This Diaper Laundering and Delivery Services Agreement (this “Agreement”) is entered into by and between Client and BabyAuric Inc. (“BabyAuric”). Subject to the terms and conditions of this Agreement, the parties agree as follows:
Services. During the service term, BabyAuric shall provide to Client cloth diaper rental, laundering, and pick-up and delivery services as follows and as otherwise may be detailed in this Agreement. The service term is four consecutive weeks. The Initial Service Date begins on the date that diaper use begins.
Minimum Service Period. Client agrees to a minimum service period of four (4) weeks from the start of service. Please make sure that you are able to commit to the minimum service period before signing-up as there will be no refunds or store credit for the minimum service period once you have received your diapers.
Billing. Automatic Recurring Billing (ARB) Terms: For each four-week term of service, Client shall pay to BabyAuric the service fee as selected by Client during sign-up. Payment for the initial 4 weeks of service is due immediately upon execution of this Agreement and always paid in advance for the upcoming 4 week period. Additional services & products may be added on at any time while you are a current customer. The term automatically renews after 3 weeks of active diaper service & every 4 weeks thereafter. Each payment entitles you to 4 weeks of service. BabyAuric Diaper Service will charge your credit card every 4 weeks until a cancellation request is received.
Holding Unused Items. Client may not hold unused items for a period longer than 2 weeks post-birth. A weekly rental fee of $10 for Basic Service and $20 for Full Service will apply to each week thereafter.
Rental. BabyAuric rents to Client a reusable pail liner on a weekly basis, and reusable cloth diapers on a weekly basis, and for Full Service clients one diaper pail for use throughout the duration of the service term and 20 covers on a weekly basis. All rental items will remain the property of BabyAuric and must be returned to BabyAuric on the last pick-up after cancellation of the services. Any damaged or missing items will be charged as outlined in section “Replacement Fees.” below.
Diaper Counts. Your 1st drop of supplies will include the following, based on your service selection: 1 diaper pail/1 pail liner bag/80 prefolds/ 20 diaper covers/1 diaper covers bag/ 50, 75, or 100 Wipes. From this point forward, BabyAuric will count the dirty supplies picked up & drop that amount the following week, unless otherwise requested.
To ensure your counts are accurate, only place soiled items in your diaper pail liner. Keep all clean items at home.
To ensure that you don’t run short on inventory, please give us at least 4 days to make changes to your delivery.
Order Modification. Client may modify an order (e.g., sizes, quantities, add-on & supplies) by giving four (4) business days’ written notice to BabyAuric prior to delivery.
Missed Pick-Ups. In the event that Client fails to properly leave the soiled diapers out for pick-up, BabyAuric will still leave a clean bundle for Client. For any missed pick-ups, client has the following options:
- Drop their dirties off at the BabyAuric office in Lachine (no additional fee applies for all bags delivered before 9 am, on the day following the Missed Pick-up) 45 Boul St. Joseph, Suite 130 (in back of building) (there is a bin beside our door) Lachine, QC, H8S 2K9
- We will arrange a return pick-up or pick them up the following week and a $15.00 Missed Pick-Up/Stain Cleaning Charge will be applied.
If Client forgets to leave the soiled diapers out a second week in a row, BabyAuric will not leave any diapers and Client must call BabyAuric to schedule an extra pick-up for an additional fee of $15.00 per trip + applicable stain cleaning fees.
BabyAuric’s delivery routes are set up geographically to minimise costs and carbon emissions, so pick-ups need to occur on the assigned day while the driver is in your area. Dirties left for longer than one week develop stains or mold which are beyond repair, even for our intensive process. Our emphasis on cleanliness means that diapers with stains are taken out of circulation, and are consequently a loss for the company.
This policy exists in order to minimise these losses and to avoid increasing our prices.
Proper Diaper Use. Client must only use the BabyAuric rental diapers as provided by this Agreement. Improper use may damage the diaper and require its removal from service. In the event that Client’s improper use of a diaper requires the diaper to be removed from service, Client will be charged the replacement fee as indicated in this Agreement.
Diaper Storage. Client must not store soiled diapers in sealed plastic, in the heat, or in direct sunlight.
