This document sets out the terms and conditions on which The Sensory Corner Limited (“TSC”) will temporarily loan a Squease Pressure Vest (“Product”) to you.
1. TSC agrees to deliver to you (“you” or “Recipient”), and you agree to hold, the Product on these terms and conditions. As a precondition to delivery of the Product to you, you agree to:
a. complete and provide to us the Application Form annexed to these terms;
b. provide to TSC a bond of $100 (“Bond”); and
c. pay TSC an amount of $50 per week (“Rental”) for the loan of the Product. Rental must be paid to us in advance and at the same time as payment of the Bond.
2. Subject to the below paragraphs, you agree to return the Product to TSC no later than the date stated in the Application Form.
3. Except as set out in paragraph 8, the Product is, and shall at all times remain, the property of TSC. You agree that TSC may at any time request the return of the Product.
4. You must:
a. not sell or otherwise part with possession or control of the Product, unless you have TSC’s prior written consent to do so; and
b. take every reasonable precaution necessary to prevent damage, loss or deterioration to the Product whilst it is in your custody; and
c. ensure that the Product is not modified or altered without TSC’s prior written consent; and
d. notify TSC of any matter adversely affecting the Product.
5. Upon the expiry of the period referred to in paragraph 2, or upon the request of TSC referred to in paragraph 3, you must (at your cost) promptly return the Product to TSC. Upon satisfaction of your obligations under this paragraph 5, but subject to paragraphs 6 and 7, TSC will promptly arrange a refund of the Bond to you
a. prior to the return of the Product to TSC under paragraph 5, you wish to purchase the Product and you notify TSC accordingly; or
b. there is damage, loss or deterioration to the Product, or the Product is modified or altered without TSC’s prior written consent, or the product is not returned to TSC by the return date, or any other event occurs such that, in the reasonable opinion of TSC, the Product is rendered unfit for return to TSC, you must purchase the Product and for that purpose must promptly pay the purchase price of the Product to TSC. The purchase price of the Product will be the retail price as stated on TSC’s website (www.sensorycorner.co.nz).
7. Without limiting TSC’s rights under these terms and conditions to seek full payment of the purchase price from you, if you agree or if you fail to make payment of the purchase price promptly in accordance with paragraph 6, TSC shall be entitled to reduce the amount payable by you by the amount of the Bond and Rental. TSC may then take whatever action it considers necessary to recover any shortfall from you.
8. Upon payment of the purchase price in full:
a. title to the Product shall pass to you; and
b. TSC will refund the Bond (except where the Bond has been applied to the purchase price under paragraph 7); and
c. these terms and conditions will terminate.
9. Please acknowledge and confirm your agreement to the terms and conditions above by signing below and returning this form to us (by email: email@example.com