General Conditions of Rental


Taking rental equipment implies the tenant's full and unreserved acceptance of these general rental conditions.
 
1- The rental takes effect when the tenant takes possession of the materials in our premises or at the reception during a delivery.
2- The materials must be returned during our opening hours.
3- For any rental, it will be required a financial guarantee, the delivery is made by any means accepted by LOCATOUMAT, who can cash at any time, without prior notice, to be returned after full payment of amounts due in LOCATOUMAT and return of the rented property in good condition. The amount of the financial guarantee does not limit the tenant's financial responsibility that can be incurred beyond.
4- Rooms to produce to rent: A piece of identity, a proof of recent domicile (EDF invoice, rent receipt, ...), and a purchase order for companies.
Minimum age: 18 years for equipment, 21 years for vehicles or trailers and more than 3 years of license.
5- The renter must inform the lessor (by fax or by going to the agency) of the cancellation of a reservation of equipment at the latest 24 hours before the agreed date. Otherwise, the rental of a day will be charged to the tenant.
6- It is forbidden for the tenant to sublet, lend, assign, pledge, or pledge the rented equipment, without the agreement of the lessor.
7- It is forbidden to remove or modify the property plates and / or the inscriptions affixed to the rented equipment. It is also forbidden to add without the permission of the lessor.
 

Article 1 - AVAILABILITY

 
The transport, loading, unloading, coupling and stowage of the equipment are the responsibility and under the responsibility of the tenant, except in case of delivery by LOCATOUMAT. In the event that the tenant can not use the equipment at the agreed date, for any reason beyond the control of Locatoumat, no recourse may be exercised against it in the form of damages. The signature of the lease by the tenant states that the equipment supplied has the specified characteristics and that it is in working order at the disposal. Taking possession of the equipment transfers legal custody to the tenant who assumes full responsibility within the meaning of Articles 1382 to 1384 of the Civil Code.
 

Article 2 - RENTAL PERIOD

 

The rental period starts from the day of the provision of equipment in the landlord's warehouse or on the site in case of delivery. This date is fixed on the contract or the delivery note. Upon delivery of the equipment, the risk burden is transferred to the tenant who assumes the physical and legal custody under his full responsibility. The rental and the related legal custody end on the day when all the equipment is returned by the tenant or taken back by LOCATOUMAT.
 

Article 3 - TERMS OF USE

 

1- The tenant certifies to be able to use the material that he undertakes to use himself or through his duly qualified, trained and authorized staff. Loan and sublease are strictly prohibited.
2- He undertakes to install and use the equipment in "good father", in accordance with its destination and the regulations in force, with prudence and diligence, to respect the instructions and instructions of use and safety, and to keep it constantly in good working order. It takes all necessary measures to ensure that the legal, regulatory or manufacturer's safety rules are applied. He is responsible for checking the nature of the soil or the subsoil of the site of use of the equipment, and of the respect of the rules governing the public domain and the taking into account of the environment. It is forbidden any modification, development or transformation of the material. Unless written agreement of LOCATOUMAT, it is authorized to use the material only in France. The use on the site of asbestos removal is prohibited, except to produce the restitution an asbestos removal certificate.
3- For property equipped with locking systems, burglar alarm or alarm, the tenant agrees, out periods of use, to lock them, lock the lock or activate the alarm, do not leave papers or keys in the cockpit.

 

Article 4 - TRANSPORT

 

The transport of the rented equipment, on the go as on the return, is carried out under the responsibility of the party who executes it or has it executed by a third party. In the case where the carrier is a third party, it is the party who has the transport performed who exercises the possible recourse. It is therefore up to this party to verify that all the risks, as well as the damage caused to the equipment that those occasioned by this one, are well covered by a sufficient insurance of the carrier. The cost of transport is the responsibility of the tenant.
In case of absence of the tenant or his representative on the site, the material can not be left on the site; nevertheless the transport and handling costs are due by the tenant.

