TINY BABES PLAY HIRE
TERMS AND CONDITIONS

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Hire Agreement
By accepting or otherwise confirming acceptance of the Quote or Invoice Form (such as by clicking ‘I
accept’, making full or partial payment of the Fees or accepting delivery of the Equipment) the
Customer acknowledges and agrees that it will be bound by this Agreement (including the terms in this document) and the Customer’s hire and use of the Equipment will be governed by this Agreement.
 

1. Definitions
In this document:
Agreement means the hire agreement between Tiny Babes and
the Customer and which incorporates this document and the Quote or Invoice Form.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation. Bond means $200.
Business Day means any day except a Saturday, Sunday or public holiday in Victoria, Australia.
Customer means the person specified in the Quote or Invoice Form.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Deposit means an amount equal to 50% of the Fees. Equipment means the equipment described in the Quote or Invoice Form, and includes any accessories attached to or which are supplied with the equipment.
Event Site means the location or premises set out in the Quote or Invoice Form.
Fee means the fee set out in the Quote or Invoice Form, which includes the Deposit.
Force Majeure Event means any event arising from, or attributable to, acts, events, omissions or
accidents which are beyond the reasonable control of a party.

Hire End Time means the time set out in the Quote or Invoice Form.
Hire Period means the period from the Hire Start Time to the Hire End Time.
Hire Start Time means the time set out in the Quote or Invoice Form.
Late Fee means the amount equal to the total hire fee (ex GST) charged per day.
Law includes any statute, regulation, order, code, rule, subordinate legislation or other document that is
enforceable in connection with a statute, regulation, order, rule or subordinate legislation.
Tiny Babes means Maroun Moussa trading as Tiny Babes (ABN 90693244059)
Loss includes any liability, claim, loss (including any consequential loss and loss of profit), damage, cost and expense.
Quote or Invoice Form means the form attached to this Agreement or otherwise provided to the
Customer. PDH Goods or Services means goods or services which, for the purposes of the Australian
Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or
consumption.

2. Hire of Equipment
Tiny babes agrees to hire to the Customer and the Customer agrees to hire from Tiny Babes the
Equipment for the Hire Period on the terms and conditions set out in this Agreement.

3. Hire Period
(a) The Customer may only use the Equipment at the Event Site during the Hire Period.
(b) Any change or extension to the Hire Period must be agreed to by Tiny Babes in writing.
(c) Tiny Babes may charge the Customer:
(i) the Late Fee if the Equipment is returned to Tiny Babes after the end of the Hire Period; or
(ii) if the Equipment is not returned by the Customer within 48 hours after the end of the Hire Period, an amount equal to the recommended retail value of the Equipment.

4. Delivery and Collection
(a) The party selected in the Quote or Invoice Form will be responsible for delivering or collecting the
Equipment. (b) If the Quote or Invoice Form provides that Tiny Babes is required to deliver the
Equipment then:
(i) Tiny Babes will deliver the Equipment to the Event Site on or before the Hire Start Time;
(ii) the Customer must ensure that Tiny Babes is provided with safe access to the Event Site in order to allow Tiny Babes to deliver the Equipment; and
(iii) there must be a representative of the Customer present at the Event Site at the time delivery of the Equipment is made.
(c) If the Quote or Invoice Form provides that the Customer is to collect the Equipment then the
Customer must collect the Equipment from the premises notified by Tiny Babes to the Customer or
otherwise agreed by the parties:

(i) no earlier than the Hire Start Time or such other time as the parties may agree in writing; and
(ii) at its own cost.
(d) Unless otherwise agreed by Tiny Babes, the Equipment will only be delivered or be available for
collection between the hours of 8:00am - 8:00pm.

5. Fees, Deposit and Bond
(a) At the time the Customer enters into this Agreement the Customer must pay Tiny Babes:
(i) the Deposit; and
(ii) the Bond.
(b) The Deposit will not be refundable and Tiny Babes will be entitled to keep the Deposit.
(c) Tiny Babes may retain the Bond (in whole or in part) to recover its Loss due to any breach of this
Agreement by the Customer (including damage to the Equipment,cleanliness of the equipment, failure to return the Equipment or failure to make payment).
(d) When the Equipment has been returned to Tiny Babes,
Tiny Babes will return the Bond to the Customer (less any amounts retained by Tiny Babes in
accordance with clause 5(c). (e) The Customer must pay Tiny Babes the Fees (less any Deposit
already paid) at the time specified for payment in the Quote or Invoice Form.

