General conditions for the rental of lifting platforms.General conditions:
The party ordering the service is hereinafter termed Lessee, while Riwal Danmark A/S, which provides the service, is termed Lessor.
Lifting platforms, telescopic loaders, mini cranes and other gear are termed Equipment.
These rental conditions shall apply to all agreements on rental and services to be provided by the Lessor. Furthermore, the Lessor's most recent pricelist shall apply. Deviations shall only be valid if made in writing and accepted for the individual assignment, thereby having obtained the approval of Riwal Danmark A/S.
When signing off Equipment, always remember to get a sign-off number, which is the customer's acknowledgement that sign-off has been effected and has been entered by the date and in the contract. Lessor's services; settlement:The Lessor´s services may comprise : - Rental of Equipment
- Operation of Equipment, invoiced by the hour
- Transport from the Lessor's premises and back
- Assembly, set-up and dismantling, invoiced by the hour
- Insurance of the rented items, environmental tax and fuel consumed
and can be calculated separately for Equipment and wages, based on the Lessor's most recent pricelist. Lessee's obligations and liability:Transport and delivery:
The Lessee shall ensure that the Equipment can be moved forward on the worksite along roads with good bearing capacity and can be set up on ground with good bearing capacity. Any extra waiting time or required use of a crane or other auxiliaries shall be debited to the Lessee (see under "Set-up").
If, according to the Lessee's wishes, Equipment is collected from one of the Lessor's branches, the Lessee shall have the full liability during transportation.
Set-up: - Permission to park on a public road
- Notification of authorities
- Delivery of cordoning-off material
- Delivery of road plates
- Crane assistance at delivery
If one or several of the above-mentioned services are required, this must be agreed when the Equipment is ordered; these services will be carried out for the Lessee's account.
Complaints about Equipment:
Lifting platforms and machines are delivered clean and ready for operation. Any complaints from the Lessee in case of defect or deficiencies in the Equipment rented must be made immediately upon receipt. Complaints made after the first rental day shall have no legal effect.
Under no circumstances may the Lessee have repairs or alterations made to the rented item; the Lessee shall inform the Lessor as soon as possible if operational failures occur. The Lessee is liable for any damage inflicted on the Equipment in the event of repair works having been undertaken in violation of the aforesaid provisions.
Location and use:
The Lessee must not without written agreement with the Lessor lend, rent out or transfer Equipment to a third party, and the Equipment must not be moved to another location without agreement with the Lessor. For use abroad, special permission is required from the Lessor and the Lessor's insurance company, and reservations must be made about a possible increase in premium.
The Lessee must not have any direct or indirect part in the rented items being used over and above the prescribed performance limit and use, and if the Lessee or his employees participate in/perform part of the work operations, the Lessee shall be responsible for ensuring that such operations are carried out in accordance with the provisions of the Danish Working Environment Act in every respect.
The Lessor's personnel must at all times have unrestricted access - but no duty - to inspect the rented Equipment.
Return of items:
After use, the Lessee must prepare the maschine for collection by ensuring that the area is neat and clean and that the item has been charged and is parked where it was delivered. The key should be placed at the same place as at delivery, or as agreed.
The Lessee shall always return the rented items in the same condition (including cleaning and clearing) as they were received, normal wear and tear excepted. Any cables, keys, etc., shall be compensated by the Lessee.
The check of the returned item shall be made by the Lessor within a reasonable time after the item has been returned; if extra cleaning or repair is required, the Lessee will be debited with the costs.
Liability and damage:
The Lessee is liable for damage to the rented items during the rental period. When signing off, the Lessee shall ensure that the Equipment cannot be stolen or misused by arranging with the Lessor where to leave the key.
The Lessee shall be solely liable for itself and its own employees, third parties and the Lessor as regards damage or injury not resulting from defect or deficiency on the part of the Lessor, including damage to objects, personal injury and damage to Equipment.
The Lessee bears sole responsibility for damage to the worksite access roads, surfaces, subterranean facilities, installations, etc., unless the Lessee has provided access and set-up options to and at the worksite that will not lead to such damage or injury. The Lessor accepts no risk in respect of operating losses of any kind, loss of profit, any other direct loss or consequential loss or damage, regardless of whether such loss or damage is attributable to the rented items. This also applies in the case of machine breakdown, work stoppages and delays resulting from war, conflagration, strikes of any type, lockout, intervention by the authorities, or public orders, precipitation, low temperature, wind or other types of inclement weather.
Damage resulting from faulty Equipment or from the use of the Equipment must be reported to the Lessor without delay. Insurance provisionsAt the commencement of the rental agreement, the lessee is obliged to take out insurance in respect of the rented items for the full duration of the rental period, which involves payment of insurance premium in accordance with the applicable pricelist. The following types of insurance are involved:
Machine loss insurance:
The Lessor has taken out machine loss insurance, covering fire, theft, vandalism and other suddenly occurring damage to the Equipment. With this insurance, the Lessee has an excess for each claim of DKK 15,000 for lifting platforms and DKK 25,000 for telescopic loaders: said excess shall in all cases be paid by the Lessee; furthermore, the Lessee bears the risk of uninsured loss or damage.
