Blue Light Blocking Glasses
Hiring Terms + Conditions
The terms and conditions explained in layman's:
You, can pay a $33.00 (inc GST) security deposit to hire the glasses for 7 days for you and your children to try out at home. You can collect the glasses from Clint at a Autism & Beyond Coaching Australia Private Kids Coaching session your child attends, request postage, or arrange to collect from our home in Maroochydore.
If the Coaching session day and time has to be postponed you have 48-hours to collect (by arrangement) before the late fee kicks in (we understand you or your child may become ill or life gets in the way, so we're allowing you 2 more days to come and collect the glasses from our home or at a Coaching session if postponed to within 48-hours of the original hire start date).
If requiring postage for the hire pair you are responsible for returning the items via organising and paying for postage and you have a maximum of 7 days to use/wear the pair with the addition of 2 extra business days at the end of that period to place in the post. A 500g Standard Australia Post satchel is required. If you opt out of paying extra for insurance you are responsible for any loss or damage and loss as per details below.
The $33.00 will be refunded in full after you return the glasses to us (depending on the condition - we take before and after photos) or you can opt to pay the remaining amount for the full retail cost of $85.00 and own a brand new pair (or ask for more pairs for other family members).
Postage costs will not be reimbursed.
The official Terms and Conditions and Agreement:
This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between Clint Bauer, Primal Influence, of 4/9 Norman Avenue, Maroochydore QLD 4558 (“Owner”), and the person aged 18+ requesting this service (“Renter”).
Owner and Renter are hereinafter collectively referred to as “Parties”.
Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
HMC (Holistic Movement Coach) blue light reducing glasses, storage case, cleaning cloth and adjustable head strap (“Equipment”).
This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment seven (7) days prior, unless terminated earlier consistent with the terms herein.
2. Payment and Security Deposit.
Renter shall pay AUD $33.00 security deposit per item for personal use for seven (7) days and Owner to charge the Renter the full amount via Invoice to be paid by Renter in full via bank transfer prior to the commencement date.
The Renter may request postage to hire or purchase Equipment and is responsible for the payment of the postage fee both to and from the Owner. An pre-paid Australia Post 500g satchel with Standard postage is required to be used by the Owner and Renter. The Renter must organise postage within two (2) business days of the end of the personal use period of seven (7) days.
The Renter is responsible for the Equipment during transit and for any damage or loss of the Equipment. The Renter may choose to request and pay for insurance via Australia Post.
AUD $33.00 is returned to the Renter by the Owner via bank transfer within seven (7) days upon the return of the Equipment to the Owner, in the case of no loss, damage or repair required on the equipment.
An extra AUD $40.00 charge for loss of, or severe damage or repair to the Equipment, diminution of the Equipment’s value caused by damage to it or repair to it.
AUD $5.00 charge per day for late return of the Equipment for a maximum of five (5) days after the Term, except in the case of the Autism & Beyond Coaching Australia Private Kids Coaching session where the Owner was proving the Equipment to the Renter is cancelled or postponed (under the standard Autism & Beyond Coaching Australia Private Kids Coaching terms and conditions and cancellation policy) the Renter may organise a day and time to collect at a Autism & Beyond Coaching Australia Private Kids Coaching session or from the Owners residence in Maroochydore no more than 48-hours after the original hire start date.
AUD $55.00 charge for failure of the return of the Equipment by the Renter to the Owner after the initial five (5) day late return period, to be requested by the Owner to the Renter via an invoice to be paid in full via bank transfer. This five (5) day period allows for the Renter to post the Equipment back to the Owner.
The return address for the Renter to post the hire Equipment to the Owner is 4/9 Norman Avenue, Maroochydore, QLD 4558.
3. Location of Equipment.
During the Term, Equipment shall be located at the residence of the Renter, unless expressly agreed otherwise in writing by Owner.
4. Use and Care of Equipment.
Equipment can only be used by the Renter and any children in the care of the Renter residing in the same home. The Equipment can only be used in a careful and proper manner by members of the Renter’s household and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
5. Repair and Alterations.
The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labour, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
6. Restrictions on Use.
Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.
7. Loss or Damage.
Renter shall alert Owner to any damage to the Equipment. Renter shall be required to pay AUD $55.00 for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
8. Condition of Equipment.
The Condition of Equipment Report (“Report”) attached via email is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Report. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Return of Equipment.
Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
Upon return of the hire Equipment the Owner will invite the Renter via email to purchase one or more pairs of a brand new version of the HMC Blue Light Reducing Glasses (unopened in original packaging with cleaning cloth and case) for the remaining retail cost of AUD $50.00. The Renter must indicate via email reply if they choose to request a full refund of the security deposit or the purchase of one (1) or more pairs of brand new glasses.
10. Indemnification and Liability.
Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or wilful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
14. Entire Agreement.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges having read this Agreement and understood the foregoing when sending a hire request email (above) to Primal Influence.