6. GST
(a) In this clause 6, words and expressions which are defined in the A New Tax System (Goods and
Services Tax)

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Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to
them by that Act. (b) Unless otherwise expressly stated in writing in this Agreement, all amounts
payable by the Customer in connection with this Agreement do not include an amount for GST. If GST is payable on any supply made by Tiny Babes under this Agreement, the Customer must pay toTiny
Babes, in addition to and at the same time as the payment for the supply, an amount equal to the
amount of GST on the supply. Where the Customer is required by this Agreement to reimburse or
indemnify Tiny Babes for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that Tiny Babes will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by Tiny Babes in respect of the reimbursement or payment.

7. Use of Equipment
The Customer must ensure the Equipment:
(a) is used in accordance with any directions or instructions provided by Tiny Babes;
(b) is used strictly for any purpose and capacity for which it has been specifically designed;
(c) Is not used to conduct or undertake any illegal activity;

(d) is not modified or damaged in any way;
(e) is kept safe and not put in any danger of loss or damage; and
(f) is kept at the Event Site.

8. Safety and supervision
(a) The Customer acknowledges and agrees that it is responsible for the use of the Equipment and the safety of any person using the Equipment.
(b) The Customer must ensure any use of the Equipment by a person under the age of 18 years is
supervised by a responsible person over the age of 18 years.
(c) The Customer is responsible for ensuring the Equipment is suitable for the age and skill of children using the Equipment.

9. Title and risk
(a) Tiny Babes retains full ownership and title to the Equipment throughout the Hire Period and at no
stage does title to the Equipment pass to the Customer.
(b) The Customer holds the Equipment as fiduciary agent and bailee and must not must not sublease, sub-hire or otherwise let the Equipment to any other person and, if the Customer loses possession for any reason, the Customer must ensure that Tiny Babes is notified immediately by phone and as soon as possible in writing.
(c) Risk in the Equipment passes to the Customer upon the delivery of the Equipment to the Event Site
or collection of the Equipment by the Customer and risk passes back to Tiny Babes upon the Equipment being delivered to Tiny Babes.

10. Inspection and access
(a) Tiny Babes may at all reasonable times access the Event Site:
(i) to inspect the state of repair of the Equipment; and

(ii) do any act, matter or thing which may be
required to be done to give proper effect to the terms of this Agreement or to protect Tiny Babes rights in the Equipment.
(b) For the purposes of Tiny Babes exercising its rights under clauses 4(b), 10(b) and 18(b), the
Customer:

(i) expressly authorises and grants Tiny Babes and its agents an express, irrevocable
licence to enter the Event Site and premises of the Customer or relevant third party to inspect the Equipment or to remove or arrange for the removal of the Equipment; and
(ii) the Customer indemnifies Tiny Babes against any Loss that may be incurred or sustained by Tiny
Babes, its employees or agents, as a result of the entry of the Event Site or those premises where the
Equipment are stored.

11. Notification obligations
(a) The Customer must notify Tiny Babes immediately by phone and as soon as possible in writing, if
any of the following occurs:
(i) the Equipment is lost, stolen, becomes damaged or unusable for any reason; or
(ii) any person is injured or passes away as a result of using the Equipment.
(b) If the Equipment becomes damaged or unusable for any reason the Customer must:
(i) ensure the Equipment is not used by any person; and (i) take all steps necessary to prevent injury or death to any persons.

12. Return of Equipment
(a) The Equipment must be returned to Tiny Babes at the earlier of the Hire End Time and the
termination of this Agreement:
(i) in the same condition as the Equipment was at the beginning of the Hire Period; and
(ii) clean and free from any marks, materials or soiling. (b) If 12(a) is breeched, Tiny Babes will recover
the cost to return the Equipment to the condition at the beginning of the Hire Period (in excess of bond) from the Customer.
(b) The Customer is responsible for returning the Equipment at the Hire End Time, and must do so at its own cost.

13. Assumption of risk
Subject to, and without limiting, clause 14:
(a) the Customer acknowledges that Tiny Babes has made no warranty regarding the condition,
suitability or capacity of the Equipment for the Customer’s purpose; and
(b) the Customer:
(i) uses, operates and possesses the Equipment at the Customer’s own risk; and
(ii) agrees that Tiny Babes has no responsibility or liability for any Loss of the Customer caused by or in connection with the Equipment (including use of the Equipment).
 

