Car Seats, Prams, Baby Clothes, Toys & Nappies

Date: Effective as at August 2023

These Terms and Conditions of Hire set out the terms that are to apply between the customer (“you”) and Baby Bunting Pty Ltd (ABN 43 128 546 154) (“Baby Bunting”, “we” or “us”) for the hire and use of hire equipment provided by Baby Bunting.

By placing an order to hire equipment from Baby Bunting you agree that these Terms and Conditions will apply to the agreement for Baby Bunting to hire Equipment to you.

Agreement to hire Equipment

Baby Bunting agrees to hire Equipment to you, and you agree to hire the Equipment, for the Hire Period at the Hire Rates. The “Hire Period” is the period confirmed in your booking confirmation which starts on the day you receive the Equipment from Baby Bunting and ends on the date specified in the booking confirmation (or as may be extended by agreement). “Hire Rates” are the rates and charges for your Equipment confirmed in your booking confirmation. “Equipment” means the products to be hired by you as described in this agreement. Specific provisions that apply to particular Equipment are set out in the schedules to this agreement.

You can extend the Hire Period at any time before the scheduled end of the Hire Period by contacting Baby Bunting. You will be required to pay additional time-based fees (in accordance with the Rates Schedule) equal to the period by which you are extending the Hire Period. The extended Hire Period and Hire Rates will be confirmed in a further booking confirmation.

You may return the Equipment to Baby Bunting before the end of the Hire Period. However, Baby Bunting will not provide you with any refund of your Hire Rates for the unused portion of the Hire Period.

The Equipment must be returned to the Baby Bunting store where you first received the Equipment, unless we agree to an alternate Baby Bunting store. Requests for an alternative store must be agreed at least one week in advance of the end of the Hire Period. Please contact the Hire Administrator (see your booking confirmation).

Important information – when using the Equipment

5. You must follow specific instructions when using the Equipment. Refer to the applicable schedule for specific information.

What to do if you have concerns about the Equipment

6. If you believe that the Equipment is not working properly or becomes damaged then immediately stop using the Equipment.

7. You must notify Baby Bunting as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to Baby Bunting).

Fees and charges

8. You agree to pay to us the fees and charges contemplated by these Terms and Conditions and set out in your booking confirmation (“Hire Rates”).

9. The current fees, charges and conditions are set out on Baby Bunting’s hire website located below.

10. If you do not return the Equipment to Baby Bunting at the end of the Hire Period, Baby Bunting may charge you fees in relation to the additional period of time that the Equipment remains outstanding beyond the original Hire Period. The extension fees are those set out in the Rates Schedule.

11. All fees and charges quoted are in Australian dollars and are inclusive of GST.

Bond and lost or damaged Equipment

12. When you hire Equipment, a Bond is also payable. We will refund the Bond back to you (in the same payment method as which it was made) when:

(a) you return the Equipment at the end of the Hire Period; and

(b) provided the Equipment is returned to us in the same condition as at the start of the Hire Period, except for fair, wear and tear.

13. If the Equipment:

(a) is not returned to us at the end of the Hire Period; or

(b) is returned not in the same condition as at the date of the Hire Period, except for fair, wear and tear, we can retain some or all of the Bond (at our discretion but acting reasonably and in good faith) to meet the costs of the lost or damaged Equipment and, you also agree to pay to Baby Bunting the costs of cleaning, repairing or replacing the Equipment, to the extent those costs exceed the amount of the Bond.

14. If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you pursuant to clause 12 or 13, you agree to reimburse Baby Bunting for those additional costs.

15. If the Equipment is lost, stolen or damaged, you must inform Baby Bunting as soon as possible after you become aware.

Insurance

16. You are advised to appropriately insure the Equipment. We recommend you contact your insurer to extend the existing insurance coverage to the Equipment for the duration of the Hire Period.

Your representations to Baby Bunting

17. You represent and agree in favour of Baby Bunting that:

(a) information you have provided when hiring the Equipment is true and accurate;

(b) you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;

(c) you will keep the Equipment clean and in the same condition as it was in at the commencement of the Hire Period (except for fair, wear and tear);

(d) you will retain control of the Equipment at all times; and

(e) if the Equipment is stolen you will provide Baby Bunting with a copy of the police report or any other evidence of the loss as is requested by Baby Bunting.

