HIre Contract | Life Library

Life Library Hire Contract

NOTE TO CUSTOMER

You should read these Hire Contract Conditions very carefully. They contain terms and conditions which may impact you, including that;

(a) the liability of Life Library to its Customers is excluded in some circumstances; and

(b) Customers may be liable for damage to goods that are hired by them, and for damage to goods or property owned by a third party;

These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Life Library and the Customer in writing.

Life Library agrees to hire Equipment to the Customer on terms set out in this document. Life Library may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.

Amendment: These Hire Contract Conditions may be changed by Life Library from time to time by Life Library giving notice of the amendment to the Customer. Notice is deemed given when Life Library does any of the following:

(a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;

(b) publishes the amended terms on its website or

Changes to these Hire Contract Conditions will only apply to Hire entered into after the change has been notified to the Customer by one of the methods mentioned above.

1. INTERPRETATION OF WORDS IN THIS CONTRACT;

COMMENCEMENT – The date and time when the Customer takes possession of the

Equipment.

EQUIPMENT – Means any books, toys, tools or any kind of Equipment, including but not

limited to the following kinds of goods or goods suitable for the following kinds of uses:

musical instruments, children's toys, fitness equipment, home decorations.

CUSTOMER – refers to the person, firm, organisation, partnership, corporation or other

entity (including a trust) hiring the Equipment from Life Library as identified in the hire order.

HIRE CHARGE – The amounts shown on the Hire order payable by the Customer to hire the Equipment.

HIRE PERIOD – Means from Commencement until the end of the period shown on the

Hire order. The Hire Period will automatically extend by one week, if the item is not returned by the customer by the end date of the hire period, and the customer will be automatically charged for the hire extension. This will continue every week until either the Equipment is returned, or the Equipment replacement value has been met, in which case the Customer will own the Equipment and the Hire Arrangement ceases.

LIFE LIBRARY: Universal Life Library Pty Ltd ACN 622140845 lifelibrary.net

RETURN DATE is the end date of the Hire Period, as shown on the Hire Order.

HIRE ORDER – Means a document in such form as Life Library shall require, setting

out the the particulars of the Equipment and the Hire Period and such other information as Life Library may decide to include.

2. LIFE LIBRARY OBLIGATIONS

Life Library will:

2.1 Allow the Customer to take and use the Equipment for the Hire Period;

2.2 Provide the Equipment to the Customer clean and in good working order;

2.3 Collect the Equipment on the designated return date and notify the customer of the collection

NOTE TO CUSTOMER: You must return the Equipment at your expense to the Life Library Collection Point as shown on the Hire Order, when due back unless you have purchased the Home Delivery and Pickup option, the Postal Option; or you have opted to keep and pay the replacement value of the Equipment.

3. OBLIGATIONS OF THE CUSTOMER

The Customer must:

3.1 Deliver the Equipment to a Life Library Collection point when it is due back, or opt to keep the Equipment and pay the replacement value of the Equipment;

3.2 Return the Equipment to Life Library clean and in good repair;

3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;

3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by Life Library or posted on the Equipment;

NOTE TO CUSTOMER: You MUST advise Life Library if you require any further instruction on the operation and safe use of the Equipment.

3.5 Indemnify Life Library for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;

3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;

3.7 Ensure that all persons operating the Equipment are suitably instructed in its safe and proper use;

3.8 Report and provide full details to Life Library of any accident or damage to the Equipment within two business days of the accident or damage occurring;

3.9 Sign any documentation requested by Life Library at such intervals as reasonably stipulated by Life Library, to confirm the Customer’s acceptance of these Hire Contract Conditions;

3.10 Assist and co-operate fully and promptly with Life Library and/or its insurer in the investigation, settlement or defense of any claim or matter relating to a Hire Order on which the Customer is named;

3.11 Remain responsible for the care and safekeeping of the Equipment until collected by or delivered back to Life Library.

The Customer must NOT;

3.12 Tamper with, damage or repair the Equipment;

3.13 Lose or part with possession of the Equipment;

3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;

3.15 Exceed the recommended or legal load and capacity limits of the Equipment;

3.16 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment;

4 PAYMENTS BY THE CUSTOMER TO LIFE LIBRARY

4.1 Upon ordering, the Customer will pay the Hire Charge.

4.2 Immediately on request by Life Library, the Customer will pay:

(a) the rental extension fee per week, for any Equipment not returned by the Rental Period End date, until such time as either, the Equipment is returned, or the Equipment replacement value has been reached, at which time the Customer will own the Equipment and not need to return the item to Life Library

NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.

(a) all costs incurred in cleaning the Equipment;

(b) the full cost of repairing any damage to the Equipment caused or contributed

to by the Customer, unless expressly agreed otherwise in this Contract;

(d) postal and Home Delivery and Pickup charges when ordered and any additional Hire

Charges;

(e) any reasonable expenses and legal costs (including commission payable to a

commercial agent) incurred by Life Library in enforcing this Contract due to the

Customers default;

(f) Hire fees for the period from the commencement of the hire until the Equipment is returned

4.3 Without limiting the ability of Life Library to recover all amounts owing to it, the Customer authorises Life Library to charge any amounts owing by the Customer to any credit card or account details of which are provided to Life Library.

4.4 Life Library may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.

5 EXCLUSION OF WARRANTIES AND LIABILITIES.

5.1 Where the Australian Consumer Law applies, the Customer has the benefit of

guarantees in relation to the hire of the Equipment which cannot be excluded.

5.2 Where the Australian Consumer Law applies and the Equipment is not of a kind

ordinarily acquired for personal domestic or household use or consumption, Life Library liability in respect of any guarantee is limited to the replacement or re-pair of the Equipment, or the cost of having the Equipment repaired or replaced.

5.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply Life Library makes no representations and gives no warranties other than those set out in these Hire Contract Conditions, and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.

6 BREACH OF HIRE CONTRACT BY CUSTOMER

If the Customer breaches any significant provision of this Contract and does not remedy the breach within a reasonable period of time (having regard to the breach), or becomes bankrupt, insolvent or ceases business then:

6.1 Life Library shall be entitled to:

(a) terminate this Contract; and/or

(b) where Equipment is not returned, charge the Customer the replacement value of the Equipment and/or

6.2 The Customer indemnifies Life Library in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.

7 DISPUTES

7.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to Life Library in writing within 30 days of the hire contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.

7.2 If a dispute arises relating to this contract, the hiring or the use of the Equipment (except in regard to payments due to Life Library), the parties agree to negotiate to settle the dispute with a mediator before litigation.

8 PRIVACY

Life Library will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Life Library Privacy Statement is available upon request or by visiting lifelibrary.net

9 GOVERNING LAW

9.1 Life Library and the Customer agree that this Contract is governed by the law of the state of Queensland, and the parties submit to the jurisdiction of the courts of that State.

10 COLLECTION AND RETURN

10.1 All Equipment from Life Library will be self-collected and self-returned by the Customer to a Life Library Collection Point, the address of which is stated on the Rental Order, unless the Customer has ordered ‘Home Delivery and Pickup’ or ‘Postage’. If ‘Home Delivery and Pickup’ or ‘Postage’ is ordered by the Customer, the item will be dropped at the front door of the address given by the customer on the Rental Period commencement date or otherwise agreed, and collected from the front door of the customer on the Rental Period end date. If Postage is ordered by the Customer, the service is provided by a Third Party Courier and the drop off and pick up dates may vary and the customer will be notified as such.