The Hirer will pay to the Association a hiring fee of $25 (excl. GST) per week or part thereof, together with any applicable GST, weekly in advance. When the equipment is collected from the Association, the Hirer will leave with the Association a deposit of $100 and pay the first week’s hiring fee, together with any applicable GST. The deposit will be repaid to the Hirer via the original method of payment within a week of the return of the equipment provided all equipment is returned in good working order, and no money is owed by the Hirer to the Association under this Agreement.
- The Hirer shall keep all equipment clean as directed and agrees to return same to the Association in a good clean condition at the end of the hiring period. The Hirer acknowledges and agrees that the Association has explained the process for cleaning the equipment. Where the Hirer is unsure about how to keep the equipment clean, he/she will contact his/her ABA counsellor before cleaning the equipment or using it again.
- The Hirer shall be responsible for the cost of replacement of any broken or damaged parts or loss of the equipment, at current retail prices, which shall be paid to the Association on demand.
- The Hirer shall be responsible for payment of all transportation expenses in relation to the equipment.
- The Hirer shall not repair, service, or interfere with the motor or fittings in any way and should any repair or service be required, the pump should be returned to the Association as soon as possible.
- The Association hires out equipment in clean working condition but makes no warranty as to the effectiveness thereof and shall in no way accept any liability or responsibility in respect of claims for damages relating to the use of the equipment or its state of cleanliness. The Hirer acknowledges that it has inspected the equipment and agrees that it is in good working order at the time of collection and is fit for the purpose for which it is being hired
- Except as expressly provided in this Agreement, all terms, conditions, warranties and representations whether express, implied, statutory or otherwise relating in any way to the Electric Breast Pumps or this Agreement (each a Warranty) are excluded. Where any Act of Parliament implies in this Agreement any Warranty and that Act avoids or prohibits provisions in a contract excluding or modifying the application of such Warranty, that Warranty will be deemed to be included in this Agreement, provided that the liability of the Association for any breach of such Warranty will be limited (at its option) to supplying, or the cost of supplying, the equipment again. To the extent permitted by law, the Association will otherwise have no liability to the Hirer (whether in contract, tort or otherwise).
- The Hirer shall only use the equipment at the address provided to the Association. The Association has an irrevocable and non-exclusive licence to enter into the property at the address to remove the equipment where the Hirer fails to return it within 7 days of this Agreement terminating. The Hirer will notify the Association immediately if his/her address changes or he/she wishes to use the equipment at another location.
- The Association may terminate this Hiring Agreement with 7 days notice and may collect the equipment from the Hirer at the end of 7 days.
- Without limiting any other term of this Agreement, the Hirer authorises the Association to charge all monies payable to the Association under this Agreement to the Hirer’s credit card.
- The Hirer acknowledges that they have been provided with, and had explained, the leaflet ‘Suggestions on using an Electric Breast Pump’.