CPAP Equipment Hire

In these Terms and Conditions, the following words have the meanings set out below:

2.1 These Terms and Conditions apply exclusively to every hire agreement between CPAP World and the Hiree. By completing and submitting a hire sign-up form (including online), or by accepting delivery of the Equipment, the Hiree agrees to be bound by this Agreement.
2.2 No variation of these Terms and Conditions is binding on CPAP World unless agreed to in writing by an authorised representative of CPAP World.
2.3 CPAP World may, at its absolute discretion, refuse to enter into any hire agreement.
2.4 Title and ownership of the Equipment remain vested in CPAP World at all times and do not pass to the Hiree. The Hiree must not sell, sublease, pledge, charge, or otherwise deal with the Equipment as owner.
2.5 This Agreement is governed by the laws of [INSERT STATE], Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state.
2.6 CPAP World may update these Terms and Conditions from time to time by providing written or electronic notice to the Hiree. Updates take effect for all hire agreements entered into after the notice date, and for continuing hire agreements from 30 days after notice is given.

3.1 Hire Fee
The weekly Hire Fee is $16.99 (inclusive of GST). Hire charges commence on the Hire Commencement Date and continue each week until the Equipment is returned to CPAP World in a clean and serviceable condition, subject to the Minimum Term in clause 4.

3.2 Optional ResMed Mask Add-On
If the Hiree selects the ResMed premium mask upgrade, an additional charge of $3.00 per month (inclusive of GST) applies. This is billed monthly by direct debit as a separate transaction to the weekly Hire Fee. The Hiree may add or remove this upgrade by providing written notice to CPAP World, subject to a minimum of 7 days' notice before the next billing cycle.

3.3 Payment Method — Direct Debit Only
All payments under this Agreement must be made by direct debit. CPAP World does not accept payment by cash, cheque, credit card, or any other method. By entering into this Agreement, the Hiree authorises CPAP World (via GoCardless or such other provider as nominated) to debit the Hiree's nominated bank account or card for all amounts owing under this Agreement.

3.4 Failed Payments
GoCardless does not charge customers a dishonour or failed payment fee. However, if a payment fails CPAP World reserves the right to suspend your hire until the outstanding amount is cleared. Please ensure sufficient funds are in your nominated account on each weekly debit date.

If a payment fails, CPAP World reserves the right to:

• Retry the debit on the next business day;
• Suspend the hire agreement and withhold any services (including Specialist Check-Ins) until all outstanding amounts are paid;
• Terminate this Agreement and repossess the Equipment in accordance with clause 11;
• Refer the outstanding debt to a collection agency and charge the Hiree for all reasonable
  recovery costs.

3.5 GST
All prices stated in this Agreement are inclusive of GST unless otherwise stated. If any additional taxes, duties or levies are imposed by law on the supply of the Equipment or services, these will be passed on to the Hiree.

3.6 Purchase Option
If the Hiree wishes to purchase the Equipment at the end of the hire period, a purchase price will be quoted on request. CPAP World will credit a portion of hire fees paid toward the purchase price at its discretion.

4.1 The Minimum Term is 6 months from the Hire Commencement Date. There is no maximum hire period.
4.2 After the Minimum Term, the hire continues on a week-to-week basis until terminated by either party in accordance with this Agreement.
4.3 Early Termination by Hiree — If the Hiree wishes to return the Equipment or cancel the hire agreement before the expiry of the Minimum Term:

• All remaining weekly Hire Fee payments for the balance of the Minimum Term will
  become immediately due and payable as a lump sum;
• The lump sum will be debited via GoCardless as a single additional payment;
• The Hiree remains responsible for return of the Equipment in accordance with clause 6 before any cancellation takes effect.

4.4 For example: if the Hiree cancels after 3 months (13 weeks), the remaining 13 weeks of Hire Fees (13 x $16.99 = $220.87) are payable immediately.
4.5 By signing or electronically accepting this Agreement, the Hiree expressly agrees to this early termination clause.
4.6 To cancel after the Minimum Term, the Hiree must provide CPAP World with written notice and arrange return of all Equipment. Hire charges continue to accrue until the Equipment is received by CPAP World.

