Please read these terms and conditions carefully before ordering.
Payment received by Yamba Nursery Hire for hire of any equipment constitutes acceptance of these Terms and Conditions.
The Hirer acknowledges and agrees that the hire of any equipment from Yamba Nursery Hire (“the owner”) is subject to the following hire conditions:
1. That all hire equipment remains the property of the owner.
2. To pay all charges prior to delivery of the equipment as invoiced by the owner.
3. All hired equipment must be returned in a clean condition, normal wear-and tear permitting. All equipment is sterilised, cleaned and checked prior to hire. If any product is returned in an unclean state, the hirer will be charged a cleaning fee. If any product is not returned or is returned broken, damaged or incomplete, the owner will charge the hirer the current replacement cost of that product. Please do not use the owners pram as a highchair. I will have to charge a cleaning fee if the pram is returned with food on it.
4. The Hirer agrees to, at all times, keep themselves acquainted with the state and condition of the equipment and ensure that it remains safe and serviceable. In the event of equipment becoming unsafe, the hirer must immediately notify the owner.
5. Insurance of the equipment is the responsibility of the hirer – Yamba Nursery Hire does not effect any insurance whatsoever on the equipment.
6. The owner does not give any warranty in respect of the condition of the hired equipment, or its suitability for any particular purpose.
7. The owner does not accept responsibility for any injury to person or persons or damage to property belonging to the hirer or to anyone else, which arises from the use of any equipment hereby hired, however any such injury may arise or be caused.
8. It is the hirer’s responsibility to ensure that any equipment hired is appropriate for its intended use. It is the hirer’s responsibility to decide if the equipment is safe for its intended use.
9. Exclusion Clause
The hirer shall indemnify and keep indemnified and save harmless the owner and the owners servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, it’s servants or agents or otherwise.
b. Exclusion of liability
The owner shall not be liable to the hirer or the hirers servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under part V Division 2A of the Trade Practices Act (1974) or relevant state legislation) use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the owner, it’s servants or agents or otherwise,
c. Operation of clauses
Clause A & B hereof to the extent they are inconsistent with other clauses, terms or conditions of this agreement are to override such clauses and be of paramount force.