Sunnybank Hills Toy Library

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A Library of Imagination for kids 6 months – 8 years.

Before you complete this form be sure that you can tick “yes” to this question.

         Are you over 18 years of age?

Please read the Conditions of Borrowing below and sign and date page 2.

 Conditions of Borrowing  as at 01/01/08

“Owner” means Sunnybank Hills Toy Library.

“Borrower” means Borrower or Borrower’s Representative.

“Equipment” means any items provided by the owner to the borrower.

 1.        Prices for the loan of equipment are in the current Price List. This will be varied from time to time.

 2.        The Borrower is responsible for the selection of suitable equipment for the age and skill level of the proposed user. The Borrower shall

 ensure that the equipment is used in a safe and correct manner, in accordance with the instructions and/or age range, and under competent

supervision.

 3.        The Borrower hereby indemnifies the Sunnybank Hills Toy Library, its owners, servants and Agents against claims made against the

owner for any injury or loss resulting from the use or misuse of equipment provided to the Borrower by the Owner.

 4.        The Borrower shall pay a 25% or $20 deposit whichever is the greater, for the reservation of items whether singular, multiple for the

same date or Party Packs. Where reservation of item/s for the same date or a Party Pack is cancelled 14 days but not less than 7 days prior

to delivery or pick up the Borrower shall forfeit 50% of the deposit held.

·         Where reservation of item/s for the same date or a Party Pack is cancelled 7 days or less prior to delivery or pick up the Borrower

        shall forfeit 100% of the deposit held.

·         Where one or more items of a Party Pack or multiple item reservation is cancelled 14 days but not less than 7 days prior to

        delivery or pick up the Borrower shall bear the cost of 50% of the rate for the item.

·         Where one or more items of a Party Pack or multiple item reservation for the same date is cancelled 7 days or less prior to

        delivery or pick up the Borrower shall bear the cost of 100% of the rate for the item.

·         The Owner reserves the right to substitute a similar item for a reserved item should a reserved item not be available for any reason

        on the reservation date.

·         Where a reserved item/s, for the same date or a Party Pack, and a substitute is not available or the item, multiple items or Party

        Pack is not delivered the Owner shall refund the deposit or the amount paid for the item/s or Party Pack in full. This shall be the

        Owner’s sole liability for the inability to supply or failure to deliver any item/s or Party Pack.

 5.        Where the Borrower requests delivery of equipment by the Owner Servants and/or Agents the Borrower shall provide safe access.

The Borrower shall comply with the relevant statutory requirements including the requirement to tether or place in an enclosure any dog.

Deliveries will not be made to properties where this statutory requirement is not complied with and the Borrower shall pay the value of the

 delivery as though the equipment had been delivered and used for the period. No refunds or credit will be given where the Borrower fails to

 comply with this statutory requirement.

 6.        The Borrower shall check the equipment supplied and/or delivered against the invoice and list of components and the Borrower or

Borrower’s Representative shall sign acceptance of the supply docket. The invoice and list of components shall be conclusive evidence of

the quantity of equipment provided and that the equipment was complete and in sound condition at the time of supply.

 7.        The Owner may require a Security Deposit on some or all items of equipment. The requirement and amount of the Security Deposit

shall be at the sole and absolute discretion of the Owner.

 8.        The equipment shall be deemed to have been in the possession of the Borrower between the time of supply shown on the invoice and

the time of return recorded on the duplicate invoice. Borrowing charges shall continue at the Weekly Rate or part thereof as per the Price

List from the due date of return until the actual date of return.

 9.        Any equipment lost or damaged during the loan period is to be replaced by the Borrower or the Owner reimbursed the current full

replacement value of the same or similar equipment should a new replacement be unavailable reasonable wear and tear excepted. Any pieces

missing from equipment returned shall be replaced at the Borrower’s cost. In the event that replacement parts are unavailable the Owner

may charge a cost, which represents the loss in value to the Owner, or the replacement cost of the same or equal equipment where the lost

pieces materially affect the operation or use of the equipment. The assessment of any item shall be at the sole and absolute discretion of the

Owner.

 10.     The Borrower will not sell, assume, mortgage, pledge, underlet, lend or otherwise deal with any of the equipment or part with

possession of any part of it without the Owners’ written consent.

 11.     The equipment will be supplied to and/or for use at the site specified by the Borrower as noted in the Borrower’s membership

details. The equipment shall not, without the written consent of the Owner, be transferred to any other site.

 12.     Default by the Borrower in punctual payment of any monies due hereunder, or failure to observe or perform any term or condition

shall at the option of the Owner determine the loan and it shall be lawful to the Owner to take possession of its equipment and for that

purpose to enter upon premises where the equipment is which shall not affect the right of the Owner to recover any monies payable or

damages for breach of these conditions.

 13.     The Borrower will indemnify and keep the Owner indemnified against all costs and expenses however incurred by the Owner arising

from recovery of the equipment.

 14.     The Borrower expressly agrees to accept liability for all costs incurred by the Owner in recovery of unpaid monies due hereunder

including all Administration charges imposed by the Owner and all such costs shall become a debt due and payable by the Borrower to the

Owner.

 15.     The Borrower expressly agrees that the Owner may at any time seek consumer credit information about the Borrower and any other

party listed on this Application.

 16.     The Borrower acknowledges and expressly approves the Owner providing personal consumer credit information to credit reporting agencies and to debt management agencies.

 17.     The Owner reserves the right to amend these Conditions of Borrowing. A copy of the revised Conditions of Borrowing will be issued

to the Borrower. The use of the service provided by the Owner after the issue of the amended Conditions of Borrowing, by the Borrower

constitutes acceptance of any amendments to the Conditions of Borrowing.

 IMPORTANT. By signing below, I acknowledge that I have been issued with, read and understood the “Conditions of Borrowing”. I

declare that the details I have given are true and complete and I agree to comply with the “Conditions of Borrowing”.

              Your Signature                 

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Last modified: Sunday, 27. January 2008