 

Article 5 - MAINTENANCE OF EQUIPMENT

 
The tenant will carry out daily checks and topping up of all levels (oil, water, ...).
The control of the tire pressure and the repair of punctures is the responsibility of the tenant. Repairs in case of abnormal wear or parts breakage, due to improper use, accident or negligence, are the responsibility of the tenant. The tenant takes care of the daily washing after use, the correct charging of the batteries and the control of the levels. Refueling, oils, antifreezes are the responsibility of the tenant who will bear the cost in case of poor supply. The tenant will reserve to the renter a sufficient time to carry out the maintenance of the material, following a prior agreement on the dates of intervention. Unless otherwise stipulated, the time required for maintenance is an integral part of the rental period defined in Article 2.
 

Article 6 - REPAIRS - TROUBLESHOOTING

 
In case of breakdown, the tenant undertakes to inform the lessor at the earliest and the maximum within 24 hours by fax. The contract will be suspended during the repair period but remains in effect.
Any repairs are made at the initiative of the renter or the renter with the authorization of the renter. However, if the repair is made necessary by the proven fault of the tenant, the latter can not avail himself of the rights of this article. As a result, the lease continues in all its effects until the equipment is repaired.
 

Article 7 - TECHNICAL CONTROLS,VISITS - TESTS

 

In the event that the regulations in force so require, visits or tests of the rented equipment, the tenant is obliged to leave the rented equipment at the disposal of the inspection body.
The cost of regulatory visits remains the responsibility of the lessor.
The time required for visits is an integral part of the rental period within the limit of half a working day.
In the event that the visit reveals the inability of the rented equipment, the latter has the same consequences as a failure as stipulated in article 6.

 

Article 8 - RESPONSIBILITIES - GUARANTEES - DAMAGES - INFRACTIONS

 

The renter declares to transfer to the tenant the legal and material security of the rented equipment during the duration of the contract and subject to the clauses concerning the transport stipulated article 4.
The renter can in no way be held responsible to third parties for the material and / or immaterial consequences of a stop or breakdown of the rented equipment.
The tenant may not use the rented equipment for any purpose other than that for which it is intended; nor to use it in conditions different from those for which the renting was made or to violate the safety rules fixed by the legislation, the manufacturer or the renter.
However, the tenant can not be held responsible for the consequences due to latent defects of the rented material or the not apparent wear making the material unfit for the use for which it is intended.
Liability: The tenant is liable for damage caused to third parties by the rented equipment, all the time of the rental.

 

8-1- Motor vehicle registered vehicles:

The renter has taken out compulsory motor liability insurance for all damage caused to third parties by the vehicle involved in a traffic accident.
The tenant agrees to declare to the renter within 48 hours, by registered letter with acknowledgment of receipt, any accident caused by the vehicle or if the vehicle is involved.
Car rental liability insurance does not exempt the lessee from taking out Civil Liability Insurance to guarantee in particular the damage caused to third parties by these vehicles when they are not involved in a traffic accident.
The damage caused to the property belonging to the tenant and his agents remain excluded from the cover in civil liability of circulation guaranteed by the renter.
The franchise remaining the responsibility of the tenant in case of accident is registered on the contract departure of the rented equipment.
The consequences of non-compliance with the Highway Code remain the responsibility of the tenant.

 

8-2- Equipment other than vehicles:

The tenant must be covered by a "Civil Liability Insurance" insurance for damage caused to third parties by the equipment rented.
Damage to rented equipment (breakage, theft, fire, ...):

The tenant is responsible for the damage caused to the rented equipment during all the duration of the hiring. This damage can be covered in 2 ways:

8-2-1  The tenant insures the material with an insurance company or on his own money, it is specified that the damage is evaluated starting from the value to nine of the material.

8-2-2  The tenant accepts the "machine-theft break guarantee" offered by the renter.

This warranty covers damage to rented equipment under normal use as stipulated in clause 3.