The following services are included in the Hire Fee at no additional cost:

5.1 Monthly Specialist Check-Ins
Each calendar month during the hire period, a CPAP World-appointed CPAP specialist will conduct a review of the Hiree's therapy. This includes a review of usage data (e.g. hours used, apnoea-hypopnoea index (AHI), leak rate), assessment of mask fit, and adjustment of device settings where required. Check-ins will be conducted by appointment, either in person, via phone, or via telehealth at CPAP World's discretion.
CPAP World will make reasonable endeavours to schedule check-ins on a monthly basis. CPAP World is not liable for delays caused by the Hiree's failure to attend or respond to appointment requests.

5.2 Annual Mask Replacement
CPAP World will provide one replacement mask per year of continuous hire at no additional cost. The replacement will be the same mask type as originally selected (Standard BMC or ResMed upgrade, as applicable). The Hiree must return the old mask to CPAP World prior to or upon receipt of the replacement.
Replacement masks are provided on the basis of normal wear and tear only. Masks that have been damaged through misuse, negligence, or failure to follow care instructions will not be replaced under this provision and will be charged to the Hiree at the current retail price.
CPAP World | ABN: 12 650 742 064 | www.cpapworld.com.au | Page 4 of 10 CPAP Hire Terms & Conditions

5.3 Equipment Setup
CPAP World will supply the Equipment with setup instructions and initial configuration. The Hiree is responsible for following the instructions provided and contacting CPAP World if they require further assistance.

6.1 Standard Equipment
The standard hire package includes a CPAP machine and a BMC mask in the Hiree's selected style (Full Face, Nasal, or Nasal Pillow). BMC masks are supplied in all sizes (Small, Medium, Large) and the appropriate size will be confirmed with the Hiree at setup.

6.2 ResMed Mask Upgrade
The Hiree may opt for a ResMed AirFit premium mask in place of the standard BMC mask for an additional $3.00 per month. The specific ResMed model will be selected by the Hiree at signup. ResMed masks are available in Full Face, Nasal, and Nasal Pillow styles. Availability of specific models and sizes is subject to stock and may vary.

6.3 Equipment Condition
All Equipment supplied by CPAP World is serviced, cleaned, and hygiene-checked prior to dispatch. The Hiree must inspect the Equipment upon receipt and notify CPAP World within 48 hours of any damage, missing items, or defects. Failure to notify within this period will be taken as acceptance of the Equipment in good condition.

6.4 Equipment Return
Upon conclusion of the hire (whether at the end of the Minimum Term or at any time after), the Hiree is responsible for:
• Returning all Equipment (CPAP machine, power supply, tubing, humidifier if supplied, and any other items) to CPAP World;
• Paying all return postage and shipping costs;
• Ensuring the Equipment is securely packaged to prevent damage in transit;
• Obtaining proof of postage or tracking information.
CPAP World accepts no responsibility for Equipment lost or damaged in transit when returned by the Hiree. The Hiree remains financially responsible for any Equipment not returned or returned in a damaged or incomplete condition.

7.1 As a condition of hire, the Hiree must provide CPAP World with a copy of a current, valid, government-issued photo identification document. Acceptable forms of ID include: CPAP World | ABN: 12 650 742 064 | www.cpapworld.com.au | Page 5 of 10
CPAP Hire Terms & Conditions
• Australian Driver's Licence (front and back); or
• Australian Passport (photo page).
7.2 The ID must be provided at the time of sign-up, prior to dispatch of the Equipment. CPAP World will not dispatch Equipment until identity has been verified.
7.3 The Hiree's identification document is collected for the sole purpose of verifying identity in connection with this hire agreement and protecting CPAP World's equipment assets. It will be stored securely and handled in accordance with CPAP World's Privacy Policy and the Privacy Act 1988 (Cth).
7.4 CPAP World will not share the Hiree's identification document with any third party except as required by law or in connection with the enforcement of this Agreement (e.g. debt recovery
or law enforcement).

