The General Rental Conditions


The fact of taking equipment for hire 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 equipment on our premises or upon receipt during a delivery.
2- The materials must be returned during our opening hours.
3- For any rental, a financial guarantee will be required, the delivery of which is made by any means accepted by LOCATOUMAT, which may cash it at any time, without prior notice, subject to return it after full payment of the sums due. to LOCATOUMAT and return of the rented property in good condition. The amount of the financial guarantee does not limit the financial responsibility of the tenant who may be engaged beyond.
4- Documents to be produced for renting: An identity document, recent proof of address (EDF invoice, rent receipt, etc.), and an order form for companies. Minimum age: 18 years for equipment, 21 years for vehicles or trailers and more than 3 years of license.
5- The lessee must inform the lessor (by fax or by going to the agency) of the cancellation of an equipment reservation no later than 24 hours before the agreed date. Failing this, the one-day rental will be invoiced to the tenant.
6- The lessee is prohibited from subletting, lending, assigning, pledging or pledging the rented equipment without the lessor's consent.
7- It is forbidden to remove or modify the ownership plates and/or the inscriptions affixed to the rented equipment. It is also forbidden to add more without the authorization of the lessor.
 

Article 1 – PROVISION

 
The transport, loading, unloading, hitching and securing of the equipment are the responsibility of the tenant, except in the case of delivery by LOCATOUMAT.
In the event that the tenant cannot use the equipment on the agreed date, for a reason beyond Locatoumat's control, no recourse may be exercised against the latter in the form of damages.
The signing of the rental contract by the tenant confirms that the equipment provided has the characteristics specified and that it is in working order when it is made available.
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 – DURATION OF THE RENTAL

 

The rental period starts from the day the equipment is made available in the rental company's warehouses or on the site in the event of delivery. This date is fixed on the contract or the delivery slip. When the equipment is handed over, the risk is transferred to the lessee who assumes the material and legal custody of it 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 – USE OF EQUIPMENT

 
1- The lessee certifies that he is authorized to use the equipment he undertakes to use himself or through his duly qualified, trained and authorized personnel. Lending and subletting are strictly prohibited.
2- He undertakes to install and use the equipment as a "good father", in accordance with its destination and the regulations in force, with caution and diligence, to respect the instructions and notices for use and safety, and to keep it in good working order at all times. He takes all useful measures to ensure that the legal, regulatory or manufacturer's safety rules are applied. He is responsible for checking the nature of the ground or subsoil of the site where the equipment is used, and for compliance with the rules governing the public domain and the consideration of the environment. Any modification, arrangement or transformation of the equipment is prohibited. Except with the written agreement of LOCATOUMAT, it is only authorized to use the equipment in France. Use on the asbestos removal site is prohibited, unless an asbestos removal certificate is produced upon return.
3- For properties equipped with locking, anti-theft or alarm systems, the tenant agrees, outside periods of use, to lock them, lock the anti-theft device or activate the alarm, not to leave any papers or keys in the cabin.
 

Article 4 – TRANSPORTATION

 
 
The transport of the rented equipment, outward and return, is carried out under the responsibility of the party which performs it or has it performed by a third party.
In the event that the carrier is a third party, it is the party who has the transport carried out who exercises any recourse. It is therefore up to this party to verify that all the risks, as well as the damage caused to the equipment and those caused by it, are indeed covered by sufficient insurance from the carrier.
The cost of transport is the responsibility of the tenant.
If the tenant or his representative is absent from the site, the equipment cannot be left on the site; nevertheless the transport and handling costs are due by the tenant.
 
 

Article 5 – EQUIPMENT MAINTENANCE

 
 
The tenant will carry out daily checks and topping up of all levels (oil, water, etc.).
Checking tire pressure and repairing punctures is the responsibility of the tenant. Repairs in the event of abnormal wear or breakage of parts, due to improper use, accident or negligence, are the responsibility of the tenant.
The tenant is responsible for the daily washing after use, the correct recharging of the batteries and the control of the levels.
Refilling fuel, oils, antifreeze are the responsibility of the tenant who will bear the cost in case of poor supply.
The lessee will reserve sufficient time for the lessor to carry out the maintenance of the equipment, 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 the event of a breakdown, the lessee undertakes to inform the lessor as soon as possible and at most within 24 hours by email. The contract will be suspended for the duration of the repair but remains in force. Any repairs are made at the initiative of the lessor or the lessee with the authorization of the lessor. However, if the repair is made necessary by the proven fault of the tenant, the latter cannot avail himself of the rights of this article. Consequently, the rental continues in all its effects until the repair of the equipment.
 

Article 7 – TECHNICAL CONTROLS, VISITS - EVENTS

 
In the event that the regulations in force so require, visits or tests of the rented equipment, the tenant is required 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 the 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 inadequacy of the rented equipment, the latter has the same consequences as a failure as stipulated in article 6.
 
 

Article 8 - RESPONSIBILITIES - GUARANTEES - DAMAGES - INFRINGEMENTS

 

The lessor declares to transfer to the lessee the legal and material custody of the rented equipment during the term of the contract and subject to the clauses concerning transport stipulated in article 4. The lessor can in no way be held liable to third parties for the material and/or immaterial consequences of a stoppage or breakdown of the rented equipment. The lessee may not use the rented equipment for any purpose other than that for which it is intended; nor use it in conditions different from those for which the rental was made or even infringe the safety rules set by the legislation, the manufacturer or the rental company. However, the tenant cannot be held responsible for the consequences due to hidden defects of the rented equipment or non-apparent wear and tear rendering the equipment unsuitable for the use for which it is intended. Civil liability: The tenant is liable for damage caused to third parties by the rented equipment, throughout the rental period.
 

