Product Rental Agreement

1. Scope

1.1 The terms set out below shall apply to any contract for the hire of goods (“goods”) between Baby City Limited (the “Owner”) and the consumer hiring the goods (“Hirer”) (the “Agreement”).

1.2 A Hirer will enter into legally binding rental contract by placing a rental order online with babycity.

1.3 This rental agreement is only for any natural person and not for a commercial or business purpose.

1.4 These terms and conditions apply to all rental orders placed in store or online at www.babycity.co.nz

1.5 The use of the goods by Hirer may only be for private and personal use.

1.6 For the purposes of this Agreement, “consumer” means a Hirer who is a “consumer” for the purposes of the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986, and nothing in this Agreement affects, or attempts to exclude in any way, Hirer’s rights under that law.

1.7 It is not intended that this Agreement will be a consumer credit contract or a consumer lease for the purposes of the Credit Contracts and Consumer Finance Act 2003.

1.8 Owner may amend any terms of the Agreement at any time, in its sole discretion, by posting updated Agreement on its website (www.babycity.co.nz).

1.9 Owner may require a rental deposit of up to 3 months' rent before accepting the Rental contract, and Hirer shall pay such rental deposit at the start of the Agreement.

2. OWNER LIABILITY

2.1 The gross liability for all of Owner’s directors, contractors, legal representatives, agents and employees for damages caused by them for whatever reason including negligence is limited to the amount paid under the Rental agreement.

3. HIRE CHARGES & PAYMENTS

3.1 Goods may be hired as agreed to herein, for the hire period chosen by Hirer at the time the goods are hired. 

3.2 Hire periods: “Daily” means 24 hours;  “Weekly” means 7 days; and, “Monthly” means any calendar month. The hire period begins from the time the goods are delivered to Hirer and runs until the goods are returned to Owner at the place of hire.

3.3 The rental period will be automatically extended for another calendar month if Hirer does not advise of their intention to return the goods, at least 2 weeks before the end of the hire period.

3.4 The hire charge is due monthly in advance.

3.5 Hirer shall pay GST inclusive charges advised to Hirer including:

3.5.1 the hire charge for the hire period;
3.5.2 a bond of 150% of the estimated total charges (if requested);
3.5.3 damage waiver or insurance or excess charges (if selected);
3.5.4 delivery/ collection charges (as applicable);
3.5.5 any damage to or loss of the goods not covered by the damage waiver or fair use wear and tear (if applicable);
3.5.6 cleaning fees (if applicable); and
3.5.7 late payment, default and collections charges (if applicable)

3.6 Owner reserves the right to apply payments received in any manner Owner determines.

3.7 Without prejudice to Owner’s other remedies under these Agreement, at law or otherwise, Hirer will pay default interest at the rate of 15% per calendar month on all outstanding amounts from the end of the relevant hire period until all monies have been paid in full.

3.8 Hirer must make all payments due under the Agreement (time being of the essence) without set-off or deduction of any kind.

3.9 Hirer consents to Owner debiting Hirer’s credit card or other payment service for any charges in relation to this Agreement.

4. CONDITION AND QUALITY OF GOODS

4.1 Owner offers both new and refurbished rental items in the online shop. The rental items designated as "new" by Owner in the online shop are new and unused. The rental items marked "refurbished" by Owner in the online shop may have already been rented out before and refurbished.

4.2 Whether marked "new" or "refurbished", images and descriptions are given in general and in good faith, and Owner reserves the right to provide goods with slight difference in appearance which is customary in rental arrangements.

4.3 Hirer must immediately notify Owner of any mechanical defect, breakdown, theft, accident or damage to the goods. Provided that Owner can replace the goods and the hire period is not materially affected, Hirer’s obligations to pay charges and any other sums to Owner shall continue despite any mechanical defect, break down, theft of, or accident or damage caused to the goods.

4.4 Where replacement goods cannot be supplied by Owner and/or the hire period is materially affected, charges payable by Hirer will be adjusted to reflect the reduced hire period.

4.5 Hirer is obliged to treat the goods with care.  Hirer will inform themselves about proper and correct use of the goods. In particular, Hirer must familiarise themselves with the safety instructions and specifications of the manufacturer as well as the instructions for use and assembly, and observe them fully.

