1. DURATION OF RENTAL
The rental takes effect on the day the devices are made available to the carrier at the rental company’s premises or in any other place where they are stored. The rental ends when the rented equipment returns to the lessor’s warehouses or to any other place designated by the lessor, a written confirmation of the rental termination by the lessee must be sent to the lessor beforehand. The rental period will be notified beforehand on the offer. The minimum duration of any rental is one week.
2. DELIVERY, ASSEMBLY-DISASSEMBLY
Delivery can be made either by an independent carrier chosen by the tenant, or by the delivery service of the Lessor. In all cases, the delivery costs are entirely the responsibility of the tenant. The tenant agrees to be present when the equipment is delivered.
including commissioning and dismantling
The cost of assembling and dismantling the rented equipment is not included in the rental price or in the delivery price, but is indicated on the service offer. For the planning of loading and return transport, the tenant agrees to notify by e-mail to firstname.lastname@example.org, by fax to 02 40 35 38 66 or by post to TIBBLOC – 1, le Breuillet – 44450 SAINT JULIEN DE CONCELLES – FRANCE, at least one week before the date of assembly or dismantling.
3. RENTAL PRICE
The rental price will correspond to those indicated on the offer, net excluding taxes.
4. PAYMENT TERMS
4.1 Rental invoices are payable, unless otherwise agreed, 30 days end of month from date of invoice. at the rate of three times the legal interest rate in force. Late payment penalties are payable without a reminder being necessary. In addition, pursuant to Article D 441-5 of the Commercial Code, the amount of the lump sum compensation for recovery costs is set at forty (40) euros. This indemnity, distinct from the penalties for late payment, is automatically due by the defaulting tenant, without prejudice to the right of the lessor to request additional compensation in the event that the latter justifies recovery costs in excess of this amount.
4.3 The lessee expressly accepts that any unpaid entails the forfeiture of the term for invoices not due, and the option for the lessor to terminate the contract, 8 days after the sending of a registered formal notice with acknowledgment of receipt, remained without effect. The lessor may, in this case, demand the return of all the equipment rented to the lessee.
4.4 The amount of the security deposit depends on the amount of the rental and the value of the equipment and is indicated in the service offer. This deposit is returned to the tenant 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 invoices that have remained unpaid.
5. TENANT’S COMMITMENTS
5.1 RECEPTION – PROVISION AND RETURN OF EQUIPMENT
5.1.1 A descriptive statement of the equipment is attached to this contract. It is the lessee’s responsibility to check the conformity and good working order of the equipment when handing it over. In the absence of such checks, subsequent complaints relating to apparent disorders would be inadmissible. Consequently, when handing over the rented equipment, and in the absence of a complaint from the tenant, the latter acknowledges having received equipment that is compliant and in perfect working order and cleanliness.
5.1.2 The lessee undertakes to return the equipment in the condition in which he received it and stored in the same condition. All repair costs will be invoiced to the lessee in addition to the cost of the rental.
5.2 GROUND PREPARATION
The lessee undertakes to provide and place planks or equivalent elements on the ground in an adequate manner in the event that the quality of the ground requires it to ensure the operation and/or movement of the equipment, and this in particular in the event that the ground would be unstable and/or not horizontal.
5.3.1. The lessee undertakes to insure the equipment and himself at his own expense 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 breakdown, vandalism and deterioration of equipment.
5.3.2. The lessee undertakes to provide the lessor with a certificate of insurance imperatively before the delivery of the equipment. Failing this, the tenant will be deemed to exercise the option below.
5.3.3 The lessee may opt for the insurance of the rented equipment taken out by the lessor in the name and on behalf of the lessee. With regard to theft, fire and machine breakage of its equipment on the site, the lessor has the equipment insured at the rate of 9% of the amount of the rents excluding taxes (to be completed for deductible according to rental contract). Furthermore, the theft of cables, consumables, pipes and sheaths is excluded from the insurance. The lessor will be subrogated in the rights of the lessee with regard to his insurance company. The general and special conditions of the aforementioned insurance policy are available on request from the rental company.
5.3.4 If the equipment is involved in an accident resulting in bodily injury or material damage, the lessee must immediately notify the lessor by telephone (N° Azur 0810 310 307) and confirm this in writing to the address of the lessor’s registered office. The lessee may not, under any circumstances, make a commitment in the name and on behalf of the lessor or make an acknowledgment, offer, promise, payment or indemnity having an impact on the rights and obligations of the lessor without the prior written agreement of this one.
5.4 FREE ACCESS TO RENTED EQUIPMENT
Lessee agrees to allow Lessor’s employees, servants and insurers safe and adequate access to the Equipment at all times. In the absence of access, or if access is delayed solely because of the lessee, the latter will be liable for any loss or damage suffered by the lessor, its employees, agents or insurers.