The Hiree agrees to:

• Use the Equipment only for its intended medical purpose (CPAP/APAP therapy) and in accordance with all instructions and guidelines provided;
• Not allow any person other than the Hiree to use the Equipment, unless expressly authorised by CPAP World in writing;
• Keep the Equipment in a safe, clean, and serviceable condition at all times;
  
• Notify CPAP World promptly of any malfunction, breakdown, or damage to the Equipment;
• Not attempt to repair, modify, or tamper with the Equipment without prior written consent from CPAP World;
• Not use the Equipment in any way that would void any warranty, damage the Equipment, or endanger any person;
• Ensure sufficient funds are available in the nominated account for all direct debit payments;
• Notify CPAP World in writing of any change to the Hiree's contact details, address, or direct debit account within 7 days of the change;
• Attend or respond to all scheduled monthly Specialist Check-In appointments in a timely manner;
• Return the Equipment promptly at the end of the hire period in accordance with clause 6.4.
  
  

9.1 Risk in the Equipment passes to the Hiree upon dispatch from CPAP World's premises or from the date the Hiree takes possession of the Equipment, whichever is earlier.
9.2 The Hiree is fully responsible for the care, safekeeping, and return of the Equipment in good working order from the time it is received until it is confirmed as received back by CPAP World. CPAP World | ABN: 12 650 742 064 | www.cpapworld.com.au | Page 6 of 10 CPAP Hire Terms & Conditions
9.3 The Hiree assumes all risk and liability for any loss, theft, damage, or injury arising out of the use or possession of the Equipment during the hire period.
9.4 CPAP World strongly recommends that the Hiree insure the Equipment against loss, theft, and accidental damage for the replacement value of the Equipment for the duration of the hire period. Replacement cost of a CPAP machine is typically $800–$2,500 depending on model. The Hiree's home and contents insurance may provide suitable cover — the Hiree should confirm this with their insurer.
9.5 If the Equipment is lost, stolen, or damaged beyond reasonable repair during the hire period, the Hiree is liable to CPAP World for the full replacement cost of the Equipment at current retail prices, regardless of whether the Hiree holds insurance.

10.1 The Hiree must keep the Equipment clean and in a safe, serviceable condition in accordance with the care instructions provided by CPAP World.
10.2 Any fault, breakdown, or unsatisfactory performance of the Equipment must be reported to CPAP World immediately. Do not continue to use faulty Equipment.
10.3 The Hiree must not repair, attempt to repair, or arrange for any third party to repair the Equipment without CPAP World's prior written consent.
10.4 CPAP World will, at its discretion, repair or replace Equipment that fails due to normal wear and tear or manufacturing defect. Replacement or repaired equipment will be dispatched once the faulty unit has been received and assessed by CPAP World.
10.5 Damage caused by misuse, negligence, improper cleaning, use with non-approved accessories, or failure to follow operating instructions will not be covered under this provision and will be charged to the Hiree at cost.

11.1 The Hiree is responsible for all costs associated with delivery of the Equipment to the Hiree's nominated address, including freight and insurance during transit from CPAP World.
11.2 Any delivery date provided by CPAP World is an estimate only. CPAP World will use reasonable endeavours todispatch Equipment promptly but accepts no liability for delays caused by third-party carriers or circumstances beyond CPAP World's control.
11.3 Hire charges commence on the dispatch date regardless of any delay in delivery by the courier.
11.4 If the Hiree is unavailable to accept delivery and the Equipment is returned to CPAP World, a re-delivery fee may apply.
11.5 Risk in the Equipment passes to the Hiree upon dispatch from CPAP World's premises in accordance with clause 9.1.

12.1 CPAP World may terminate this Agreement immediately by written notice to the Hiree if:
• The Hiree fails to make any payment when due and does not remedy the failure within 7 days of written notice from CPAP World;
• The Hiree breaches any other provision of this Agreement and fails to remedy that breach within 14 days of written notice;
• The Hiree becomes insolvent, bankrupt, or enters into any arrangement with creditors;
• The Equipment is at risk of loss, damage, or misuse in CPAP World's reasonable opinion;
• The Hiree provides false or misleading information in connection with the hire application.
12.2 Upon termination, all amounts owing under this Agreement (including any remaining Minimum Term payments) become immediately due and payable.
12.3 The Hiree hereby authorises CPAP World and its agents to enter any premises where CPAP World reasonably believes the Equipment to be located in order to inspect, recover, or repossess the Equipment. CPAP World will provide reasonable notice prior to repossession where practicable.
12.4 CPAP World may also report non-return of Equipment to the relevant authorities as theft.

