It is the sole responsibility of the Hirer to ensure that the play equipment hired is suitable for the age and abilities of the children who will use them and the Hirer must ensure that any or all children using any equipment supplied by Big Toys for Little People are supervised by a competent person at all times.
If the Hirer is a ‘consumer’ of goods or services within the meaning of that term in the fair trading act 1987 (WA) or similar legislation, then the Hirer will have the benefit of certain non-excludable rights and remedies in respect of the play equipment and nothing in these terms of hire excludes, restricts or modifies any condition, warranty, right or remedy which is conferred pursuant to the Fair Trading Act or similar legislation.
Subject to clause 5 above, Big Toys for Little People shall not be liable for any expenditure, damage, loss or inconvenience incurred by the hirer arising out of the play equipment whether caused by fair wear and tear or any other reason whatsoever. Under no circumstances will Big Toys for Little People be held liable for any injury caused by or arising from the play equipment supplied.
Subject to clause 5 above, Big Toys for Little People shall not be liable and the hirer hereby releases Big Toys for Little People from any loss or damage howsoever arising whether arising under statute, from negligence, personal injury, death, property damage, infringement of third party rights, or any indirect, special or consequential damages or injury to any person, corporation or other entity.
The play equipment supplied for hire will remain the exclusive property of Big Toys for Little People and the Hirer will not lend, sell, or underlet any play equipment supplied for hire.
In the event of theft of the play equipment, Big Toys for Little People is under no obligation to provide replacement play equipment.
In the event of theft of the play equipment supplied, the hirer must immediately notify Big Toys for Little People and the Hirer will be responsible for the replacement value of the play equipment.
In the event of damage to the play equipment, Big Toys for Little People will elect whether the Hirer must pay an amount equal to:
The cost of replacing the play equipment: or
The cost of the repair of the play equipment
In the event of damage to the play equipment and the Hirer elects to leave the play equipment “in situ” and not return the play equipment to the place of hire or repair where the Hirer could have reasonably done so then the Hirer will pay Big Toys for Little People reasonable costs of the repair, retrieval and return of the play equipment.
The Hirer acknowledges that this Hire agreement is subject to all known defects in the play equipment as disclosed to the Hirer on the quote and/or the invoice and/or advertising and/or by Big Toys for Little People in writing.
It is the Hirer’s responsibility to examine the play equipment prior to use to determine fitness and state of repair. The Hirer accepts responsibility to return the play equipment in the same state of repair and cleanliness as when delivered.
A Cleaning fee of $60 per hour will apply where the play equipment is returned in an unacceptable condition which requires extra cleaning.
The customer hereby charges any interest it has in any real or personal property with the payment of the play equipment and grants to Big Toys for Little People the legal right to lodge a caveat or similar security against such interests.
The Hirer hereby indemnifies Big Toys for Little People against all costs, disbursements and expenses including, but not limited to, legal costs relating directly or indirectly to the payment of the hire of the play equipment including the costs of lodging a caveat or similar security and all incidental solicitor’s costs on an indemnity basis.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of these Terms and Conditions.
Any variations to these Terms and Conditions must be in writing and signed by Big Toys for Little People and the Hirer.
Big Toys for Little People respects the Hirer’s privacy and complies with the Privacy Act 1998(Cth). Big Toys for Little People may gather and process information which the Hirer provides, such as the Hirer name, address, email address and other personal information and Big Toys for Little People may use the information acquired to offer the Hirer goods and services.