GENERAL TERMS AND CONDITIONS OF LEASE

GENERAL TERMS AND CONDITIONS OF LEASE

GENERAL CONDITIONS OF RENTAL

June 2024

ARTICLE 1 – DEFINITIONS

Whenever used in the body of the Contract, the terms below shall have the following definition:

  • The “Quotation“: This term refers to the technical, price and time conditions for the rental of the Equipment. The Accepted Quotation, signed by the Hirer, forms the Contract. The Quotation is inseparable from these General Rental Conditions.
  • ” The Hirer“: This term refers to the company TIBBLOC, registered in the NANTES Trade and Companies Register under number 500 358 221, whose head office is located at 1, Le Breuillet 44450 Saint Julien de Concelles.
  • ” The Lessee“: This term refers to the legal entity to which the Lessor rents the equipment under the terms of the Contract. The identity and contact information of the Lessee are specified in the Quotation.
  • ” The Parties“: This term refers to the parties to the Contract, i.e. the Renter and the Hirer.
  • ” The Contract“: This term refers to the Quotation and these Rental Terms and Conditions. These documents govern the contractual relationship between the Lessor and the Lessee and constitute a contract.
  • ” Equipment“: This term refers to the equipment(s) owned by the lessor and leased to the lessee under the Agreement. The equipment, as well as any accessories, leased to the Lessee are precisely detailed in the Quote.

ARTICLE 2 – PURPOSE

The purpose of these General Rental Terms and Conditions (hereinafter referred to as “GTC”) is to define the conditions under which the Renter undertakes to rent the Equipment to the Hirer, who accepts.
The specific terms and conditions of the rental are described in the Quotation, in particular the type and characteristics of the Equipment to be rented, the duration of the Contract, and the rental start date of the Equipment.
The GTC shall prevail over any clause(s) to the contrary that may appear in the Lessee’s documents, in particular its own contracts (frameworks) or general terms and conditions.
For the purposes of the Contract, the Parties declare that they elect domicile at their respective registered offices, which are specified in the Quotation.

ARTICLE 3 – DECLARATIONS BY THE LESSEE AND THE LESSOR The Lessee declares that it has made all prior declarations and/or possesses all administrative authorizations required for the operation, installation and functioning of the leased Equipment.
The Hirer must inform the Rental Firm of the specific conditions of use of the Equipment, so that the rules of use and safety laid down by the applicable regulations and by the manufacturer and/or the Rental Firm can be specified to the Hirer.
All consequences arising from failure to comply with the aforementioned conditions shall be borne by the Hirer, without the Hirer being held liable on any grounds whatsoever.
Any associated additional costs (e.g. additional storage costs) shall be borne by the Hirer.
The Hirer declares that the Equipment complies with the regulations in force on the day the Contract is signed.

ARTICLE 4 – FORMATION OF THE CONTRACT

Based on the requirements expressed by the Hirer, the Rental Firm will draw up a Quotation.
The Quotation is valid for 1 month from the date of issue, unless otherwise specified in the Quotation.
The Hirer gives the Hirer the Quotation, which the Hirer accepts by signing and/or the Hirer issues a purchase order to the Hirer, which must expressly refer to the Quotation.
The Parties may negotiate special conditions, subject to the Quotation.
The General Terms and Conditions attached to the Quotation will be accepted de facto on signature of the Quotation, without reservation or restriction.
When the Contract is formed, he will also provide the Hirer with a manual containing instructions for the care and maintenance of the Equipment, which the Hirer must comply with.
The Contract is formed when the Tenant accepts the Quotation in any form whatsoever, and the Tenant’s commitment can be proven by any means.
Any cancellation by the Hirer of a rental before the date on which the Equipment is made available shall give rise to the invoicing by the Hirer of an indemnity corresponding to 30% of the total amount inclusive of tax of the Quotation accepted up to one week before the delivery date (100% for a period of less than one week).
In the event of a delay in the delivery date, the Hirer reserves the right to modify the weekly price if the overall duration is shortened.
In the event of less than 2 weeks’ notice, the Contract and invoicing will commence on the date initially specified in the Quotation.

