Terms and conditions for rental
- The Lessor shall provide the Lessee with a construction machinery with an operator for the performance of the works indicated by the Lessee.
- The Lessee or the representative appointed by the Lessee shall assign duties to the operator.
- When using the machinery, the Lessee shall be guided by the good practice and the operating instructions of the machinery. In the event that the Lessee fails to comply with the above, the operator shall have the right to refuse to perform the work.
- The person authorized by the Lessee shall sign the machinery’s daily worksheet. The Lessee shall pay the invoices drawn up on the basis of the signed daily worksheets by the due date.
- Upon loss or destruction of the machinery, the Lessee shall pay the Lessor an amount corresponding to the retail price of a similar new machinery as a compensation for damage.If the machinery is damaged, including as a result of a vandalism act, or if the value of the machinery is reduced for other reasons more than its normal wear and tear in reasonable use, the Lessee shall pay the Lessor an amount corresponding to the market price of the repair work and material.
The principles of indemnification referred to in clause 5 of these terms and conditions apply irrespective of the action or omission of the Lessee, inter alia, when the machinery gets stolen, lost or is destroyed for any other reason, except in the event of a breakdown of the machinery due to the operator’s actions.
- The risk of accidental destruction of the machinery is transferred to the Lessee from the moment of transfer of the possession of the machinery to the Lessee. The Lessee is fully and exclusively responsible for the machinery from the date of the receipt of the machinery until the return of the machinery to the Lessor.
The loss, destruction or damage of the machinery for reasons beyond the control of the Lessee shall not limit the Lessee’s full and exclusive liability. The Lessor and the Lessee confirm that the Lessee is not permitted to prove on the basis of subsection 334 (2) of the Estonian Law of Obligations Act or on any other basis that destruction, loss, etc. occurred in circumstances not due to the Lessee.
- If necessary, the Lessee shall arrange accommodation for the operator and bear all related costs. If for any reason the Lessee is not able to do that, the additional hourly rate 1 EUR will be added to the hourly rent of the machinery.
- In case of machinery rental, the minimum working time is 6 hours per working day. If the Lessee actually uses the machine for fewer hours, it still is obliged to pay for 6 (six) hours.
- The Lessee shall pay 10% higher hourly rate for the services provided during the weekend, in the evening and at night and on public holidays unless otherwise agreed. Evening hours start at 6 pm and end at 10 pm. Night hours start at 10 pm and end at 6 am.
- The Lessor shall organize the fuel supply of the machinery at its own expense, unless otherwise agreed. In the event that the machinery shall not be transported to the Lessor for parking outside working hours, the Lessee shall arrange the parking of the machinery at its own expense.
- The Lessee is responsible for the safety at the construction site and keeps the work area clear of unauthorized persons and machinery.
- The Lessee is prohibited from transferring the machinery to third parties without a written consent of the Lessor.
- All claims regarding the quality of the ordered machinery and the operator’s work, etc. must be submitted in writing without delay, accompanied with relevant evidence. In order to settle the claims, the representative of the Lessor shall be promptly invited to the site.
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