Are excluded from this machine-theft breakage guarantee:

- The theft, loss or disappearance and degradation of the equipment, its accessories and parts when the tenant has not taken the necessary protective measures. (local locked, keys and / or papers left on the rented equipment, ...)

- Non-compliance with the rules standards and requirements mentioned in Article 3.

- Damage resulting from gross or intentional negligence.

- Punctures of tires, batteries, windows, lights, documents, etc ...

Pricing: 10% of the rental price in calendar. The franchise remains the responsibility of the tenant.

 

8-3- Deductibles - charges offenses:

8-3-1   Deductibles in the event of vehicle damage: Accident - theft (€ 3,000); Ice breakage (500 €); Impact (250 €); Civil liability (300 €).

8-3-2   Deductible in the event of equipment damage (€ 5,000).

8-3-3   The amount of the P.V. and cost invoice (s) remain the responsibility of the offender.

 

Article 9 - RETURN OF EQUIPMENT

 

At the end of the lease, the lessee is required to return the equipment in good condition, cleaned and refueled if necessary. The equipment is returned to the lessor's premises during opening hours or on the site in the event of recovery by the lessor (see article 4). The renter must be informed in writing (letter, fax) if the equipment is taken back by himself. The recovery puts an end to the legal custody of the equipment which was incumbent on the tenant. When the transport is carried out by the lessor, the legal guard stops when the renter takes possession of the material (cf article 4). Material recovery must be planned with the renter and confirmed in writing at least 24 hours in advance. In case of non-return of any equipment and / or accessories by the tenant and after formal notice and deadline fixed by registered letter with acknowledgment of receipt, the missing material will be charged to the tenant at its new value, according to the tariff in force at the date of non-return.

 

Article 10 - PAYMENT

 

In the absence of confirmation duly validated by the lessor, the payment means cash, net and without discount. In the absence of payment at any of the due dates, the other deadlines will become immediately due, even if they have given rise to drafts. Late payment penalties are due the day following the date of payment on the invoice or monthly statement, in the event that amounts owing are paid after that date. The tenant or buyer will therefore be liable for default interest calculated by application to the full amount due, interest equal to 3 times the legal interest rate. In addition, in the absence of payment of the due date, an indemnity of 15% calculated on the amount of the sums in question will be due as a penalty clause.

 

Article 11 - SOUND NUISANCES

 

The renter expressly acknowledges having read the acoustic characteristics of the equipment and undertakes to take all necessary measures to avoid any harm.

 

Article 12 - DISPUTES

 

Acceptance of these terms and conditions obliges not only the parties, but also their heirs, assigns, successors and representatives. The effects of the contract continue to run despite the death, the change of name, the liquidation of the property or the reorganization of the tenant.

 

Article 13 - AVOIDANCE CLAUSE

In case of non-performance by the tenant of an obligation to his load, including non-return of the equipment or failure to pay the invoice at the end of the term, the contract may be terminated automatically by LOCATOUMAT to the fault of the tenant 48h after implementation in default by registered letter with AR remained unsuccessful. In this case, LOCATOUMAT demands the immediate return of the equipment without prejudice to the sums due for the periods of renting due, under penalty of the penalties envisaged art. 9 or application of a daily allowance of immobilization equal to the daily rent, and of complaint under article 314-1 of the penal code. The tenant remains in any case responsible for the material and becomes depositary within the meaning of Art 1915 C Civ. He has no right to use it or dispose of it in any capacity whatsoever. In the event of early termination of a contract involving a fixed price fixed according to an incompresible lease term, LOCATOUMAT will receive an indemnity equal to the total rent remaining to be paid or will revise the price initially indicated according to the actual duration of the lease. rental.

 

Article 14 - JURISDICTION

 

In the event of dispute between the parties, and subject to the legislation in force, the Commercial Court of Angoulême has sole jurisdiction to hear any dispute to which the present will give rise.

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