4.6 Notwithstanding anything else in the Agreement, where any occurrence of mechanical defect, break down, theft, accident or damage to the goods is a result of the negligent or reckless acts or omissions of Hirer, Owner will be under no obligation to replace the goods and Hirer’s obligations to pay charges and any other sums to Owner shall continue.

5. PRODUCT SERVICE & CARE

5.1 Hirer is entitled to clean the goods, and do so without damage. Hirer is not authorized to make changes of any kind, in particular not to make touch-ups or mechanical repairs, nor remove labels.

5.2 Owner may need to maintain or repair the goods (beyond fair wear and tear) during its intended use by Hirer, which case Hirer will create an online service request, and Owner will complete  any approved repair, free of charge.  Hirer should provide suitable proof of the repair and/or maintenance effort (description and photo of the damaged/defective parts) in any service request. Owner must be able to assess whether and to what extent a service is needed, based on the service request.  Hirer must pay the costs of shipping to/ from Owner.

5.3 Servicing needs due to excessive use, abuse, negligence or intentional damage will be charged to Hirer. 

5.4 In the event of intentional damage or loss of the rented property, Hirer will compensate for the damage or loss incurred.

5.5 Hirer is obliged to inform Owner immediately if the goods were involved in an accident involving a mechanical force or event or has incurred a defect or damage including if parts are missing/ defective/ loose.

5.6 Owner has the right to charge a service fee of $20 for any service request. 

5.7 If Owner agrees to exchange a rented item, then Hirer will return the original goods to Owner immediately.

6. DELIVERY, RETURN OR COLLECTION

6.1 Delivery and removal charges are payable by Hirer and are in addition to hire charges.

6.2 If hired goods are to be removed by Owner, they must be packed up and ready for collection at the pre-arranged time and place with all assistance rendered by Hirer.

6.3 Hirer grants to Owner, or will procure that Owner is granted, an irrevocable right and authority to enter, and for Owner to bring vehicles at any time onto, the place where the goods are to be refurbished or located to deliver or remove goods on expiry or on termination of the Agreement. 

6.4 Cleaning fees will be assessed and charged if Hirer returns goods that Owner deems (in its sole discretion but acting reasonably) to be excessively dirty.   Owner will advise Hirer any cleaning fees as soon as reasonably practicable after Hirer returns the goods.

6.5 Owner will advise Hirer when goods are returned. 

7. RIGHT TO TERMINATE

7.1 Owner may terminate the Agreement by notice with immediate effect if: 

7.1.1 Hirer fails to comply with any term of the Agreement; 

7.1.2 Owner believes on reasonable grounds that hired goods may be at risk for any reason whatsoever, including the manner of use by Hirer; or 

7.1.3 Hirer is unable to pay any charge, cost, or fee in connection with the goods.

7.2 Where Owner terminates the Agreement, Hirer indemnifies Owner against, and shall pay to Owner upon demand, any cost (including legal costs), claim, damage, expense or liability suffered or incurred by Owner arising directly or indirectly from Owner acting to recover any goods hired or monies payable by Hirer. 

7.3 Upon termination of this Agreement, Hirer shall forthwith deliver up all hired goods to Owner and shall pay to Owner:

7.3.1 all hire charges and other moneys due to Owner;

7.3.2 if Owner has terminated the Agreement due to acts or omissions of Hirer or breach by Hirer of the Agreement, and such acts or omissions resulted in Owner not being able to hire the goods out to others, then the balance of all hire charges yet to accrue from the date of termination to the expiry of the term of the Agreement, shall be payable; and

7.3.3 Owner may discount hire charges in such amount as Owner at its sole discretion allows.

7.4 Hirer may terminate the Agreement at any time after the initial rental period (chosen at the time of hiring) provided that 7.3 still applies and:

7.4.1 2 weeks notice of termination is given to Owner; and

7.4.2 an additional charge equivalent to one month’s rental is also payable (along with any other charges due under this Agreement following the return of the item) upon return of the goods.

