ILS Babycare trading as Independent Living Specialists Pty Ltd ABN: 78106336958
HIRE / SALES AGREEMENT
BETWEEN The Independent Living Specialists Pty Ltd and all associated brands, ILS Babycare (‘Lender’) AND The party identified in Item 1 of the Schedule (‘Borrower’) Definitions ‘Term’ means – term of the Agreement; The beginning date ie signing/issuing of the “ILS Hire – Hire Form” and ending on the date the equipment is returned to the Lender. “Equipment” means equipment purchased or hired by the Borrower from the Lender.
1. Limitation of Liability
1.1 The Borrower agrees to indemnify and keep indemnified the Lender from and against all costs, losses, damages and or claims made against the Lender arising or in any way connected to any accident or injuries to the Borrower or any other person, including property claims or expenses arising from or in connection with the hire or use of Equipment sold or hired to the Borrower.
1.2 For items hired such as a power wheel chair, scooter or the Inogen One, the Borrower has the option to take out insurance cover with the Lender at the rate to the Borrower of $22.00 per week. This will cover items hired up to the value of $6000 should they be lost, stolen or damaged. This cover carries an excess of $300 which the Borrower will be required to pay on each incident for which insurance cover is claimed. Should no insurance be selected then the borrower will be required to pay for the full replacement value of the hired item. In the event that the item is stolen, a police report is required by the Borrower to the Lender before any insurance claim can be made.
1.3 The liability of the Lender for a breach of a term or condition implied by the Trade Practices Act 1974 (as amended), shall be limited at the Lender’s option to the replacement of the approved goods or services, or the supply of equivalent approved goods and services, or the payment of the cost of replacing approved goods and services.
2. Extension of Loans. This agreement automatically extends beyond the initial rental period for further 28 day period unless the Borrower notifies the Lender at which point a termination reference number will be quoted or applied.
3. Delivery of Equipment
3.1 Equipment, such as shower chairs, wheelchairs, commodes considered as general items can be delivered for a charge of $33 inc gst. This includes delivery, installation and demonstration where needed. These hired items can be returned to our Lane Cove warehouse facility or a VIP collection fee of $33 inc gst is available on acceptance. For Hoists, Air Chairs or pressure mattresses a fee of $88 inc gst will apply. This will include the delivery, installation, demonstration and collection of the item(s) when they are no longer required. For beds a fee of $132 inc gst will apply. This will include the delivery, installation, demonstration and collection of the bed when no longer required. For a King single bed, posture flex bed or a recliner chair a fee of $185 inc gst will apply. This will include the delivery, installation, demonstration and collection of the item(s) when they are no longer required. For Oxygen equipment a fee of $55 will apply and this will include the delivery and collection of the items. Same Day premium fees: A same day delivery can be made with a fee of $85 inc gst in addition to the standard fees. Beyond 3pm the fee will increase to $120 inc gst. A same day request ordered on a Friday, will incur a same day fee of $120 inc gst. For weekend deliveries a premium of $240 inc gst will apply. All standard fees apply with the premium fees as additional.
3.2 In the event the Lender is not able to deliver the Equipment due to the Borrower not being present at the time of delivery during the stipulated 3 hour delivery window, the Lender reserves the right to charge a failed delivery fee equal to the stated delivery fee.
4. Use of Equipment
4.1 The Borrower must ensure the correct use and maintenance of the Equipment by undertaking instruction with an ILS Hire representative in the operation of the equipment. By accepting the Equipment, the Borrower warrants that it has received proper instructions in the use of the Equipment (and or it has been installed properly) and will rely on its own skill and care when using the Equipment. If the Borrower requires further assistance in relation to the use of the Equipment the Borrower must contact the Lender immediately. The Lender will not be responsible for injury or loss caused to the Borrower or any other person, as a result of the use of the Equipment once the Equipment is accepted by the Borrower. The Borrower shall be deemed to have accepted the Equipment on delivery and departure from the delivery site of the ILS Hire representative after (where applicable) any instruction has been given to the Borrower by the ILS Hire representative.
4.2 The Borrower accepts full responsibility for the safety and good care of the Equipment and must ensure the equipment is properly maintained at all times.
4.3 The Borrower must immediately report any problem in the use of the Equipment to the Lender.
4.4 The Borrower must not take the Equipment interstate or overseas unless authorized in writing to do so by the Lender.
4.5 The Borrower must use the equipment only for lawful purposes.
4.6 The Borrower shall indemnify the Lender for any claim, loss or damage suffered by the Lender as a result of the Borrowers breach of any of its obligations in this agreement.
4.7 At all times, title in the Equipment remains vested in the Lender. The Borrower is at all times a bailee of the Equipment and owes the Lender a duty of care over the Equipment as bailee. The Lender may, at its discretion, terminate the agreement at any time without notice.
5.1 The Borrower must pay the loan fee of four (4) weeks / 28 days in advance to the Lender upon signing this Agreement. There is a minimum hire period of two weeks.
5.2 For cheque or cash amounts a holding deposit of $250 is required on all hire contracts. A late payment fee of $11.00 including GST per week will apply to all accounts outstanding beyond fourteen 14 days from invoice.
5.3 Should the lender incur two (2) late payments, they shall forfeit their deposit and the Lender will reserve the right to collect the items.
5.4 Images on the ILSAU.com.au website are indicative only. A product may have a different shade or size as to what is represented online.
6. Return of the Equipment
6.1 The Equipment must be returned on or by the return date, as varied pursuant to clause 2.1.
6.2 If the Equipment is not returned on or by the return date, the Borrower shall continue to pay the assigned daily / weekly rental charges. Where payment is being made by credit card, the Borrower hereby authorizes the Lender to debit the Borrower’s nominated credit card for one month’s rental on the monthly anniversary.
6.3 The Borrower shall be responsible for the collection / return of the equipment, and all costs associated.
6.4 If the Borrower returns the Equipment by post or courier, the Equipment must be adequately protected and the Borrower must not attach any label to the Equipment or to the packaging provided with the Equipment. Part return of equipment: In the event the borrower wishes to return 1 or more items but wishes to continue to hire the balance, an additional collection fee will be charged based on the item for collection.
7. Option to purchase. The Borrower may purchase the Equipment at any time. The purchase price is available upon request from the Lender. If the Equipment is purchased by the Borrower an amount representing 2 weeks hire shall be deducted from the quoted purchase price if the Equipment is purchased within the first month of hire. If the equipment is purchased after the first month of hire a further amount representing 1 weeks hire shall be deducted from the purchase price for each whole month up to a total of 4 months (including the initial month of hire) for which the Equipment has been hired by the Borrower.
8.1 For hired items returned within the first 28 days of rental there will be a maximum refund of 2 weeks hire. Refunds are only made on any full week ie; 7 days equals 1 x weekly rental charge. All rehab hires are calculated on a weekly basis and not on a pro rated daily rate basis. Oxygen hires are calculated on a 28 days cycle with no refund. A refund will be provided on the return of the equipment, providing the item is in good working order.
8.2 Items purchased: No refunds will be provided for incorrect choice. Please choose carefully.
Delivery and pick up fees will additionally apply for goods that were delivered free of charge and require ILS collection.
9. Termination. This agreement terminates on the Return Date unless terminated sooner at the Lender’s discretion.
10. Governing law and jurisdiction. This agreement is governed by the law of NSW and the parties to this agreement submit to the jurisdiction of the courts of that state.