Your liability and our liability

18. Your hire of the Equipment is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Equipment must be of acceptable quality, reasonably fit for the purpose that Baby Bunting represents it will be fit for, and that the Equipment will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

19. Subject to the clause above and to the extent permitted by law:

(a) Baby Bunting will have no liability to you or any other person for any injury, loss, cost, expense or damage (including to property) that is incurred or suffered by any person in connection with or as a result of:

(i) the use or hire of the Equipment;

(ii) the theft, loss or damage of the Equipment,

except where the injury, loss, cost, expense or damage was directly caused by Baby Bunting;

(b) if the Equipment breaks down (except as a result of misuse or negligence), Baby Bunting’s liability will be limited to refunding an appropriate part of the Hire Fee or providing you with replacement equipment; and

(c) you agree to indemnify Baby Bunting and its employees and officers against any injury, loss, cost, expense or damage they may suffer or incur directly or indirectly in connection with your use or hire of the Equipment in breach of these Terms and Conditions.

Recovering the Equipment

20. If you fail to comply with these Terms and Condition (including failing to pay any amounts due to Baby Bunting), Baby Bunting can re-take possession of the Equipment. You agree that Baby Bunting (or its agents) may enter into a place or premises where the Equipment is located to re-take possession of the Equipment and you agree to provide assistance to Baby Bunting to enable this to occur. This right is in addition to any other rights Baby Bunting may have.

Privacy

21. We require you to provide certain personal information, such as your name and contact details, before we will hire any Equipment to you. We collect and manage your personal information in accordance with our Privacy Policy which forms part of these Terms and Conditions. (A copy of the Privacy Policy is available at babybunting.com.au/policies/privacy-policy.). By providing your personal information to us, you consent to our Privacy Policy, including to us providing your personal information to third parties, if required to provide our services.

General

22. Ownership of the Equipment remains at all times with Baby Bunting and will not pass to you.

23. Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

24. Baby Bunting may, at times it considers appropriate, modify these Terms and Conditions (including updating the Rates Schedule). Baby Bunting will not change any Terms and Conditions (or Hire Rates) of existing bookings; any variations or amendments will only apply to bookings made after the date of such amendment(s). That means for future bookings, these Terms and Conditions may be different and so it is recommended that you read these Terms and Conditions carefully each time you agree to them as the Terms and Conditions that apply are those that applied at the time of your booking order.

25. Notwithstanding clause 24, as between you and Baby Bunting, these Terms and Conditions as they apply in respect of the hire of specific Equipment confirmed in a booking confirmation, can only be amended in writing as agreed to by you and us.

26. These Terms and Conditions are governed by the laws of Victoria, Australia.

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SCHEDULE – MEDELA BREAST PUMP HIRE

This schedule applies in relation to Equipment that is a Medela breast pump.

Important safety information – using breast pumps safely

27. You must follow the following requirements when using the Medela breast pump:

(a) Clean all reusable parts that come in contact with the breast and breast milk prior to first use.

(b) Clean parts that come in contact with the breast and breast milk immediately after use.

(d) Do not continue pumping for more than two consecutive pumping sessions if no results are achieved.

(e) If problems or pain occur, consult a lactation specialist or your medical practitioner.

(f) Never use the pump during pregnancy, unless prescribed/advised by a physician.

(g) For mothers who are infected with Hepatitis B, Hepatitis C or Human Immunodeficiency Virus (HIV): pumping breast milk will not reduce or remove the risk of transmitting the virus to the baby through breast milk.

(h) Never use a device, components or parts that are damaged.

(i) Never use a device, components or parts if dirt, mould or other contamination is visible.

(j) Replace mouldy, damaged or worn parts.

(k) There are no user-serviceable parts inside the Medela Symphony pump unit. Repairs must be performed only by an authorised service agency. Do not repair the parts yourself.

(l) No modifications to the device are permitted.

(m) Use the Medela Symphony breast pump only for its intended use as described in the manual.

(n) Use only original Medela accessories.

(o) Do not use attachments not recommended by Medela, as this may cause hazards.

(p) Do not modify any parts of the pump or the pump set.

(q) Do not use the Medela Symphony breast pump while sleeping or overly drowsy.

(r) Do not use the Medela Symphony breast pump while operating a motor vehicle.

(s) Do not drive while using hands-free pumping.

(t) Never drop or insert any object into any opening or tubing.

(u) Do not use the pump outdoors.

(v) Supervision is necessary when the Medela Symphony breast pump is used in the vicinity of children.

(w) Radio frequency communications equipment such as wireless home network devices, mobile phones, cordless telephones and their base stations as well as walkie-talkies can affect the Medela Symphony breast pump.

(x) Due to electromagnetic compatibility (EMC), a distance of at least one meter between the Medela Symphony breast pump and the wireless equipment is recommended.

Fees and charges – Breast Pumps

28. Our current fees, charges and conditions for the hire of the Medela Breast pumps are set out in the Rates Schedule.

Terms and Conditions of Hire