ARTICLE 5 – TRANSPORT – DELIVERY – UNLOADING

5.1.- Transport

Unless otherwise specified in the Quote, the Equipment is transported by the Lessor. In the event that the transport is performed by the Lessee, the handling costs of the Lessor may be re-invoiced. It is the Tenant’s responsibility to take out all appropriate insurance cover for the transportation and handling of the rented equipment.
The Tenant undertakes to comply with the rules of the art in terms of transport and handling (cf. lifting plans). The costs of transport are fully borne by the Lessee. When the transport of the Equipment is provided by the Lessor, the amount of the transport costs is specified in the Quote.

5.2.- Delivery

The delivery location of the Equipment is specified in the Quote. The delivery date is mentioned in the Quote. The Lessor hereby undertakes to deliver the Equipment to the Lessee in perfect working order and provided with all of the necessary documents, in particular the notice containing the instructions for the correct upkeep and maintenance of the Equipment, the user manual for the Equipment’s sub-equipment and all technical documentation. The documentation is systematically present at the facilities. If, however, such documents are missing or disappear during the lease term, it is the responsibility of the Lessor to make such a claim. The Lessee is hereby required to provide the Lessor with all of the safety instructions and/or instructions to access the delivery location with which the Lessor must comply to make the delivery. The Tenant is solely responsible for any damage caused to hidden installations and/or structures (networks, pipes, buried cables, etc.). The Lessee is also required to notify its staff of the delivery to be made by the Lessor in order to guarantee the Lessor’s access and delivery of the Equipment to the location provided for this purpose. In the event that delivery is impossible and/or delayed in any way due to the Tenant and/or third parties, the Tenant shall owe the Rental Firm compensation for the period from the initially scheduled delivery date to the actual delivery date.
The amount of this indemnity will correspond to the amount of rent stipulated in the Quotation. The Lessee will also be liable for the additional transportation costs incurred by the Lessor. The Lessee will be present at the delivery location to receive the Equipment. The Lessee will sign the delivery slip. If a claim is made upon delivery of the Equipment, the Hirer must make the necessary reservations with the carrier and forward them immediately to the Rental Firm so that the latter can take the necessary measures with their respective insurance companies.

5.3. Unloading the Equipment

Unless otherwise stipulated in the Quotation, unloading of the Equipment is carried out by the Hirer. Authorisation requests necessary for unloading operations, especially parking permits, are the responsibility of the Lessee. When the Equipment cannot be unloaded on the specified location for installation, any equipment or vehicle necessary to allow its transfer to the specified location is provided by the Lessee. During the unloading period, the Party liable for damage arising from the related operations is the Party in charge of the operation. Nevertheless, the Tenant remains responsible for any damage caused to hidden installations and/or structures (networks, pipes, buried cables, etc.).
Taking possession of the Equipment transfers legal custody of the Equipment to the Tenant.

ARTICLE 6- INSTALLATION OF EQUIPMENT – CONNECTION – COMMISSIONING – ASSESSMENT

The intervention of the Hirer’s personnel for installation, assembly and dismantling operations is limited to their competence and may under no circumstances have the effect of reducing the Hirer’s responsibility, particularly in terms of safety.

6.1 – Installation of the Equipment

The preparation of the site intended for the installation of the Equipment, and in particular the ground, is the responsibility of the Tenant. In the event that the site is unsuitable due to its position, condition and/or composition (sloping, etc.), the Tenant undertakes to carry out all the work (installation of foundation(s), planks, etc.) required for the installation of the Rental Goods. This work must be completed prior to delivery of the Rental Goods. The Hirer shall in no event be liable for any impossibility and/or delay in delivery resulting from non-compliance with the aforementioned obligations. The Rental Firm installs the Equipment. Installation costs are borne in full by the Hirer and are specified in the Quotation. The Tenant is responsible for all equipment (lifting, handling, craning, etc.) required for installation, the cost of which is specified in the Quotation.

6.2. Electrical connection

The electrical connection of the Equipment on the site is performed by the Lessee under its sole responsibility. The Tenant is solely responsible for the electrical connection of the Equipment to the site’s main LV board.