Proper Diaper Pail Use. Client shall not include any items other than the cloth diapers, wipes, covers and other rented supplies inside the diaper liners returned to BabyAuric for service. The pail shall not be put outside and cannot be used to do the diaper exchange (only the bag is to be put out for exchange). Client is responsible for any and all damage caused by Other Items to the diapers, the cleaning machines, or any other property or personnel of BabyAuric. BabyAuric is not responsible for loss of or damage to Other Items left by Client in the diaper pail.
Vacation Holds. For your time away, the three main things to consider are:
- we always need to pick-up dirty diapers every week (otherwise, they will stain),
- if we visit to drop clean diapers or to pick up soiled diapers, or if we clean soiled diapers that week, you will be charged
- we cannot change your delivery/pickup day
Therefore, you have a few choices when you leave:
We deliver diapers before you leave and you do not use them until you return (no charge for the weeks we don’t come)
You use them and make sure someone can put them outside on your appointed day. (Charge for that week)
- You drop off your dirties at our offices in lachine before leaving (we have a bin set up for that purpose). (also charge for that week but allows you to use the diapers before leaving)
Your weeks away will be credited on your last subscription charge. If client is going out of town & will miss delivery day, arrangements must be made in advance for BabyAuric to collect soiled diapers. If pick-up and delivery day falls on a holiday, BabyAuric will notify Client in advance of any special holiday delivery schedule.
Cancellation. Client may cancel the service by providing at least two (2) calendar weeks’ written notice of cancellation from the final pick-up. You may cancel anytime after the minimum commitment of 4 weeks has been met. Notice of cancellation must be delivered to BabyAuric by email to firstname.lastname@example.org. On your last pick-up, we’ll take inventory of all items returned and provided that everything is returned, no further charges will be incurred. If items are not returned on your final pick-up, they must be dropped off at our office within 1 week or pay a $15 fee for us to return the following week to pickup. Any unreturned inventory will be charged to your card at prices as detailed in this Agreement. If you wish to keep any items, please notify us and we will charge your account. Client is responsible for any loss, damage, or theft of the diaper pail, cloth diapers, and diaper pail bags.
Replacement Fees. The replacement fee for damaged or unreturned items are as follows: Diaper Pail: $44.50, Cloth Diaper Pail Liner: $15.00, Prefold Cloth diaper: $4.00, Rental Diaper Cover: $11.50, Cloth Wipe: $2.00. Booster: $2.50.
Refunds. BabyAuric does not offer refunds on used goods or prepaid services other than our buy back program as detailed in this agreement. Funds originally directed towards services that will not be used may be put towards goods or a gift certificate. BabyAuric has no obligation to refund any amounts paid by Client.
Buy Back Program. BabyAuric encourages reuse and recycling:
- Pails: If you have purchased a pail and it is no longer required, you may offer to return the pail for a credit of $10 provided the pail is in acceptable condition with no cracks or stains.
- Covers: BabyAuric may purchase used covers that are in good condition. The buyback price will depend on quantity and condition of the covers.
BabyAuric is not obliged to buy back any material, new or used, from Client.
Information Privacy. BabyAuric will only use Client’s information for the purpose of contacting Client concerning the service. Email communication preferences can be changed at anytime by clicking the link at the bottom of every email Client may receive from BabyAuric.
Limitation of Liability. BabyAuric’s liability under this Agreement shall be limited to general money damages in an amount not to exceed the charges paid by Client during the service term(s) during which the event(s) giving rise to liability occurred. The preceding statement of liability shall be the extent of BabyAuric’s liability regardless of the form in which any legal or equitable action may be brought, and the foregoing shall constitute Client’s exclusive remedy. Prior to the Services Start Date, Client must inform BabyAuric of any and all allergies that Client knows or has reason to believe that Client’s baby has. BabyAuric will not be held liable for any adverse reactions that may occur as a result of using any of the products supplied to Client by BabyAuric.
Client Satisfaction. BabyAuric strives to meet the satisfaction of all of its clients. BabyAuric welcomes all comments and questions, and will attempt to remedy any situations brought to our attention. BabyAuric welcomes any inquiries about the washing process, or any of the products for sale or rented by BabyAuric. BabyAuric reserves the right to terminate this Agreement at any time.
Entire Agreement. This Agreement, including any and all Exhibits referred to herein, constitutes the complete, exclusive, and entire agreement between the parties, and may not be modified except in writing signed by both parties.