14. Limitation of liability
(a) If the Customer is a Consumer and Tiny Babes supplies
PDH Goods or Services to the Customer, Tiny Babes acknowledges that the Customer may have
certain rights under the Australian Consumer Law in respect of the guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by Tiny Babes and nothing in this Agreement should be interpreted as attempting to exclude, restrict or modify the application of those rights.
(b) If the Customer is a Consumer and any goods or services supplied by Tiny Babes to the Customer
are non PDH Goods or Services, Tiny Babes liability to the Customer in connection with any breach of
the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at Tiny Babes
discretion) to:
(i) in the case of goods:

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(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services:
(A) the supplying the services again; or
(B) the payment of the cost of having the services supplied again.
(c) If the Customer makes a claim against Tiny Babes which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, Tiny Babes expressly excludes all liability in respect of the Equipment supplied by Tiny Babes to the Customer.

15. Indemnity
The Customer, to the extent permitted by Law, indemnifies, and holds harmless, Tiny Babes against any Loss or claim arising under, out of, or in connection with:
(a) any breach by the Customer of any of its obligations under this Agreement;
(b) loss of, or damage to, the Equipment, any real or personal property owned, leased, licensed or
controlled by Tiny Babes, or any real or personal property of any third party, caused by arising out of or in connection with this Agreement or any activity for which the Customer is directly or indirectly
responsible; (c) personal injury (which includes illness) or death of any person caused by, arising out of, or in connection with this Agreement and for which the Customer is directly or indirectly responsible (including in relation to the use of the Equipment); and
(d) the wilful misconduct, the wilful default, wilful neglect, fraud or negligence of, or breach of any Law by, the Customer.

16. Cancellation
If the Customer decides to cancel the hire of the Equipment or reduce the number of items hired by
giving written notice to Tiny Babes (a) the Deposit will not be returned to the Customer; and (b) if written notice of cancellation or reduction of items hired is received:
(i) at least 7 days before the Hire Period commences, Tiny Babes agrees to refund 100% of the balance
of the Fees (less the Deposit) to the Customer;
(ii) within 7 days of the commencement of the Hire Period, unless otherwise agreed
(iii) Tiny Babes will retain 100% of the Fees (less the Bond) to represent loss of business.

17. Force Majeure
Tiny Babes will not be liable for any failure to perform or delay in performing its obligations under this
Agreement if that failure or delay is due to a Force Majeure Event.

18. Termination
(a) Tiny Babes may terminate this Agreement immediately by notifying the Customer if:
(i) the Customer does not pay the Fee or any other payment on the due date for payment; or
(ii) the Customer fails to perform or observe any of its obligations (other than its payment obligations) under this Agreement and, if capable of remedy, such default continues for more than 24 hours after notice from Tiny Babes requiring the Customer to remedy the same.
(b) Upon service of any notice in accordance with clause 18(a):
(i) all rights of the Customer to use the Equipment will terminate and the Customer must immediately return the Equipment to Tiny Babes; (ii) Tiny Babes may, directly or by its agent, take possession of the Equipment at the Customer’s cost wherever it may be; and (iii) Tiny Babes may retain the Deposit.

19. General
(a) Notices by a party must be delivered by hand, prepaid post or email and sent to the address of the receiving party specified, in respect of the Customer, in the Quote or Invoice Form and, in respect of Tiny Babes. Notices will be deemed to have been received: by hand upon delivery; by post within six Business Days of sending; and by email one hour after the email is sent (unless the sender knows that email has failed to send).
(b) Nothing contained or implied in this Agreement may be deemed or construed to create the
relationship of partnership or of principal and agent or of joint venture between Tiny Babes and the
Customer.
(c) The Customer may not assign, transfer or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of Tiny Babes.
(d) This Agreement is governed by the laws of Victoria and the parties submit to the non-exclusive
jurisdiction of the courts of Victoria.

(e) The rights and obligations of the parties in respect of agreements, indemnities, covenants and
warranties contained in this Agreement remain in full force and effect, are continuing agreements,
indemnities, covenants and warranties and are not merged or extinguished by or upon termination of, or completion of any obligations under, this Agreement.
(f) This Agreement may not be varied except by a document in writing signed by Tiny Babes and the
Customer. (g) No failure to exercise or delay in exercising any right given by or under this Agreement to a party constitutes a waiver and the party may still exercise that right in the future. No single or partial exercise of any right precludes any other or further exercise of that or any other right.
(h) In this Agreement:
(i) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
(ii) a reference to a party or a person includes the party’s or the person’s executors, legal personal
representatives, successors, permitted transferees and assigns;
(iii) no provision of this Agreement will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement; and
(iv) all monetary amounts are in Australian dollars and a reference to payment means payment in
Australian dollars.