6.3. Commissioning the Equipment T

he Lessor commissions the Equipment. In the event that the Equipment is placed into service by the Lessee, the Lessee will be solely responsible for any ensuing damage or malfunction. Once the Equipment has been installed and put into service, it will be considered to be in perfect working order, unless one or other of the Parties has reservations, either on the commissioning work order for the Hirer or by letter within 24 hours for the Hirer.

ARTICLE 7 – USE OF THE EQUIPMENT

7.1 The Tenant undertakes to , without this list being exhaustive :

  • taking care of the Material ;
  • do not make any modifications;
  • do not move the equipment;
  • carry out the analyses/studies required to use the equipment in compliance with applicable regulations;
  • do not seal the hardware, so that it remains removable;
  • if necessary, use the appropriate quality fuel for the Equipment and ensure its proper operation;
  • if necessary, provide the appropriate electrical power to supply the Equipment;
  • comply with all the technical documentation supplied (or equivalent documents), the manufacturer’s and the Hirer’s recommendations and instructions for use relating to the Equipment, and in particular ensure that the Equipment is not overloaded, i.e. that the nominal capacity of the equipment is exceeded;
  • carry out the necessary checks and regular servicing and maintenance operations as defined in the equipment’s technical manuals;
  • operate or have operated by competent personnel ;
  • use a water quality defined in the manufacturer’s technical specifications;
  • not to make abnormal use of the Equipment;
  • comply with all applicable regulations, in particular safety standards;
  • file declarations or authorizations as an operator with the relevant institutions;
  • report to the Hirer any malfunction related to normal use of the Equipment and not operate the Equipment if it has become defective, damaged or dangerous;
  • not to sublet or lend the Equipment, unless expressly agreed by the Rental Firm. However, in the case of rescue operations, the Hirer may not oppose the use of the Equipment by other companies.
    The Hirer nevertheless remains bound by the obligations of the Contract. In addition, to meet the needs of the Hirer’s worksites, the Hirer may entrust the use of the Equipment to third parties.
    In this case, the Tenant remains bound by the obligations of the Contract.

The Lessee alone bears all expenses of any kind whatsoever, present or future, relating to the rental, use or operation of the Equipment, with the exception of those charged to the Lessor by law. Any use that does not comply with the Hirer’s prior declaration or with the normal use of the Rental Goods shall entitle the Hirer to terminate the Contract (article 14.2 CGL) and demand the return of the Rental Goods.

7.2 The Hirer undertakes to allow the Rental Firm access to the Rental Goods during working days and hours, subject to the Rental Firm giving 24 hours’ notice to ensure the condition of the Rental Goods and the Hirer’s compliance with his obligations under the Contract.

ARTICLE 8 – UPKEEP, MAINTENANCE AND REPAIR OF EQUIPMENT

8.1. – Upkeep and maintenance

8.1.1 Tenant’s obligations

Unless otherwise specified in the Quotation, the Tenant is responsible for the upkeep, maintenance and operation of the Equipment. The Lessee undertakes to perform the regular maintenance of the Equipment by authorised and competent personnel, in accordance with the manufacturer’s instructions. The Tenant’s maintenance obligations include, but are not limited to, the following:

  • assume responsibility for repairs to the Equipment in the event of malfunction, breakage or breakdown resulting from abnormal use of the Equipment, negligence or accident;
  • ensure that the equipment is in good working order and carry out the various checks specified in the technical manuals;
  • replace wearing parts;
  • carry out all servicing and checks recommended by the Owner, the manufacturer and the regulations in force;
  • perform safety tests ;
  • protect the Equipment against any climatic event, in particular frost, snow, fire, etc.

8.1.2 – Subscription by the Lessee to an upkeep and maintenance option and stocks of operational spare parts If necessary, the Lessor may offer the Lessee the option of purchasing an upkeep and maintenance option and/or stocks of operational spare parts. If the Lessee subscribes to the upkeep and maintenance option, the Lessee may choose from several levels of involvement offered by the Lessor. The selected upkeep and maintenance service is detailed in the Quote and the informational leaflet. The amount invoiced by the Hirer for the service and maintenance and/or operational spare parts stock option chosen by the Hirer is specified in the Quotation.

8.2- Repair of the Rental Goods

8.2.1 The Hirer undertakes to notify the Rental Firm in writing within 48 hours of any breakdown or incident affecting the Rental Goods. When the breakdown or incident results from the normal use of the Equipment and is due to its poor condition or a hidden defect, the Lessor proceeds, at its own expense, to repair the Equipment. When the repair procedure requires the immobilisation of the Equipment for more than two days, the Lessor undertakes to communicate to the Lessee the foreseeable duration of the immobilisation. Replacement equipment may, if necessary, be made available to the Lessee. If no replacement Equipment is made available to the Tenant, the Contract is suspended with regard to the payment of rent for the period during which the Equipment is unavailable. When the breakdown or incident results from the abnormal use or an operating fault due to the Lessee, the repair costs are the responsibility of the Lessee. The Hirer will repair the Equipment as soon as possible, and will invoice the Hirer for the repair service. If, however, the Lessee replaces or has parts replaced on the Equipment, the Lessee undertakes to replace them identically, otherwise the replacement of the parts, performed upon return to the Lessor’s workshop, will be invoiced. During this period, the Contract is not suspended. Replacement equipment may, if necessary, be leased to the Lessee as part of a new quote that will not replace the initial one.

8.2.2.
Le Locataire s’engage à garantir l’accès et les meilleures conditions de travail aux techniciens du Loueur amenés à intervenir sur site. The rules relating to the safety of the environment in which the Lessor’s technicians operate remain within the competence of the Lessee and under its exclusive authority. In the event that the Lessor’s technician cannot access the site or the Equipment, the waiting time will be invoiced to the Lessee. The provision of assistance and, if necessary, handling equipment is the responsibility of the Lessee.

ARTICLE 9 – RETURN – DISMANTLING – LOADING

9.1. – Return of the Equipment

9.1.1.The Hirer undertakes to return the Equipment in perfect working order and in its entirety. The Equipment must show a normal state of wear and must be clean. Under the conditions set out in article 12 of the CGL, the Hirer shall be fully liable to the Rental Firm for any theft, loss, damage or deterioration suffered by the Equipment during the rental period. During the removal from service, the Lessor will perform a visual examination of the Equipment with the Lessee. A full report will be produced upon return to the Lessor’s workshop. In the event of damage or abnormal wear and tear, all repair costs will be borne by the Lessee. The Hirer will then send a report of the damage and the Tenant will have 24 hours to contest it in the event of disagreement.

9.1.2.The Hirer acquires no right of ownership in the Rental Goods. All of its parts remain the property of the Lessor, whether or not they have been invoiced to the Lessee or replaced by the Lessee. However, the Tenant is responsible for the safekeeping of the Rental Goods throughout the rental period.

9.2 – Dismantling and loading the Rental Goods The Hirer will dismantle and load the Rental Goods, after having received one week’s written notice of the exact date on which this service is to be provided. The dismantlement costs are fully borne by the Lessee and specified in the Quote. The authorisation requests necessary for the loading operations are the responsibility of the Lessee. When the lease includes a non-ADR fuel tank, the Lessee pumps the fuel and degasses this tank to allow its return to be performed. The Lessee can also choose to have the Lessor to perform this service, in which case the price relating thereto will appear in the Quote. The Lessee is required to provide the Lessor with all the safety and/or access instructions that the Lessor must follow to access the Equipment and perform the loading.

ARTICLE 10 – SCOPE OF RENTAL – DURATION OF RENTAL AND RETURN PERIOD

10.1. – Lease period

Rental is for the period specified in the Quotation and may not be less than one calendar week.
Any week begun is due in full.
When the Contract is concluded, it takes effect from the date of departure of the Rental Goods from the Hirer’s premises and ends on the date of return of the Rental Goods.
If the Hirer wishes to extend the Contract concluded for a fixed term, he/she must notify the Rental Firm at least 8 calendar days in advance.
The Contract will be extended, if necessary, by mutual agreement.
In the absence of an extension amendment, and if the Equipment is in the possession of the Renter, the rental period will be tacitly renewed under the conditions of the Contract to cover the rental until the date of return of the Equipment.

10.2. – Deadline for returning the Equipment

The Hirer shall inform the Rental Firm in writing of the exact date of dismantling 5 working days before the end of the Contract.
In the event of late return of the Rental Goods, the Hirer shall owe the Rental Firm an indemnity equal to twice the amount of the rent due under article 11 of the General Terms and Conditions, the Contract being deemed tacitly renewed under the conditions of article 10.1 of the General Terms and Conditions.
In the event of late return of the Equipment for more than two months, the Hirer shall be entitled to invoice the Hirer at the new rate, the Contract being deemed tacitly renewed under the conditions of article 10.1 of the GTC

ARTICLE 11 – PRICES

11.1. – Amount of contract

The amount of the Equipment rental, price revisions, as well as the cost of any optional services subscribed to by the Hirer, are specified in the Quotation. The applicable VAT is that in force on the day of the taxable event. The price of the Quotation may be revised under the conditions defined there in.

Fuel: unless otherwise specified in the Quotation, the Hirer undertakes to pay the Rental Firm the price of the fuel required for the use of the Equipment.
Once the initial consumption has been used up by the Hirer, the Rental Firm will resupply the Hirer in order to maintain the operation of the Equipment.
A supplementary agreement will be drawn up on the basis of current economic conditions.
In accordance with current regulations (ADR), tanks with a capacity of more than 3,000 liters must be returned by the Tenant empty and degassed, without any fuel being taken back; the Hirer is under no obligation whatsoever to the Tenant to take back the fuel.

11.2. -Lease payment period The payment period of the lease will begin on the date of removal of the Equipment from the Lessor and will end on the date of its return to the Lessor. Any week started is due.

11.3. – Terms of payment Unless specific conditions are stipulated in the Quotation, the rent and the prices of any optional services subscribed to by the Tenant are due and payable monthly in arrears, the first instalment being fixed in relation to the day on which the Equipment is made available to the Tenant, and subsequent instalments being fixed on the anniversary date of each month.
Unless otherwise specified in the Quotation, the payment term is 30 days from the invoice date. The lease payments are made either by bank transfer or by direct debit. No discount is applied in the event of cash or lease payments in advance of the date appearing on the invoice issued.

11.4.- Late payment penalties In the event of late payment by the Hirer, late payment penalties, corresponding to a percentage of the amount including VAT of the sums due by the Hirer, shall automatically and by operation of law accrue to the Hirer from the day after the invoice due date, without any formality or prior formal notice, and without prejudice to any other action that the Hirer may be entitled to take against the Hirer in this respect. These late penalties will be calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In the event of late payment, the Lessee will also be liable to the Lessor for a lump sum compensation for recovery costs in the amount of 40 euros. If the recovery costs incurred by the Lessor are greater than the amount of this fixed compensation, the Lessor may request additional compensation, upon presentation of receipts.

11.5. Penalty clause In addition to the late penalties provided for above, in the event of the non-payment by the Lessee of the full amount of the invoice at the end of a period of one month running from its due date, the Lessee will be liable to the Lessor, automatically and without prior notice, for compensation equal to 25% of the balance, including taxes, remaining due.

ARTICLE 12 – LESSEE’S LIABILITY – INSURANCE – LIMITATION OF THE LESSOR’S LIABILITY

12.1. – Responsibility of the Lessee 12.1.1. Throughout the lease period of the Equipment, the Lessee is solely responsible for any damage or degradation, of any nature whatsoever, accidental or not, caused to the Equipment. The Lessee is solely liable to the Lessor for the loss or theft of the Equipment. In the cases referred to in this article, the Lessee’s liability includes in particular:

  • the replacement cost of the Equipment corresponding to its new value;
  • the cost of repairing and restoring the Equipment;
  • any rental costs for replacement Equipment.

The Lessee is solely responsible for any breach of the laws and regulations in force.

12.1.2. In the event of theft or break-in of the Rental Goods, the Hirer undertakes to immediately notify the Hirer in writing and to lodge a complaint with the competent authorities. The Lessee must give the Lessor, within two working days, a receipt for the filing of such complaint.

12.2. – Insurance

12.2.1 The Tenant is solely responsible for the supervision, custody and use of the Equipment and is liable for any damage caused to the Equipment and/or to third parties by the Tenant.
For the entire duration of the Contract, the Tenant undertakes to take out civil liability insurance with a reputable and solvent company, covering bodily, environmental, material and immaterial damage caused to third parties as a result of the ownership and use of the Equipment.
12.2.2 By accepting the Quotation, the Hirer accepts the “Machine Breakdown” cover taken out by the Rental Firm with its insurer, covering damage caused to the Equipment, under which the Hirer accepts the waiver of recourse by the Rental Firm and its insurer.
The cost of this guarantee is included in the price of the Quotation.
At the written request of the Hirer, the Rental Firm will provide the Hirer with the limits of the commitment made, in particular with regard to the amounts of cover, deductibles, exclusions and conditions of waiver of recourse by the insurance company against the Hirer. This guarantee covers exclusively damage caused to the Equipment under normal use, in accordance with the conditions of the Quotation and the CGL, and for the geographical area specified in the Contract.
The warranty does not cover
a) damage caused by gross or intentional negligence, or failure to comply with manufacturer and/or Rental Firm recommendations,
b) damage caused by unqualified or unauthorized personnel,
c) theft of the Equipment and its components such as cables, consumables, hoses and sheaths, which will consequently be invoiced to the Hirer at replacement value in the event of damage,
d) damage caused by vandalism,
e) costs incurred to remove damaged Equipment.
The Rental Firm reserves the right to take recourse against the third party responsible or its insurance company.
12.2.3 The Hirer undertakes, for the entire duration of the Contract, to take out insurance with a reputable and solvent company, assigning the lien to the Rental Firm and covering, in a non-exhaustive manner, damage of any kind, accident, fire, theft, vandalism and water damage, the exclusions of the “Machinery Breakdown” guarantee referred to in article 12.2.2 of the CGL, for the new value of the Equipment. Prior to handing the Equipment over to the Lessee and thereafter upon the Lessor’s simple request, the Lessee must provide proof to the Lessor of the subscription to such insurance by providing certificates from its insurance companies listing the coverage subscribed, its amount, its period of validity and the commitment made by the insurance companies at issue to pay the indemnity directly to the Lessor. If these certificates are not provided prior to delivery of the Equipment, or if they do not meet the aforementioned conditions, the Hirer may subrogate to the Hirer’s rights with regard to his insurance company.
12.2.4 If the Tenant refuses the “Machinery Breakdown” guarantee as provided for in article 12.2.2 of the General Terms and Conditions, the Tenant must take out insurance covering the Equipment and the damage referred to in article 12.2.3 of the General Terms and Conditions.
This insurance must be taken out no later than the day the Equipment is made available and must be maintained for the duration of the Contract.
At the latest when the Equipment is made available, the Hirer undertakes to provide the Rental Firm with the insurance certificate corresponding to the Contract, including in particular the undertaking by the insurance company to pay the indemnity into the hands of the Rental Firm, the Contract references, the amount of cover and deductibles.
Any indemnity limits, exclusions and deductibles resulting from the insurance policy taken out by the Hirer shall not be binding on the Rental Firm with regard to the commitments of the Contract.
In the event of damage to the Equipment, the Hirer and his insurers waive all recourse against the Rental Firm and its insurers.
In the event that the Tenant insures the Rental Goods, the loss will be assessed :

  • for repairable equipment: depending on the cost of repairs
  • for non-repairable or stolen Equipment: at replacement value less a coefficient of wear and tear determined by an expert or, failing that, in the special conditions.

12.2.5 In the event of damage to or theft of the Rental Goods, the Contract shall terminate on the date of receipt of the damage report by the Hirer.
The Rental Firm shall be immediately indemnified for the Rental Equipment by the Tenant on the basis of the replacement value of new equipment at the date of the loss.
In all cases, the Tenant is liable for a minimum lump-sum compensation of :

Compensation paid by the Hirer does not entail the sale of the damaged Equipment, which remains the exclusive property of the Rental Firm.
The Hirer alone decides whether or not to proceed with repairs.

12.3 Limitation of the Rental Firm’s liability During the term of the Contract, in the event that the Rental Firm’s liability may be incurred as a result of direct material damage caused by the Rental Equipment, such liability shall be limited to the total amount of rental payments to be made by the Tenant during the term of the Contract.
On the other hand, the Hirer shall not be liable for any indirect or consequential damage, such as direct or indirect operating and/or production losses, caused to the Hirer by the Hirer or the Equipment.
Beyond these limits and conditions, the Tenant and its insurers waive all recourse against the Rental Firm and its insurers.

ARTICLE 13 – SUSPENSION OF THE OBLIGATIONS OF THE PARTIES

13.1 Incident resulting from normal use of the Rental Goods

The Hirer shall inform the Rental Firm of any incident resulting from normal use and affecting the enjoyment of the Rental Goods.
The Rental Firm shall then take all necessary measures to restore the Rental Goods to their original condition, which shall result in the suspension of the Contract for the corresponding period.
If the suspension exceeds one month and unless the Hirer is at fault, the Hirer shall be entitled to cancel the Contract by sending a registered letter with acknowledgement of receipt. 13.2 Force majeure The Parties agree that the obligations of the Hirer or the Hirer will be automatically suspended and that their liability cannot be called into question in the event of a case of force majeure as defined by legislation and case law. The suspension of the obligations or the delay may in no case induce the payment of damages or late penalties. The Party noting the event must immediately inform the other Party as soon as possible by registered letter with acknowledgment of receipt. However, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible.

ARTICLE 14 – ANTICIPATED TERMINATION

14.1 Occurrence of an event of force majeure

When the event of force majeure referred to in article 13.2 of the CGL has become definitive or generates such a delay that it hinders further performance of the rental, the Contract may be terminated by either Party by sending the other Party a registered letter with acknowledgement of receipt.
The termination will take effect automatically on the date of first presentation of the letter by post. 14.2 Non-performance attributable to either Party The Contract may be terminated at any time by either Party in the following cases:

  • The sufficiently serious breach of one or more of its obligations by the other Party, which has become final or continues beyond eight (8) calendar days;
  • Non-compliance by the Tenant with its obligation to pay an invoice, persisting beyond thirty (30) calendar days from the invoice due date.

Termination of the Contract by one of the Parties will occur ipso jure at the end of a period of eight (8) calendar days from receipt, or failing this, from the first presentation by post, of a letter of formal notice sent by one of the Parties to the other by registered letter with acknowledgement of receipt or by any extrajudicial act, stating the intention of its author to apply the present clause and remaining without effect. In the event of early termination of the Agreement as a result of the Tenant’s failure to perform its contractual obligations, the Tenant shall owe the lessor an early termination indemnity corresponding to all rental payments due until the normal end of the Agreement, plus 15%.

14.3 Tenant’s request

The Contract may be terminated at the written request of the Tenant. In such an event, the Tenant shall owe the lessor an early termination indemnity corresponding to all rental payments due until the normal end of the Contract.

14.4 Unforeseeability

The Parties may terminate the Agreement by mutual agreement, in the event of a change in circumstances unforeseeable at the time the Agreement was entered into and rendering its performance excessively onerous for one of the Parties, in accordance with article 1195 of the French Civil Code. Any early termination of the Contract shall give rise to the return of the Equipment in accordance with article 10.2 of the CGL.

ARTICLE 15 – ASSIGNMENT OF CONTRACT

The Contract is concluded “intuitu personae”. The Tenant may not, on a principal or accessory basis, assign or transfer, in whole or in part, whether free of charge or in return for payment, the Contract to any third party, without the prior written authorization of the Renter.

ARTICLE 16 – DIVISIBILITY

The nullity of one of the stipulations of the Contract is not likely to lead to the cancellation of the Contract itself, unless it is an essential and determining clause of the Parties’ consent and its cancellation is likely to call into question the general balance of the Contract.

ARTICLE 17 – APPLICABLE LAW – SETTLEMENT OF DISPUTES

The Contract is governed by French law. In the absence of an amicable settlement between the Parties, any dispute relating to the conclusion, interpretation and performance of the Contract will fall within the exclusive jurisdiction of the Lyon Commercial Court.