1. About these Terms
1.1 These Rental Terms & Conditions apply when Thrive Lifecare Pty Ltd (ABN 85 645 776 352), referred to as Thrive, we, us or our, rents Equipment or provides related Services to the Customer.
1.2 These terms apply with any quote, invoice, rental agreement, service agreement, delivery docket, email confirmation or other rental document issued by Thrive.
1.3 If there is any inconsistency between these Terms and a quote, invoice or rental agreement, the specific details relating to the Equipment, Hire Period, Rental Fees, delivery charges, collection charges or other stated fees will prevail to the extent of the inconsistency. These Terms otherwise continue to apply.
1.4 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable laws. To the extent permitted by law, Thrive's liability for any claim relating to Equipment or Services is limited to the repair, replacement or resupply of the Equipment or Services. Thrive is not liable for indirect, consequential or economic loss arising from misuse, unauthorised modification, failure to follow instructions, unsafe environments, use outside intended specifications or use by persons without appropriate instruction.
2. Definitions
ACL means the Australian Consumer Law. Customer means the person, organisation, facility, funder, plan manager, participant representative or authorised person named on the quote, invoice or rental agreement.
Equipment means the rented item(s) and supplied accessories. Hire Period means the period commencing when the Equipment is delivered, collected by the Customer or otherwise made available, and ending when the Equipment is returned, collected by Thrive, or Thrive confirms in writing that the rental has ended. Minimum Hire Period means the stated minimum period, or two weeks if unstated. Rental Fees means the stated rental charges, including any applicable GST. Services means related delivery, collection, setup, maintenance, cleaning, assessment, repair or other services. Thrive means Thrive Lifecare Pty Ltd unless the context requires otherwise.
3. Formation of the Rental Agreement
3.1 A rental agreement is formed when you accept a quote, approve rental by email, phone, written instruction or purchase order, take possession of the Equipment, the Equipment is delivered or made available, or Thrive starts supplying Equipment or Services at your request.
3.2 By accepting the Equipment, you agree to these terms.
3.3 You warrant that you are authorised to enter into the rental agreement and, where relevant, act for the person using the Equipment, their estate, a facility, package provider, plan manager, insurer, funder or other responsible party.
3.4 You as the Customer authorise Thrive to collect, use and disclose information reasonably required to provide Equipment and Services, arrange funding approvals, liaise with therapists, facilities, plan managers, package providers, funders and authorised representatives, manage accounts and collections, and comply with legal obligations. Thrive will take reasonable steps to limit this to what is necessary.
4. Rental Period and Minimum Hire
4.1 The Hire Period starts when the Equipment is delivered, collected or made available to you.
4.2 The Minimum Hire Period is the period stated on the quote or invoice. If no period is stated, the Minimum Hire Period is two weeks.
4.3 Rental Fees are payable for the full Minimum Hire Period, even if the Equipment is returned early, unless otherwise agreed by Thrive or required by law.
4.4 After the Minimum Hire Period, rental continues until Thrive confirm cessation of the rental, or the agreement is terminated.
5. Extension and Rollover of Rental
5.1 If the Equipment is not returned at the end of the agreed Hire Period, the rental will continue and further Rental Fees will apply.
6. Rental Fees, Payment and Invoicing
6.1 You must pay the Rental Fees, delivery fees, collection fees, installation fees, cleaning fees, repair charges and any other agreed charges stated on the quote, invoice or rental agreement.
6.2 For approved account customers, invoices must be paid within the payment terms stated on the invoice or account agreement.
6.3 Where rental is funded by a package manager, plan manager, insurer, facility, government program or other third party, you remain responsible for payment unless Thrive has expressly agreed in writing to bill and rely on that third party for payment.
6.4 If payment is overdue, Thrive may suspend supply, require payment before further supply and reasonable debt recovery costs, and exercise its rights under clause 14.
6.5 The Customer must pay all undisputed amounts when due. If the Customer disputes an invoice or charge, the Customer must notify Thrive promptly and the parties will work in good faith to resolve the dispute.
7. Ownership of Equipment
7.1 The Equipment remains property of Thrive at all times. No ownership rights pass to the Customer.
7.2 The Customer must not sell, transfer, mortgage, encumber, sub-hire, pledge, dispose of or otherwise deal with the Equipment.
