These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Mobility Caring and the Customer in writing. Mobility Caring agrees to hire Equipment to the Customer on terms set out in this document. If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by Mobility Caring) a Hire Form. Each Hire Form is not a separate contract but forms a part of this hire agreement between Mobility Caring and the Customer. The Customer agrees to receive hire forms and all associated documentation by electronic means. Mobility Caring may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
1. Interpretation of Words in this Contract
Commencement – The date when the Customer takes possession of the Equipment.
Equipment – Means any kind of equipment to help those with limited mobility or injury including but not limited to: Crutches and Walking Sticks, Electric Wheelchairs, Manual Wheelchairs, Rollators & Walkers, Mobility Aid Accessories and Walking Frames, and includes tools and parts and accessories for any of the foregoing.
Customer – refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment from Mobility Caring as identified in the Hire Form.
Hire Charge – The amounts shown on the Hire Form payable by the Customer to hire the Equipment.
Hire Period – Means from Commencement until the end of the period shown on the Hire Form. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if Mobility Caring agrees.
Hire Form – Means a document which Mobility Caring requires the Customer to sign (or accept in a way Mobility Caring requires) including particulars of the Equipment and the Hire Period and such other information as Mobility Caring may decide to require.
Mobility Caring – Mobility Caring Pty Limited (ABN 83 136 905 523).
2. Mobility Caring Obligations
Mobility Caring will:
- Allow the Customer to take and use the Equipment for the Hire Period.
- Provide the Equipment to the Customer clean and in good working order.
3.Obligations of the Customer
The Customer must:
- Deliver the Equipment to Mobility Caring when it is due back, even if it was delivered by Mobility Caring.
- Return the Equipment to Mobility Caring clean and in good repair.
- Satisfy itself at Commencement that the Equipment is suitable for its purposes.
- 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 Mobility Caring or posted on the Equipment.
- Indemnify Mobility Caring 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.
- Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorized by the Customer to do so and the Customer will not allege that any such person is not so authorized.
- Safely secure all items loaded in or on the Equipment or in or on the Customer’s vehicle, and indemnify Mobility Caring in respect of any injury and/or damage caused by items falling from the Equipment or from any vehicle or trailer operated by or on behalf of the Customer.
- Report and provide full details to Mobility Caring of any problem, default, issue, accident or damage relating to the Equipment within 2 business days of the occurrence.
The Customer must NOT
- Tamper with, damage or repair the Equipment.
- Lose or part with possession of the Equipment.
- Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract.
- Exceed the recommended or legal load, capacity limits and speed limits of the Equipment.
4. Payments by the Customer to Mobility Caring
- On or before Commencement (or as otherwise specifically agreed with Mobility Caring), the Customer will pay the Hire Charge.
- Immediately on request by Mobility Caring, the Customer will pay:
- The Hire Charge applicable for any agreed extension of the Hire Period.
- the new list price of any Equipment which is, for whatever reason, not returned to Mobility Caring.
(NOTE TO CUSTOMER: The Customer is responsible for loss or theft of the Equipment)
- all costs incurred in cleaning the Equipment.
- the full cost of repairing any damage to the Equipment caused or contributed to by the Customer.
- all costs incurred by Mobility Caring in delivering and recovering possession of the Equipment.
- Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of NSW from time to time and
- any reasonable expenses and legal costs incurred by Mobility Caring in enforcing this Contract due to the Customer’s default.
- Without limiting the ability of Mobility Caring to recover all amounts owing to it, the Customer authorizes Mobility Caring to charge any amounts owing by the Customer to any credit card or account details of which are provided to Mobility Caring.
- Mobility Caring may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
5. Exclusion of Warranties and Liabilities.
- 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.
- To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply. Mobility Caring 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 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:
- Mobility Caring shall be entitled to:
- terminate this Contract and/or
- sue for recovery of all monies owing by the Customer and/or
- repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so).
- The Customer indemnifies Mobility Caring 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.
Mobility Caring will comply with the Australian Privacy Principles in all dealings with Customers.
8. Governing Law
Mobility Caring and the Customer agree that this Contract is governed by the law of the state of New South Wales, and the parties submit to the jurisdiction of the courts of that State.