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RENTAL TERMS AND CONDITIONS OF HIRE

1. DEFINITIONS AND INTERPRETATION

1.1 "Owner" means TMG Test Equipment (TMG).

1.2 "Customer" means the person, firm, or corporation hiring the Equipment from the Owner.

1.3 "Equipment" means all internal combustion engines, electronic instruments, accessories, and tools supplied to the Customer.

2. HIRE PERIOD AND CHARGES

2.1 The Hire Period commences from the time the Equipment leaves the Owner’s premises and continues until the Equipment is returned to the Owner’s possession.

2.2 Hire charges are calculated on a daily basis unless otherwise agreed in writing.

2.3 The Owner reserves the right to charge for additional days if the Equipment is not returned by the agreed time and date.

3. DELIVERY AND RETURN

3.1 The Customer is responsible for all freight, handling, and insurance costs associated with the delivery and return of the Equipment.

3.2 Equipment must be returned in the original transit cases, clean, and in the same condition as received.

3.3 Failure to return all accessories (cables, adapters, manuals, etc.) will result in the Customer being invoiced for the full retail replacement cost of the missing items.

4. EQUIPMENT CONDITION AND CALIBRATION

4.1 The Owner warrants that the Equipment is supplied in good working order and, where applicable, with a current NATA-traceable calibration certificate.

4.2 The Customer must notify the Owner of any defect or damage within four (4) hours of receipt. Failure to notify the Owner constitutes acceptance that the Equipment is in good condition.

4.3 The Customer must not attempt to calibrate, adjust, or repair the Equipment without prior written consent from the Owner.

5. DAMAGE, LOSS, AND INSURANCE

5.1 The Customer assumes all risk of loss or damage to the Equipment from the time of dispatch until its return.

5.2 In the event of damage, the Customer is liable for the full cost of repairs and subsequent re-calibration.

5.3 If the Equipment is lost, stolen, or damaged beyond economic repair, the Customer shall pay the Owner the Full Current Replacement Value of the Equipment.

5.4 Continuing Hire: Rental charges will continue to accrue at 50% of the standard daily rate during any period the Equipment is being repaired or replaced due to Customer-related damage.

6. LIMITATION OF LIABILITY

6.1 To the maximum extent permitted by law, the Owner shall not be liable for any indirect, special, or consequential loss or damage (including loss of profits or project delays) arising from the use or failure of the Equipment.

6.2 The Owner’s total liability for any claim shall be limited to a refund of the hire charges paid by the Customer for the affected period.

7. TERMINATION AND REPOSSESSION

7.1 The Owner may terminate the hire agreement immediately and repossess the Equipment if the Customer breaches any term of this agreement or becomes insolvent.