6. CONDITIONS OF USE OF THE EQUIPMENT
6.1 Work at a height greater than 2 meters – Except for special services and provisions specified in the service offer, the lessor’s staff are authorized to work at a height on the sole condition that the collective protection complies with the standards in force relating to safety. and workers’ health.
6.2 EQUIPMENT OPERATION
6.2.1 This contract has the effect of transferring the legal and material custody of the rented devices to the tenant throughout the rental period. The lessee undertakes to ensure the operation of the equipment as a good father by providing all the necessary care and vigilance required, in particular in accordance with the instructions which will be given to him by the lessor and the prescriptions which appear in the technical notice. use of equipment.
6.2.2 The lessee must use the equipment in accordance with the conditions defined in the service offer. Any modification of these conditions, and in particular of the periodic operating times, must be immediately brought to the attention of the lessor. The lessee must also use fuels and consumables suitable for the proper functioning of the equipment. The lessee ensures that the equipment does not suffer from overload (in particular an overrun of the nominal capacities specific to the equipment) or deterioration.
6.2.3 He must carry out a regular examination of the equipment and undertakes not to operate it if it has become defective, damaged or dangerous or if its condition no longer complies with the applicable laws and regulations and with the notify the lessor without delay. The tenant will be solely responsible for any damage, loss or accident resulting from non-compliance with the instructions defined herein.
6.2.4 In the event that the equipment suffers a breakdown or other damage due to the lessee’s non-observance of one of the contractual provisions, he will then be liable to the lessor :
– the cost of repairs ;
– the rent due by the tenant for the equipment covered by the rental contract, despite its lack of use, to which will be added the rent due under the same price conditions set by the service offers for the replacement equipment if the lessee makes the request and without however the lessor being required to access it.
6.3 INSTALLATION, CONNECTION, COMMISSIONING, DISASSEMBLY
The installation and dismantling of the equipment are carried out by the lessor according to the methods specified in the service offer. The electrical connections of the equipment on the tenant’s site will be made by the tenant under his sole responsibility. The commissioning of the equipment will be carried out by the lessor unless otherwise agreed between the parties. A commissioning carried out by the tenant without the express, prior and written agreement of the lessor will result in the exclusive responsibility of the tenant.
6.4 COMPLIANCE WITH APPLICABLE LEGISLATION
The lessee is responsible for choosing the installation site for the rented equipment. He undertakes to comply with the laws, regulations and texts applicable to the installation, use and operation of the equipment. In particular, the lessee declares and guarantees to the lessor that he holds the license to operate the rented equipment. The lessee must, where applicable, obtain parking and/or operating permits from the competent authorities. In addition, the lessee undertakes to comply with all the standards in force and applicable in terms of prevention and safeguards specific to ensuring the safety of persons, particularly with regard to the regulations on public buildings.
6.5 SITE CHANGE
The equipment may not be moved from the site identified in the service offer without the prior written consent of the lessor under penalty of immediate termination of the rental contract without notice.
6.6 RETURN OF EQUIPMENT
6.6.1. The lessee must, upon completion of the rental period or upon termination of the contract for any reason whatsoever, return the equipment to the lessor in the condition in which it was delivered. In the event that the lessee does not return the equipment and its accessories for any reason whatsoever, the lessee must fully pay for the rented equipment at the value estimated by the lessor. In this case, the lessor will continue to invoice the lessee for rent until full reimbursement of the equipment concerned.
6.6.2. Return of non-ADR fuel oil tanks – In accordance with the regulations for the transport of dangerous goods, fuel storage tanks of more than 3m3, not ADR approved, cannot be used to carry out fuel transport operations. Consequently, they must be pumped out 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 fuel and the degassing of this tank would be the responsibility of the tenant. The latter may ask the lessor to carry out tasks, the price of which will be defined in the service offer.
6.7 AMBIENT CONDITIONS
The ambient conditions (temperature and hygrometry) are defined as being the average of four readings taken between 12 p.m. and 1 p.m. solar, with a calibrated and approved metrology device. The readings must be taken at two meters elevation and less than five meters away from the base of our equipment. The tenant will bear any damage resulting from freezing or any damage thus caused to the rented equipment.
6.8 WATER QUALITY
The tenant must use a water quality strictly defined in the service offer. Any damage caused to the rented equipment due to non-compliant water quality will result in the exclusive responsibility of the tenant.
6.9 ENVIRONMENTAL COMMITMENT
The lessor undertakes to respect and develop the principles of a strict environmental policy:
– Eco-design in the manufacture of its equipment, reduction of energy consumption, reduction of sound and gaseous emissions, control of NOX emission factors.
– Waste management, recovery and traceability of consumables (fuel and lubricant)
The cost relating to the above is defined in the service offer.