8. Delivery, Collection and Access
8.1 Delivery and collection fees may apply and will be stated where known.
8.2 You must ensure safe, reasonable and clear access for delivery, setup, inspection, repair and collection.
8.3 You must notify Thrive of access, infection control, behavioural, environmental or other safety risks before delivery or collection.
8.4 If Thrive cannot safely complete delivery or collection due to access, safety or other site issues, additional fees may apply.
8.5 If you are not available at the agreed delivery or collection time, a failed attendance fee may apply.
8.6 The Customer must notify Thrive before Equipment is relocated to another address, facility or residence. Thrive may refuse relocation where safe transport, setup installation, access, serviceability, therapist requirements, funding requirements or safe operation cannot be assured.
8.7 Thrive is not liable for delays or failure to provide Equipment or Services due to events beyond its reasonable control, including supplier shortages, freight delays, natural disasters, industrial action, government restrictions, utility outages, telecommunications outages, access issues or similar events outside Thrive’s reasonable control.
9. Installation and Setup
9.1 Thrive may install or set up certain Equipment where this has been agreed or is required for safe use.
9.2 You must not alter, modify, dismantle or reinstall Equipment after setup unless Thrive permits this or the Equipment is designed for that use.
9.3 Any installation instructions, safety advice or operating instructions provided by Thrive must be followed.
9.4 Thrive may take photographs of Equipment before delivery, during servicing, inspection, repair, and upon collection where reasonably necessary to record its condition and document any damage, contamination, missing components, installation details, access issues, or safety concerns. Such photographs may be retained as evidence for operational, compliance, insurance, or dispute resolution purposes. Thrive will take reasonable steps to avoid photographing people or unnecessary personal information.
10. Use of Equipment
10.1 The Customer must use the Equipment safely, only for its intended purpose, ensure users are appropriately instructed, and take reasonable steps to protect the Equipment from loss, damage, contamination and misuse.
10.2 You must not misuse, neglect, damage, unlawfully use, modify, repair, relabel, sell, lend, move without notice, allow unsafe use of, or otherwise improperly deal with the Equipment.
11. Customer Responsibility and Risk
11.1 Risk in the Equipment passes to you when the Equipment is delivered, collected or otherwise made available to you.
11.2 The Customer is responsible for loss, theft, damage, misuse, contamination or non-return of the Equipment during the Hire Period to the extent caused or contributed to by the Customer, its representatives, users or visitors, except where caused by Thrive or otherwise required by law.
11.3 Where the Equipment is damaged, lost, stolen, contaminated, incomplete, not returned, or returned beyond fair wear and tear, Thrive may recover its reasonable and properly incurred costs of repair, replacement, cleaning, disposal or restoration.
11.4 You must notify Thrive immediately if the Equipment is lost, stolen, damaged, unsafe, contaminated or not operating correctly.
12. Cleaning, Hygiene and Contamination
12.1 Equipment must be returned in a reasonably clean condition.
12.2 The Customer must notify Thrive if Equipment has been exposed to contamination requiring additional cleaning, sanitisation, disposal or safety precautions prior to collection.
12.3 Thrive may charge a reasonable cleaning, sanitisation, disposal or handling fee where Equipment is returned in a condition requiring additional cleaning or infection control measures beyond normal cleaning.
12.4 Thrive may refuse to collect or physically handle Equipment where doing so would create an unacceptable health or safety risk, until suitable arrangements are made.
13. End of Rental Following Death
13.1 If the participant dies during the Hire Period, rental charges cease from the date of death once Thrive is notified. Thrive will allow a reasonable period for family members, representatives, care facilities, package providers, plan managers, funders or other authorised representatives to arrange return of the Equipment and may communicate with those parties as reasonably required to facilitate collection.
14. Termination and Recovery of Equipment
14.1 Thrive may terminate this Agreement where payment is overdue, the Customer breaches these Terms, the Equipment is at risk of loss, damage or misuse, or where servicing, safety, regulatory or compliance requirements reasonably require it.
14.2 Upon expiry or termination of this Agreement, the Customer must promptly return the Equipment or make it available for collection by Thrive.
14.3 The Customer authorises Thrive, its employees, contractors and agents, to access the location of the Equipment at reasonable times for the purpose of inspecting, recovering or collecting the Equipment.
15. Governing Law
These Terms and any rental agreement are governed by the laws of Tasmania, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania.