Legal information | Hire Terms & Conditions

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Legal information

Tibbloc

1 le Breuillet – 44450 SAINT JULIEN DE CONCELLES
T 0810 310 307 – F +33(0)2 40 35 38 66 – M info@tibbloc.fr
RCS NANTES B 500 358 221

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Hire Terms & Conditions

  1. Hire period

The hire period starts on the day of the provision of equipment to the hirer or the carrier at the Tibbloc’s premises. The hire period terminates when the rented equipment returns to the Tibbloc’s warehouse, a written confirmation of the off-hire by the customer must be sent to Tibbloc beforehand. The hire period will be notified in advance on the quotation. The minimum duration of any rental is one week.

 

  1. Delivery, Assembly- Dismantling

2.1 Delivery

Delivery can be made either by an independent carrier chosen by the hirer or by the delivery service of Tibbloc. In all cases, the delivery costs are entirely the responsibility of the hirer. The hirer agrees to be present during the delivery of the equipment.

2.2 Assembly (including commissioning) and dismantling

The cost of assembly and dismantling of the rented equipment is not included in the rental price or in the price of deliver but this cost is indicated on the quotation. For the planning of loading and return transport, the hirer agrees to notify Tibbloc by e-mail to info@tibbloc.fr, by fax 02 40 35 38 66 or in writing to TIBBLOC – 1, the Breuillet – 44450 SAINT JULIEN DE CONCELLES – FRANCE, at least one week before the date of assembly or disassembly.

 

  1. Rental price

The price of the rental will correspond to those indicated on the quotation in net duty free.

 

  1. Terms of Payment

4.1 Rental invoices are payable, unless otherwise agreed, at 30 days end of month of invoice date.

4.2 If the payment period is overdued, the hirer will be immediately liable for a late payment penalty on the amount due, calculated at the rate of three times the legal interest rate in force. Late payment penalties are due without the need for a reminder.

4.3 The hirer expressly agrees that any unpaid amount shall result in the forfeiture of the term for unmatured invoices, and the termination of the agreement by operation of law, 8 days after the sending of a formal notice with acknowledgment of receipt if it has remained ineffective. The hirer may, in this case, require the return of all equipment rented to hirer.

4.4 The amount of the deposit depends on the amount of the rental and the value of the equipment. This deposit is returned to the hirer after the payment of the last rental invoice and the return of the equipment, after deduction and compensation with any costs of restoration, penalties and any other bills remained unpaid.

 

  1. Hirer commitments

5.1. Receipt – Provision and Return of Equipment

5.1.1 A descriptive statement of the equipment is attached to this agreement. It is the hirer’s responsibility to check the good working condition of the equipment when it is handed over. In the absence of such verifications, subsequent claims relating to apparent disturbances would be inadmissible. As a result, when the rented equipment is handed over, and in the absence of a claim from the hirer, the latter acknowledges having received equipment in perfect working order and cleanliness.

5.1.2 The hirer undertakes to return the equipment in the state in which it was received and stored in the same. All refurbishment costs will be charged in addition to the cost of the rental.

5.2. Preparation of the ground

The hirer undertakes to provide and dispose adequately on the floor planks or equivalent elements in the case where the quality of the ground would require these, to ensure the operation and / or the movement of the equipment and this especially in the case where the ground is unstable and / or non-horizontal.

5.3. Insurance

5.3.1. The hirer undertakes to insure at his own expense the equipment and himself against all risks arising from the presence and use of the equipment both on the site and during transport, and in particular, against theft, fire, machine breakage, vandalism and deterioration of equipment.

5.3.2. The hirer agrees to provide TIBBLOC before the delivery an insurance certificate. Otherwise the hirer will be deemed to exercise the option below.

5.3.3 The hirer can opt for the insurance of rented equipment subscribed by TIBBLOC. With regard to the theft, fire and machine breakage of its equipment on the site, TIBBLOC has the material insured at the rate of 9% of the amount of the rental price Excluding Taxes (to be completed for franchise following rental agreement).

Are excluded from the insurance: the theft of cables, consumables, pipes and ducts.

TIBBLOC will be subrogated in the hirer’s rights with respect to its insurance company.

5.3.4 If the equipment is involved in an accident resulting in human injury or equipment damage, the hirer must immediately notify TIBBLOC by telephone +33 (0)810 310 307 and confirm it in writing to the address of the head office of TIBBLOC. The hirer cannot in any case commit on behalf of TIBBLOC nor make an acknowledgment, an offer, a promise, a payment or an indemnity having an impact on the rights and obligations of TIBBLOC without the prior written agreement of TIBBLOC.

5.4. Free access to rented equipment left to TIBBLOC

The hirer agrees to allow TIBBLOC employees, attendants and insurers safe and adequate access to the equipment at any time. In the absence of access, or if access is delayed solely by the fact of the hirer, the latter will be responsible for any loss or damage suffered by TIBBLOC, its employees, agents or insurers.

 

  1. Use of equipment

6.1 Work at heights greater than 2 meters

Except for special services and provisions specified in the quotation, our personnel are authorized to work at height only if the collective protection complies with the standards in force relating to safety and health of workers.

6.2 Operation of the equipment

6.2.1 The effect of this agreement is to transfer the legal and physical custody of the rented equipment to the hirer during the entire hire period. He undertakes to ensure the proper functioning of the equipment with due care and vigilance, in accordance with the instructions given by the company TIBBLOC and the prescriptions that appear in the technical notice of use of the equipment.

6.2.2 The hirer must use the equipment in accordance with the conditions defined in the quotation. Any modification of these conditions, and in particular the periodic operating periods, must be immediately brought to the attention of TIBBLOC. The hirer must also use the correct fuel for proper operation. The hirer makes sure that the equipment does not suffer any overload (ie exceeding the nominal capacities specific to the equipment) nor deterioration.

6.2.3 A regular examination of the equipment shall be carried out and the Contractor undertakes not to operate the equipment if it has become defective, damaged or dangerous or if its condition no longer complies with applicable laws and regulations. The tenant will be solely responsible for any damage, loss or accident resulting from the non respect of the instructions defined in the preceding paragraphs.

6.2.4 In the event that the equipment fails or is damaged due to the non-observance by the tenant of one of the contractual provisions, he / she will be liable to TIBBLOC for:

– the cost of the repairs;

– the rent owed by the tenant in respect of the equipment covered by the rental contract, despite his lack of enjoyment, to which will be added the rent due under the same price conditions fixed by the service offers under the replacement equipment if the tenant makes the request and without the company TIBBLOC is required to access it.

6.3. Connection

The electrical connections of the equipment on the hirer’s site will be made by the hirer under his sole responsibility. The installation of the equipment as well as its decommissioning will be the responsibility of TIBBLOC according to the modalities mentioned in the offer. The commissioning of the equipment will be obligatorily done by Tibbloc unless any other written agreement. The defaults related to a commissioning by the hirer will not be the object of any compensation.

6.4. Compliance with the legislation in force

The hirer is responsible for the choice of the installation. He undertakes to comply with the laws, regulations and texts applicable to the installation, use and operation of the equipment. The hirer will, if necessary, obtain the authorizations of parking and / or operation near the competent authorities.

In addition, the hirer agrees to respect all the standards in force and applicable in the matter of prevention and safeguard people to assure the safety particularly with regards to the regulation of the ERP.

6.5. Site change

The equipment may not be moved from the site identified in the service offer without the prior written consent of TIBBLOC, under penalty of immediate termination without notice.

6.6. Return of equipment

6.6.1. The hirer will have, as soon as the end of hire agreement is effective, to return the equipment to TIBBLOC in the state where it will have been delivered, In the hypothesis where the hirer would not restitute the material and its accessories, for whatever reason, the tenant will have

to pay in full the equipment rented at the value estimated by Tibbloc.

In this case, Tibbloc will continue to charge the hirer rental fees until full refund of the unit.

6.6.2. Return of non-ADR fuel tanks

In accordance with the regulations governing the transport of dangerous goods, fuel storage tanks of more than 3m3, not approved ADR cannot be used to carry out fuel transport operations. Therefore, tanks must necessarily be pumped before they can be removed from the site of use.

In the event that the service offer includes the supply of a non-ADR fuel tank, the pumping of the fuel and the degassing of this tank would be the responsibility of the hirer. The latter may ask TIBBLOC to carry out these tasks, the price of which will be defined in the service offer.

6.7. Ambient conditions

Ambient conditions (temperature and hygrometry) are defined as the average of four readings taken between 12h and 13h solar, with a calibrated and approved metrology equipment. Surveys must be done at two meters elevation and less than five meters away from the base of our equipment. The customer will bear any damage resulting from freezing or any damage thus caused to the rented equipment.

6.8. Water quality

The hirer must use a water quality strictly defined in the offer, any damage to the operation of our equipment and due to poor water quality will be at the full cost of the customer.

6.9. Commitment to the environment

TIBBLOC undertakes to respect and develop the principles of a strict environmental policy:

– Eco-design in the manufacture of our equipment, reduction of energy consumption, reduction of noise and gas emissions, control of NOX emissions.

– Waste management, recovery and traceability of consumables (fuel and lubricant) The cost is defined in the offer.

 

  1. Maintenance and operation

During the entire hire period, the hirer is responsible for the maintenance and operation of the rented equipment. The search for the causes of breakdowns, the troubleshooting of simple malfunctions, the elimination of leaks, the execution of safety tests, the control of combustion burner, the sweeping of the heating body, the regulatory maintenance, the control of operation, and the monitoring of the water quality in accordance with the equipment service instructions and the regulations in force are the responsibility of the hirer.

 

  1. Repairs

Repairs related to normal wear and tear of the unit are the responsibility of Tibbloc. If repairs are made during the performance of the contract by the hirer without the agreement of Tibbloc, the costs will remain the responsibility of the hirer. Repairs due to misuse of the equipment by the hirer or a third party are the responsibility of the hirer. In case of malfunction of the rented equipment, the hirer agrees to inform Tibbloc in writing, under penalty of full billing of the rental. In addition, any damage, theft or seizure suffered by the equipment must be reported immediately to Tibbloc.

 

  1. Liability of the hirer

The hirer is liable for damages caused by the use of the rented equipment, even though the damage would have arisen from a breakdown of the equipment. The hirer will be responsible, even in the absence of fault, degradations, losses, fire of the material and even if they would result from a case of force majeure, a fortuitous event or of a construction defect, notwithstanding the provisions of Articles 1732 and 1733 of the Civil Code.

In the event that the equipment is totally or partially destroyed, the hirer cannot claim any compensation or rent reduction, and will remain liable for all rental fees.

The hirer is responsible on site for the means implemented for crane and slinging. It is also in charge of:

– All the procedures for declaring and obtaining operating authorizations required by the regulations in force at the place of use of the rented equipment. TIBBLOC cannot be held responsible for the fact that the license to operate is not obtained.

– Authorizations for access, parking and operation of machinery as well as

their markup.

– the positioning of machines inside the site if necessary

– the provision of electrical power for the supply of our facilities.

– The connection of all TIBBLOC equipment to the customer’s installation will be the responsibility of the customer.

These operations must be carried out by qualified personnel authorized to perform them. The TIBBLOC staff is not authorized to perform the following operations: the possible openings of walls for the passage of our tubes, ducts or cables.

– The hirer must take all necessary measures for the respect of the environment and the related regulations during the installation and during all the rental period of the equipment. Any damage or damage to the environment is the responsibility of the hirer.

 

  1. Liability of the rental supplier

All equipment made available is under the responsibility of TIBBLOC:

– during the transport of the equipment, if this transport is organized by TIBBLOC.

– during assembly or dismantling of the equipment on the site provided that this operation is entirely under the control of TIBBLOC.

 

  1. TIBBLOC disclaimer

11.1. Exemptary causes

TIBBLOC will in no way be held responsible in the event of delays or non-performance of the contract and the consequences thereof, if these failures are attributable to a strike, a lockout, an event, a civil disorder, an act of war, a natural disaster or any other cause external to TIBBLOC.

11.2. Indirect damages

TIBBLOC cannot be held liable towards the hirer for any indirect loss (including notably a loss of profit), suffered by the hirer, that this damage results from a breach of contract, any negligence, prejudice or other fault attributable to TIBBLOC or its employees, agents, and that TIBBLOC and / or at the time of the entry into force of the contract.

 

  1. Rental period and renewal

The rental period is mentioned in the quotation. Renewal cannot be tacit. The hirer must formulate expressly the request to TIBBLOC at least one week before the end of hire, by e-mail to info@tibbloc.fr, by fax to 02 40 35 38 66 or in writing to TIBBLOC – 1, the Breuillet – 44450 SAINT JULIEN OF CONCELLES – FRANCE. The agreement of TIBBLOC as to this renewal is not presumed, it will be indicated to the hirer in writing.

 

  1. Termination

13.1 In case of non-fulfillment of its obligations by one of the parties, the present contract will be terminated automatically, eight days after the sending of a formal notice with acknowledgment of receipt remained ineffective.

13.2 Tibbloc may, in this case, demand the return of all equipment rented to the hirer. If the hirer does not satisfy this refund, TIBBLOC will have the faculty to take back the rented equipment, and for this purpose to return on the site where the rented material is.

13.3 In the event of early termination of the contract at the request of the hirer or at the initiative of Tibbloc, the hirer will remain liable to TIBBLOC for all rents and services remaining due until the end of the contract, plus 15 % as a penalty clause.

 

  1. Other conditions

These general rental conditions apply to all rentals, including contracts or orders without specific indications. Any changes to these rental conditions must be made in writing. The modification of only one of these rental conditions does not entail the nullity of the whole contract.

 

  1. Jurisdiction clause

In the event of a dispute, the exclusive jurisdiction of the Commercial Court of NANTES is granted. The drafts or the acceptances of the regulations, do not constitute in any case a derogation to this clause attributive of jurisdiction, which remains valid even in the event of plurality of defendants or calls in guarantee.