7.5 Termination of the Agreement by Owner is without prejudice to any rights that Owner may have under this Agreement.

8. ASSIGNMENT

8.1 Hirer shall not assign any of Hirer’s rights or interests under the Agreement to any person, and shall not assign, sublet, charge or part with possession of hired goods or any part of it.

8.2 Owner may at any time assign its rights or interests, or any part thereof, (whether absolutely, or by way of security) or transfer its obligations or any part thereof under the Agreement, to any person. 

9. HIRER’S OBLIGATIONS

9.1 Hirer shall: 

9.1.1 use the goods in a location or manner which is usual or ordinary use; 

9.1.2 not remove, deface or obscure any marks of identification or ownership or registration on hired goods.

9.1.3 comply with any special conditions or exclusions (which may apply to specific goods or the nature or location of Hirer’s intended use of such goods); 

9.1.4 take proper and reasonable care of hired goods (including keeping the goods secure when not in use);

9.1.5 return goods to Owner at the end of the hire period in the same order and condition as at the commencement of the hire (fair wear and tear excepted) and in a reasonably clean state (taking into account the cleanliness of the goods at the outset of the hire period); 

9.1.6 carry any necessary servicing of hired goods, (as may reasonably be required as part of the daily operation of the hired goods, including puncture repair) at Hirer’s own expense;

9.1.7 use hired goods with due regard to all laws and regulations pertaining to the use of such goods; 

9.1.8 notify Owner if the goods are lost, stolen, faulty or damaged and, follow instructions of Owner;

9.1.9unless such loss is covered under clause 11, Hirer will indemnify and pay Owner, for any loss, theft or damage to hired goods:

9.1.9.1 in the case of damage, the full cost to restore the goods to the condition it was in at the time of hire; and 

9.1.9.2 in the case of loss, theft or irreparable damage to the goods, the market value of the goods; 

9.1.9.3 in addition to the costs set out above, any loss of revenue suffered by Owner due to the unavailability of the goods for hire due to loss, theft or damage caused as a result of the negligent or reckless acts or omissions of Hirer.

9.2 Hirer warrants that all persons who use hired goods shall be competent to use the goods, shall only use the goods in the manner designed to be refurbished, and follow any directions from Owner, local authorities, codes of practice and/or the manufacturer of the goods relating to the use and safety of the goods. 

10. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)

10.1 Hirer acknowledges that title to and ownership of hired goods remains with Owner at all times. 

10.2 Hirer agrees that the hire of the goods may, and that the acquisition of the goods does, create a security interest in the goods to secure the full payment of all moneys payable to Owner and the performance by Hirer of all of its other obligations to Owner. If the Agreement (including these Rental  Conditions) constitutes a security interest, this document constitutes a security agreement for the purposes of the PPSA and the provisions of this clause 10 will apply.

10.3 Unless otherwise defined in the Agreement (including these Agreement), all terms in this clause 10 have the meaning given to them in the PPSA and section references are sections to sections of the PPSA.

10.4 On the request of Owner, Hirer shall promptly execute any documents, provide all necessary information and do anything else required by Owner to ensure that the security interest created under the Agreement (including these Agreement) constitutes a perfected security interest in the goods and their proceeds which will have priority over all other security interests in the goods. 

10.5 Owner may allocate any amount received from Hirer in any manner it determines including any manner required to preserve any purchase money security interests in the goods.

11. DAMAGE OR LOSS WAIVER

11.1 Hirer may elect to pay a “damage waiver” fee for goods, at the time of hire, at the rate set. Hirer is not entering into a contract of insurance with Owner by paying the damage waiver fee.

11.2 In the event of theft or vandalism of hired goods, Hirer will provide a replacement rental item for a one-time fee (stated at the time) upon proof of filing a relevant criminal complaint with the Police.

11.3 In the event of any loss, theft or damage to the goods which is covered by the damage waiver, the one-time fee is 25% of the market value of the goods (including GST), and Hirer shall not be liable to Owner for the full value of the hired goods provided that Hirer:

11.3.1 has at all times acted reasonably and with reasonable care;

11.3.2 has promptly advised Owner of the circumstances of loss or damage, along with the advice to Police;

11.3.3 has assisted Owner to recover such loss or damage; and

11.3.4 the damage or loss does not result from:

11.3.4.1 theft or criminal damage where the goods were not reasonably secured;

11.3.4.2 misuse, abuse or overloading or failure to take reasonable care of it;

11.3.4.3 tyres and tubes deflating or punctures, lack of lubrication or other normal servicing of the goods.

