- For the purpose of these Terms & Conditions 'the Hirer' is defined as the person or persons hiring the item or items from Toying About.
- The Hirer must pay for all hire items in full upon delivery via cheque, cash or direct deposit for the hire period specified.
- The Hirer must sign the “Hire of Toys Agreement” (which incorporates these Terms & Conditions) at the time of delivery. The Hire of Toys Agreement will indicate the hire period, including the start and finish dates, acceptance of instruction for the safe use of the hire equipment and acceptance that the Hirer has read, understood and agreed to all of the stated toy hire Terms & Conditions of Toying About.
- The Hirer or their nominated carer agrees to only use the item or items hired for their intended use and only in accordance with the instructions provided.
- It is the sole responsibility of the Hirer or their nominated carer to ensure that the items hired are suitable for the age and skills of the children who will use them.
- To the extent permitted by law, Toying About shall not be liable and the Hirer or their nominated carer hereby releases Toying About from any loss or damage howsoever arising (whether arising under statute, from negligence, personal injury, death, property damage, or infringement of third party rights or otherwise). Toying About does not accept any liability as a result of a failure to comply with specific instructions and under no circumstances will Toying About be held liable for any injury caused by or arising from items supplied. The Hirer or their nominated carer must ensure that any or all children using any equipment supplied by Toying About are supervised by a competent person at all times.
- The items supplied for hire by Toying About will remain the exclusive property of Toying About and the Hirer or their nominated carer will not lend, sell, or underlet any items supplied for hire. The Hirer or their nominated carer is not to remove the items from the nominated delivery address unless prior written approval is obtained from Toying About.
- It is the Hirer’s responsibility to examine the supplied items prior to use to determine fitness and state of repair. The Hirer or nominated carer accepts responsibility to return the items in the same state of repair and cleanliness as when delivered. The Hirer shall be responsible and indemnifies Toying About against any loss or damage to the hire items.
- In the event of a loss or theft of the items supplied, the Hirer must immediately notify Toying About and the Hirer will be responsible for the replacement value of the item or items.
- Pre-arranged dates and times will be agreed between the Hirer and Toying About for the delivery and pick-up of the hired item or items. Toying About reserves the right to charge a late fee if the Hirer fails to make the item or items available for pick-up at the pre-arranged date and time without reasonable notice to Toying About. The late fee shall be equivalent to one (1) week hire of the respective item or items.
- Toying About reserves the right to utilise the services of debt collection agencies should any payment or promise of payment by the Hirer not be honoured (including without limitation any cheque not being honoured). The Hirer will also be liable for any costs incurred by Toying About in recovering monies owing, which may also be recovered by the debt collection agency at the time of recovery of the initial amount owing.
- If the Hirer defaults in payment of any sum payable hereunder or commits any other breach of these Terms & Conditions or, in Toying About’s opinion, acts or behaves in any manner likely to damage the item or items or otherwise jeopardise the interests or business of Toying About and fails to remedy or cease the default, breach or action to the satisfaction of Toying About within two (2) days of notice from Toying About requiring remedy or cessation of the default, breach or action, Toying About may without notice terminate this Hire of Toys Agreement.
- In the event of the Hire of Toys Agreement being terminated by Toying About in accordance with Clause 12, the Hirer must as soon as practicable make the hire item or items ready and available for collection by Toying About and pay to Toying About all monies that are due and payable up to the date of termination under this Hire of Toys Agreement and all transport costs and any other costs and expenses incurred by Toying About in collecting the hire item or items from the Hirer. In the event of the Hirer failing to do so, Toying About may retake possession of the hire item or items and for that purpose Toying About, its servants and agents may, without previous notice, enter upon any premises upon or in which the hire item or items or any part of it may be. All costs and expenses of Toying About retaking possession of the hire item or items must be repaid to Toying About on demand. The determination of the hiring does not affect the right of Toying About to recover from the Hirer any monies due at the date of such determination or to recover damages in respect of any breach by the Hirer of the terms of the hire.
- Clauses 1, 6, 7, 12 and 13 of this Hire of Toys Agreement and the relevant provisions of Clauses 12 and 13 shall continue to apply after termination of this Agreement.
- Toying About collects and retains in its database personal information regarding visitors to our website for the purpose of advising those visitors of new products, services and special offers, and for business development purposes of Toying About. The personal information collected and retained includes names, addresses, contact details, hiring records and credit records. Toying About’s database will be used solely by Toying About for the above purposes. Any person about whom Toying About retains personal information may seek access to that information or seek to correct that information at any time by contacting Toying About via our Contact Us page.
- All prices quoted on the Toying About website and Hire of Toys Agreement are inclusive of GST. Toying About reserves the right to amend prices at any time without notice.
- This Hire of Toys Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
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