13.1 Cancellation Before Dispatch — If the Hiree cancels an order before the Equipment has been dispatched:
• More than 72 hours before dispatch: full refund of any pre-paid amounts;
• Less than 72 hours before dispatch: no refund on hire fees; delivery fees refunded in full.
13.2 Cancellation After Dispatch — Once the Equipment has been dispatched, the Minimum Term applies and early termination charges in clause 4.3 apply.
13.3 All cancellation requests must be made in writing (email is acceptable) to CPAP World's nominated contact address.
13.4 The hire agreement is not cancelled until all Equipment has been received back by CPAP World and all outstanding amounts have been paid in full.

14.1 To the maximum extent permitted by law, CPAP World's liability to the Hiree for any loss or damage arising from or in connection with this Agreement is limited to the total Hire Fees paid by the Hiree in the 3 months preceding the event giving rise to the claim.
14.2 CPAP World is not liable for any consequential, indirect, or special loss or damage, including loss of income, loss of sleep quality, personal injury, or any other indirect loss, howsoever arising. CPAP World | ABN: 12 650 742 064 | www.cpapworld.com.au | Page 8 of 10 CPAP Hire Terms & Conditions
14.3 CPAP World does not provide medical advice. The Equipment is supplied as an aid to CPAP therapy under the direction of the Hiree's treating medical practitioner or sleep specialist. CPAP World's Specialist Check-Ins are for therapy support purposes only and do not constitute medical advice or replace the Hiree's relationship with their doctor.
14.4 Nothing in this Agreement excludes, restricts, or modifies any right or remedy the Hiree may have under the ACL that cannot be excluded, restricted, or modified by agreement.
14.5 If the Hiree is a consumer under the ACL, the Equipment comes with guarantees that cannot be excluded. For major failures, the Hiree is entitled to a replacement or refund, and to compensation for any reasonably foreseeable loss or damage.

15.1 CPAP World collects the Hiree's personal information (including name, address, date of birth, contact details, payment details, and identification documents) for the purposes of:
• Processing and managing the hire agreement;
• Verifying the Hiree's identity;
• Processing direct debit payments via GoCardless;
• Conducting monthly Specialist Check-Ins and providing ongoing support;
• Complying with legal obligations.
15.2 CPAP World handles all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
15.3 CPAP World may share personal information with third-party service providers (such as GoCardless for payment processing or couriers for delivery) where necessary to perform this Agreement. CPAP World does not sell or share personal information for marketing purposes.
15.4 The Hiree may request access to, or correction of, their personal information by contacting CPAP World at info@cpapworld.com.au.
15.5 CPAP World's full Privacy Policy is available at https://cpapworld.com.au/pages/privacy-policy.

16.1 Entire Agreement — This Agreement constitutes the entire agreement between CPAP World and the Hiree with respect to the hire of Equipment and supersedes all prior agreements, representations, and understandings.
16.2 Severability — If any provision of this Agreement is found to be invalid, unenforceable, or illegal, that provision will be severed from the Agreement and the remaining provisions will continue in full force and effect.
16.3 Waiver — CPAP World's failure to enforce any provision of this Agreement at any time does not constitute a waiver of that provision or of CPAP World's right to enforce it in the future.
16.4 Notices — Any notice under this Agreement must be in writing and may be given by email, post, or hand delivery to the last known address of the recipient. Notices sent by email are deemed received on the date of successful transmission. Notices sent by post are deemed received 3 business days after posting.
16.5 Assignment — The Hiree may not assign or transfer any rights or obligations under this Agreement without CPAP World's prior written consent. CPAP World may assign this Agreement without the Hiree's consent.
16.6 Force Majeure — CPAP World will not be liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, acts of government, or supply chain disruptions.

By signing or electronically accepting this Agreement, the Hiree confirms that they:

• Have read and understood these Terms and Conditions in full;
• Agree to the 6-month Minimum Term and the early termination payment obligations in clause 4;
• Authorise CPAP World (via GoCardless) to debit their nominated account for all amounts owing under this Agreement;
• Acknowledge that direct debit is the only accepted payment method;
• Have provided a true and accurate copy of their government-issued photo ID;
• Understand that the Equipment remains the property of CPAP World at all times;
• Accept full responsibility for the care and return of the Equipment.