Business insurance and product liability insurance:
The Lessor has taken out business insurance and product liability insuranceagainst any liability to pay compensation that may be imposed on the Lessorunder Danish law if the Lessor causes injury, loss or damage to a third party or damage to property. This insurance covers damage or injury up to DKK 10 million per insurance year. The Lessor assumes no liability and no risk other than the cover that may be obtained under the insurance taken out by the Lessor; for this reason, the Lessee must take out supplementary insurance if the liability and risk exceed the said amount.
Motor vehicle insurance:
Moreover, the Lessor has taken out motor vehicle insurance covering all self-propelling Equipment. The excess for all types of Equipment is DKK 10,000 per claim, which amount shall in all cases be paid by the Lessee.
Sundry conditions:
If the Lessor is held liable towards a third party, the Lessee shall indemnify the Lessor for any and all liability over and above the liability which the Lessee can invoke vis-ā-vis the Lessor in accordance with these rental conditions.
The Lessee shall take out insurance against any liability to pay damages which the Lessee may incur in connection with the rental of the Equipment, including the use of such Equipment. If asked to do so, the Lessee must be able to document that such insurance has been taken out and is in force.
Claims notifications:
In case of damage to a lifting platform or other loss, damage or injury,
notification must immediately be made to Riwal, stating the following information: - The customer's name and telephone number
- Lifting platform type and the pertinent lifting platform number
- Geographical location
- Scope of loss, damage or injury
- The circumstances under which the loss, damage or injury arose
- Information about the other party: name, tel., and policy number.
Riwal will then establish a claims case with photographs, a description and other documentation. The Lessee shall normally be charged with the excess, while the balance of the repair cost will be paid by the insurance. Please note that each incidence of loss, damage or injury must be listed separately, which may mean that the excess will be payable more than once. Offers and prices:All price information, estimates, offers and orders shall be exclusive of VAT (value added tax). The rental prices can be seen from the rental pricelist in force from time to time. Each offer or estimate and each price quoted by the Lessor shall be covered by these "General conditions for the rental of lifting platforms etc."
Each offer or estimate and each price quoted shall be valid for a maximum of four weeks and shall in all cases be subject to availability (non-rented and unsold). Invoicing and payment:After the rental has ended, the Lessor shall forward an invoice, which shall fall due for payment after eight days as standard. In the case of rentals of longer duration, the Lessor shall be entitled to issue an invoice every fortnight or every month, as decided by the Lessor.
If payment is made after the invoice due date, interest shall be charged at 2% per month. Payment of interest does not imply postponement of the payment due date.
Moreover, the Lessor may insist on prepayment of rent.
Any disagreement/dispute between the Lessee and the Lessor or any counterclaims from the Lessee shall not entitle the Lessee to refrain from paying invoiced amounts on time. Duration and cessation of rental period:The rental period shall commence on the day when the rented items are placed at the disposal of the Lessee. The rental period shall cease at the time when the Lessee has signed off the Equipment to the Lessor or returned the Equipment to the Lessor's site.
The rental period shall normally be calculated as the number of working days within the rental period. If the rented items are used on Saturdays, Sundays or national holidays, these shall count as rental days. The rental charge is based on a maximum usage of ten hours per working day. The Lessor shall be entitled to the agreed rental charge, whether or not the rented items are used.
The Lessor has the right to discontinue the rental without notice, which includes cancelling rental agreements for subsequent performance and, in the case of the Lessee becoming insolvent or suspending payments, the Lessor shall be entitled to release and collect the Equipment for the Lessee's account if the obligations listed in these general conditions are not complied with or if payment is not made on time. In such case, the Lessor may arrange for the rented items to be removed from the worksite; all costs involved (including transportation) shall be paid by the Lessee.
The Lessee cannot expect to be able to rent the Equipment longer than the agreed rental period.
The Equipment can be signed off over phone 24 hours a day: the sign-off shall be valid from the calendar day on which it was registered. Upon sign-off, a sign-off number is always issued, which serves as a receipt and is entered in the contract. The Lessor is then entitled to collect the Equipment and rent it out again.
During the rental period, the Lessee is obliged to undertake safety checks and to keep the Equipment in good running order, e.g. by checking the fluid level of batteries, recharging batteries, lubricating the Equipment, etc., as well as by keeping the Equipment clean. Only the lubricants prescribed by the Lessor may be used. Force Majeure:In case of force majeure, the Lessor shall be released of his obligations as long as the force majeure situation continues. A force majeure situation exits, when the Lessor or the Lessor's subcontractor is prevented from complying with agreements that are regulated by these general conditions for the rental of lifting platforms and equipment as a result of events such as war, civil war, riot, acts of terror, govenment restrictions, import or export bans, Acts of God of any type, as well as extensive or local labour conflicts, fire, power failure, computer virus or similar, unless the Lessee is able to demonstrate that the Lessor should reasonably have predicted said event at the time when the agreement was concluded. Venue:Rental agreements with the Lessor shall be subject to Danish law and any disputes between the Lessor and the Lessee shall come before court at the Lessor's venue.
Odense, 12/2 2007
RIWAL DANMARK A/S |