7. MAINTENANCE AND OPERATION
Throughout the rental period, the lessee is responsible for the upkeep, 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 burner combustion control, the sweeping of the heating body, the regulatory maintenance, the operating control, and the monitoring of the water quality in accordance with the service instructions of the equipment and the regulations in force are the responsibility of the tenant.
Repairs related to normal wear and tear of the device are the responsibility of the lessor. If repairs are carried out during the execution of the contract by the lessee without the express prior written agreement of the lessor, the costs will remain the responsibility of the lessee. Repairs due to improper use of the equipment by the tenant or by a third party are the sole responsibility of the tenant. In the event of malfunction of the rented equipment, the tenant undertakes to notify the renter in writing as soon as the disorder occurs, under penalty of full invoicing of the rental. In addition, any damage, theft, or seizure suffered by the equipment must be immediately reported to the lessor.
9. RENTER’S RESPONSIBILITY
The lessee is liable for damage caused by the use of the rented equipment, even if the damage is the result of a breakdown of the equipment. The tenant will be liable, even in the absence of fault, for damage, loss, theft or fire of the equipment and even if they result from a case of force majeure, a fortuitous event or 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 tenant will not be able to claim any compensation or reduction in rent, and will remain liable for all rents.
The tenant is responsible on his site for the means implemented for cranes and slinging. He is also in charge of:
– All procedures for declaring and obtaining the operating authorizations required by the regulations in force at the place of use of the rented equipment. The lessor cannot be held responsible for the fact that the operating permit is not obtained by the lessee.
– Authorizations for access, parking and operation of machines as well as their marking.
– The positioning of the machines inside the site if necessary.
– The provision of electrical power to supply the lessor’s facilities.
– The connection of all the lessor’s equipment to the lessee’s installation will be the responsibility of the latter.
These operations must be performed by qualified personnel authorized to perform them, in accordance with the applicable regulations. The lessor’s staff is not authorized to carry out the following operations: any holes in the walls for the passage of our tubes, ducts or cables.
– The tenant must take all the necessary measures to respect the environment and the regulations relating thereto during the installation of the equipment and throughout the duration of the rental of the equipment. Any damage or damage to the environment is the sole responsibility of the renter.
10. LESSOR’S RESPONSIBILITY
All the equipment made available to the tenant is under the responsibility of the lessor:
– during the transport of the equipment, if this transport is organized by the lessor.
– during the assembly and dismantling of the equipment on the lessee’s site on the condition that this operation is entirely under the control of the lessor.
11. EXEMPTION FROM LIABILITY OF TIBBLOC
11.1 EXEMPTARY CAUSES
The lessor will in no way be held liable in the event of delays or non-performance of the contract and the consequences thereof, if these failures are attributable to a case of force majeure, as defined by the Civil Code and the French courts. , or events such as strikes, lockouts, demonstrations, civil unrest, acts of war, natural disasters or any other cause external to the lessor.
11.2 INDIRECT DAMAGES
In any event, the lessor cannot be held liable to the lessee for any indirect loss (including in particular loss of profit and/or loss of profit) suffered by the lessee, including when the damage results from a violation of contract, negligence, damage, or any other fault attributable to the lessor or its employees, servants or agents.
12. DURATION OF RENTAL AND RENEWAL
The rental period is that provided for in the service offer. Renewal cannot be tacit. The tenant must expressly formulate any request for renewal of the contract to the lessor at least one week before the end of the term, by e-mail to email@example.com, by fax to 02 40 35 38 66 or by post to TIBBLOC – 1, le Breuillet – 44450 SAINT JULIEN DE CONCELLES – FRANCE. The lessor’s agreement to this renewal of the contract is not presumed and must be expressly prior and in writing.
13.1 In the event of non-performance of its obligations by one of the parties, this contract may be terminated by the other party, eight days after the sending to the defaulting party of a registered formal notice with acknowledgment of receipt which has remained without effect. .
13.2 In the event of termination of the contract, all of the equipment must be returned to the lessor within the time limit communicated by the latter. If the lessee does not meet this obligation, the lessor shall have the option of repossessing the rented equipment, and for this purpose to return to the site where the rented equipment is located.
13.3 In the event of early termination of the contract at the tenant’s request or on the lessor’s initiative for the fault of the tenant, the tenant will remain liable to the lessor for all the rents and services remaining due until the end of the contract. , increased by 15% as a penalty clause.
14. OTHER TERMS
These general rental conditions apply to all rentals granted by the lessor, unless otherwise specified. Any changes to these rental conditions must be made in writing. The modification of only one of these rental conditions does not invalidate the entire contract.
15. JURISDICTION CLAUSE
In the event of a dispute, exclusive jurisdiction is attributed to the Commercial Court of NANTES. Drafts or acceptances of regulations do not in any way constitute a derogation from this jurisdiction clause, which remains valid even in the event of multiple defendants or warranty claims.