8-1- Registered motor vehicles:

The lessor has taken out compulsory automobile liability insurance for all damage caused to third parties by the vehicle involved in a traffic accident.
The lessee undertakes to declare to the lessor within 48 hours, by registered letter with acknowledgment of receipt, any accident caused by the vehicle or if the vehicle is involved.
The lessor's automobile liability insurance does not exempt the lessee from taking out company civil liability insurance in order to guarantee, in particular, damage caused to third parties by these vehicles when they are not involved in a traffic accident.
Damage caused to property belonging to the lessee and his employees remains excluded from the traffic civil liability coverage guaranteed by the lessor.
The deductible remaining payable by the renter in the event of an accident is listed on the departure contract for 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 hirer must be covered by “Company Civil Liability” insurance for damage caused to third parties by the equipment hired.
Damage caused to rented equipment (breakage, theft, fire, etc.):
The tenant is responsible for damage caused to the rented equipment throughout the duration of the rental. This damage can be covered in 2 ways:
 
8-2-1 The lessee insures the equipment with an insurance company or on his own money, it is specified that the damage is assessed on the basis of the replacement value of the equipment.
 
8-2-2 The lessee accepts the "breakage of machine-theft guarantee" offered by the lessor.
This guarantee covers damage caused to the rented equipment in the context of normal use as stipulated in article 3.
The following are excluded from this machine breakage-theft guarantee:
- The theft, loss or disappearance and damage to the equipment, its accessories and parts when the tenant has not taken the necessary protective measures. (locked room, keys and/or papers left on the rented equipment, etc.)
- Failure to comply with the rules, standards and prescriptions mentioned in article 3.
- Damage resulting from gross or intentional negligence.
- Punctures of tyres, batteries, windows, lights, documents, etc.
Pricing: 10% of the calendar rental price. The deductible remains the responsibility of the tenant.
 

8-3- Deductibles - infringement costs:

 
8-3-1 Deductibles in the event of vehicle damage: Accident - theft (€3,000); Broken glass (€500); Impact (250€); Civil liability (300€).
8-3-2 Excess in the event of damage to machinery : 10% of the purchase price, without exceeding €5,000.
8-3-3 The amount of the P.V. and invoice(s) for costs remain the responsibility of the offender.

 

Article 9 – RETURN OF EQUIPMENT

At the end of the rental contract, the tenant is required to return the equipment in good condition, cleaned and filled with fuel 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 lessor must be informed in writing (letter, fax) in the event of recovery of the equipment by himself. The takeover puts an end to the legal custody of the equipment which was the responsibility of the tenant. When the transport is carried out by the lessor, legal custody ceases when the lessor takes possession of the equipment (see article 4). Returns of equipment must be planned with the lessor and confirmed in writing at least 24 hours in advance. In the event of non-return of any equipment and/or accessories by the tenant and after formal notice and deadline set by registered letter with acknowledgment of receipt, the missing equipment will be invoiced 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 an account duly validated by the lessor, payment is understood to be in cash, net and without discount. In the absence of payment on any of the due dates, the other due dates will become immediately payable, even if they have given rise to drafts. Late payment penalties are due the day following the date of payment appearing on the invoice or monthly statement, in the event that the sums due are paid after this date. The tenant or buyer will therefore be liable for default interest calculated by applying to all the sums due, an interest equal to 3 times the legal interest rate. In addition, in the absence of payment by the due date, there will be due as a penalty clause, an indemnity of 15% calculated on the amount of the sums in question.
 

Article 11 – SOUND NUISANCES

 
The tenant expressly acknowledges having read the acoustic characteristics of the equipment and undertakes to take all measures to avoid any nuisance.
 

Article 12 – DISPUTES

 
Acceptance of these conditions binds not only the parties, but also their heirs, assigns, successors and representatives. The effects of the contract continue to run despite the death, change of corporate name, liquidation of assets or receivership of the tenant.
 

Article 13 – CANCELLATION CLAUSE

 

In the event of non-performance by the tenant of an obligation for which he is responsible, in particular non-return of the equipment or failure to pay the invoice on the due date, the contract may be terminated automatically by LOCATOUMAT at the fault of the tenant 48 hours after formal notice by registered letter with AR remained unsuccessful. In this case, LOCATOUMAT requires the immediate return of the equipment without prejudice to the sums due for the expired rental periods, under penalty of the penalties provided for in art. 9 or the application of a daily immobilization allowance equal to the daily rent, and a complaint under article 314-1 of the penal code. The lessee remains in any case responsible for the equipment and becomes the depositary within the meaning of Art 1915 C Civ. He has neither the right to use it nor to dispose of it in any capacity whatsoever. In the event of early termination of a contract comprising a fixed price fixed according to an incompressible duration of rental, LOCATOUMAT will receive compensation equal to the totality of the rent remaining to run or will revise the price initially indicated according to the effective duration of lease. Article 14 – JURISDICTION In the event of a dispute between the parties, and subject to the legislation in force, the Commercial Court of Angoulême has sole jurisdiction to hear any disputes to which these presents may give rise.

 

Article 14 – JURISDICTION

In the event of a dispute between the parties, and subject to the legislation in force, the Commercial Court of Angoulême has sole jurisdiction to hear any disputes to which these presents may give rise.

 

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