Loan Terms
These Loan Unit Terms apply when Termatrac Pty Ltd ACN 625 513 573 (Termatrac, we, our or us) lends a Termatrac device (Loan Unit) to an iTCare Member (Member, you or your) while the Member's own device is with Termatrac for calibration or repair.
These Loan Unit Terms should be read together with the iTCare General Terms and Conditions, in particular clauses 3.2, 4.11, 6.10 and 6.11. If there is an inconsistency, these Loan Unit Terms apply to the Loan Unit and the General Terms apply to all other matters.
1. WHO CAN REQUEST A LOAN UNIT
1.1. Eligibility. A Loan Unit may be requested by an approved company that holds an active iTCare Silver membership (including a Silver membership in its payment grace period).
1.2. Regions. Loan Units are currently available to Members in Australia and New Zealand only. Termatrac may extend the service to other regions and will say so in the member portal.
1.3. Service case required. A request must relate to one of the Member's registered devices that has an open calibration booking with Termatrac, or an open repair case that Termatrac has approved, unless Termatrac agrees otherwise in writing.
1.4. One Loan Unit per service case. Only one Loan Unit may be requested for each calibration booking or repair case.
1.5. Subject to availability and approval. A request is not a guarantee. Loan Units are subject to availability and to Termatrac's approval, and Termatrac may decline or close a request, giving its reason.
2. DISPATCH AND RETURN DATE
2.1. Shipping to you. Termatrac pays the cost of shipping the Loan Unit to the Member's address in Australia or New Zealand, and will give the courier and tracking details when it ships.
2.2. Return due date. Termatrac sets the return due date when it prepares the Loan Unit, based on the expected service timeline of the Member's own device, and tells the Member the date in writing before or when the Loan Unit ships. Termatrac may change the date if the service timeline changes, and will tell the Member the new date in writing.
2.3. Reminders. Termatrac will normally send a reminder 2 days before the return due date and, if the Loan Unit has not been returned, a further reminder 2 days after it. Reminders are a courtesy; the Member remains responsible for returning the Loan Unit on time.
2.4. Returning the Loan Unit. The Member must return the Loan Unit, with all accessories, cases and documents supplied with it, by the return due date using the return satchel or return instructions supplied by Termatrac. If the Member uses another method, the Member pays for it and is responsible for the Loan Unit until Termatrac receives it.
3. OWNERSHIP AND CARE
3.1. Termatrac property. The Loan Unit remains the property of Termatrac or its authorised provider at all times. The Member must not sell, lend, hire out, pledge, modify, open, repair or remove identifying labels or serial numbers from the Loan Unit.
3.2. Use. The Loan Unit may be used only by the Member's trained personnel, for the Member's normal inspection work, in the country it was shipped to, and in accordance with the device instructions.
3.3. Care. The Member must keep the Loan Unit secure and reasonably protected from damage, as set out in clause 3.2 of the General Terms, and must tell Termatrac promptly if it is lost, stolen, damaged or not working properly.
3.4. Data. The Member should remove any inspection data or images from the Loan Unit before returning it. Termatrac may erase any data left on a returned Loan Unit and is not responsible for it.
4. LOSS, DAMAGE AND LATE RETURN
4.1. Responsibility. From delivery until Termatrac receives it back, the Member is responsible for loss, theft and damage to the Loan Unit, other than fair wear and tear from normal use, as set out in clause 4.11 of the General Terms.
4.2. Inspection. Termatrac will inspect the Loan Unit when it is returned. If Termatrac finds damage beyond fair wear and tear, or missing accessories, it will tell the Member in writing what it found before charging anything.
4.3. Charges. Termatrac may charge the Member the reasonable cost of repairing the Loan Unit or replacing missing accessories or, if the Loan Unit is lost, stolen or not economical to repair, its reasonable replacement value. Termatrac will provide an invoice setting out the amount and how it was worked out.
4.4. Late return. If the Loan Unit is not returned by the agreed return date (the return due date under clause 2.2, or any later date Termatrac has agreed in writing), Termatrac will contact the Member to arrange its return. If the Loan Unit has not been returned within 30 days after the agreed return date, it is treated as lost and Termatrac may charge under clause 4.3. An overdue Loan Unit may also be treated as an overdue amount under clauses 6.10 and 6.11 of the General Terms.
4.5. Customs and duties. Any customs charges, duties or taxes arising from the Member's handling of the Loan Unit outside the country it was shipped to are the Member's responsibility.
5. GENERAL
5.1. Acceptance. The Member accepts these Loan Unit Terms by ticking the acceptance box when requesting a Loan Unit in the member portal. Termatrac records the version accepted, the time and the details described in its Privacy Policy.
5.2. Changes. Termatrac may update these Loan Unit Terms. The version accepted with a request applies to that loan.
5.3. Liability and the Australian Consumer Law. Clauses 7.5 to 7.7 of the General Terms apply to Loan Units. Nothing in these Loan Unit Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
5.4. Governing law. These Loan Unit Terms are governed by the laws of Queensland, Australia, as set out in clause 8 of the General Terms.
CONTACT DETAILS
Termatrac Pty Ltd
Unit 26 / 20-22 Ellerslie Road, Meadowbrook QLD 4131, Australia
Email: support@termatrac.com
Website: www.termatrac.com