11.4 If the damage waiver does not cover or does not apply, Hirer shall pay to Owner:

11.4.1 in the case of loss or irreparable damage, the market value of the goods; and

11.4.2in the case of damage, the full cost of all repairs to restore the goods to the condition it was in at the time of hire.

11.5 If Hirer has agreed not to purchase the damage waiver, then:

11.5.1 Hirer hires the goods at Hirer’s own risk; and

11.5.2 indemnifies Owner against any and all loss in respect of any loss of or damage to the goods.

12. CANCELLATION

You have the right to withdraw from this contract within 7 days, without giving reasons, only if you send the notification of your withdrawal before the 7 days.

12.1 If you withdraw from this contract, we shall reimburse payments received from you (unless there are any additional costs resulting from your cancellation) without undue delay.

12.2 We will use the same means of payment that you refurbished for the original transaction, and we will withhold reimbursement until we have received the goods back.

12.3 You must return the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract.  You will bear the shipping costs of returning the goods.

13. LIMITATION OF LIABILITY, INJURY OR DAMAGE TO HIRER, THIRD PERSON OR PROPERTY

13.1 As a consumer, Hirer is entitled to certain rights and remedies under the Consumer Guarantees Act 1993. For the avoidance of doubt, nothing in this Agreement affects, or attempts to exclude in any way, Hirer’s rights under the Consumer Guarantees Act 1993.

13.2 Other than for claims made under the Consumer Guarantees Act 1993, the maximum aggregate liability of Owner for all claims made by Hirer will not exceed the lesser of the hire charges paid by Hirer to Owner pursuant to the Agreement and three months’ hire charges paid by Hirer to Owner pursuant to the Agreement;

13.3 Unless such loss is covered by the damage waiver clause, Hirer will indemnify Owner against any liability, losses, damages or expenses incurred or suffered by Owner as a result of any claim made by a third person against Owner in respect of any loss or liability arising from the Agreement or arising out of the use of the goods hired or purchased by Hirer.

14. GENERAL

14.1 Notices shall be properly served on a person if delivered by hand or mail or email or messaging service.

14.2 Headings are inserted for convenience and shall not affect the construction of the Agreement. The singular includes the plural and vice versa. Words with initial capitals have the meaning ascribed to them in context or as defined herein. Persons include incorporated and unincorporated entities. Words implying one gender include the others.

14.3 A reference to Owner includes its servants, agents, successors and assigns. The word “including” does not imply limitation.

14.4 If at any time any provision of the Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, that will not affect or impair the legality, validity or enforceability of any other provision of this Agreement.

14.5 Nothing expressed or implied in this Agreement will constitute either party as the partner, agent, employee or officer of, or joint venturer with, the other party.

14.6 This Agreement is governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

15. PRIVACY ACT 1993

15.1 Owner requires personal information and will collect and hold personal information about Hirer, principally for the purpose of evaluating the hire of goods by Hirer. Hirer’s application to hire goods may be declined or the hire terminated if Hirer fails to provide requested personal information. Hirer can access and seek correction of any personal information by contacting Owner. Hirer agrees that its personal information may be refurbished by Owner to advise Hirer of Owner’s other goods and services. Hirer authorises the disclosure of personal information held by any other party regarding any previous hire contracts entered into by Hirer.

15.2 Hirer, and any other person who agrees, when accepting these online terms to hire, authorises Owner:

15.2.1 to collect, enquire, retain and use information about Hirer from any person for the purpose of assessing Hirer’s creditworthiness;

15.2.2 to collect, enquire, retain and use information about Hirer for the purpose of marketing to Hirer; and

15.2.3 to disclose information about Hirer: to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to Hirer’s obligations to Owner; and/or to such persons as may be necessary or desirable to enable Owner to exercise any rights under the Agreement.

April 2025