1. Objective: This agreement is on the one hand, concluded between the Company with the trade name “mateco Hellas Ltd.”, Rental and Sale of Work Equipment, henceforth called the “Lessor” for short, as legally represented in sighing herein, and on the other by the Lessee, whose name appears on the front page of this agreement and is governed by the following terms and conditions as well as those that appear on the front page of this agreement. With this agreement, the Lessor leases, delivers and rents to the Lessee, in compliance with the terms and conditions herein, tenancy and use of the aerial platform or work platform, as well as any other equipment that may possibly replace the above, with all their parts and equipment, henceforth called the “equipment” for short.
2. Rental period: The term of this agreement commences on the date this is signed and the equipment is delivered, which appears on the front page of the agreement. Minimum rental period for equipment is 8 hours, unless a shorter term is been agreed upon.
3. Rental charges:
3.1 The equipment rental charges are annotated on the front page of this agreement. The rental charges fully correspond to the rental value of the equipment, and the lessee recognizes that he does not have any rights and in any case resigns from any right to contest this charge or request a reduction. The rental charge remains fixed for term of this agreement and is not readjusted except in the event the Lessee agrees upon another charge after the fact and accepts this in writing.
3.2 The rental charge only pertains to use of the equipment. Transportation to and from our facilities is considered rental time. When weather conditions, bad terrain conditions or inadequate preparation on the customer’s part does not allow work to begin or to continue, we have the right to charge the whole rental time if the lessee cannot prove that our loss is reduced because the equipment is leased to another customer.
3.3 As an indication, the following are not included in the rent charge:
a) The legal VAT charge in effect b) Fuel expenses, c) Fines for driving violations or violation of any other regulation or administrative fines, d) Additional kilometers used above the 100km per day of lease, e) Fees and charges of any kind imposed as well as toll fees, f) The procedure and expenses for issuing of permits from various services, g) The required insurance for the work area that the equipment will be employed.
3.4 With respect to automobiles, the lessee is obliged to pay the Lessor the amount agreed upon that corresponds to every additional kilometer above 100km per day.The final calculation of additional kilometer compensation will be performed at the end of this lease term, when the equipment is delivered to the Lessor, at which time the whole resulting amount is payable by the Lessee.
3.5 Payment of invoices is performed within 15 days from the invoice date of issue, unless another agreement has been concluded. The Lessor has the right to demand a corresponding advance payment or payment of installments during the term of lease.
4. Delivery – acceptance:
4.1 The equipment was delivered today to the Lessor in excellent condition, free of any real or other defect. The Lessor has examined the equipment carefully, performed a test, deemed it according to his liking and received it without any reservation. Signing of this agreement is also proof of delivery of the equipment to the Lessor and his acceptance.
4.2 During delivery, the Lessee is obliged to be informed of the contents of all documents that were delivered before commencement of the agreement and to follow instructions.
4.3 After the term of this lease has expired, the Lessee is obliged to return and deliver to the Lessor the equipment along with all pertinent documents in the same condition it was received and at the place and time previously agreed upon, and with the same amount of fuel that it was delivered to the Lessee. Any difference in the fuel quantity will be calculated according to the fuel gauge on the dashboard and it shall burden the Lessee. Electrically powered equipment shall be delivered and accepted fully charged. In case the equipment delivered by the Lessee is not charged, the charging cost, according to the type of equipment shall burden the Lessee. The Lessee is also obligated to announce to the Lessor upon delivery any fines that may have been imposed due to driving violations or any other violation of current regulations or any administrative fines imposed and immediately pay the respective fines. In case the Lessee omits to do this, he is liable for any expenses paid by the Lessor. In case delivery of the equipment is delayed, the Lessee is obliged to pay the Lessor the rental charge that corresponds to the hours or days of delayed delivery of the equipment according to the Lessor’s pricelist in effect and to fully compensate the Lessor for any positive and consequential damage he may suffer. Equipment is returned only during store operating hours, unless a different time has been agreed upon.
5.1 Equipment must be used exclusively according to the terms herein and the regulations and laws in effect, by persons to who the Lessor has demonstrated their method of operation and at their own responsibility towards regulations, laws and stipulations for prevention of accidents.
5.2 The Lessee is obliged to use the equipment with the utmost attention during transportation and operation and avoid anything that could cause an accident.
5.3 The Lessee and authorized drivers / operators are obliged to take care of the equipment, to copiously examine its mechanical condition, the level of oil and water, the tires, the level of battery fluid, etc., and to take precautions and any necessary measure for smooth and normal operation of the equipment.
5.4 If damage or malfunctions are detected during the rental period that do not allow safe continuation of its use, the Lessee is obliged to interrupt operation of the equipment and immediately inform the Lessor. Any repairs or intervention in general on the equipment by the Lessee, authorized operators or any other third party without prior written approval by the Lessor is prohibited. In case of equipment malfunction, the Lessor is obliged to repair it within a reasonable amount of time and if this is not possible to substitute it with another of the same or similar type.
5.5 The Lessee is responsible for the condition of the terrain and for the operational ability of the equipment and is obligated to be informed of any possible obstacles on the site where the equipment is to be employed, such as underground pipes, shafts and possible weight restrictions for floors and roads.
5.6 If the Lessor is called for a failureand it is proven that this is due to negligence or non compliance with use instructions on the part of the Lessee, the Lessee is obliged to pay the repair expenses.
5.7 Use of the equipment is not permitted:
a) By any person under 23 years of age
b)By any person who does not hold a driver’s license or acquired one during the last twelve months
c) By any person who holds a driver’s license but this has been revoked during the period before the rental period
d) For transportation of persons or items for a fee
e) For towing cars or other objects
f) For sub-leasing to third parties
g) By any third person other than the Lessee and authorized drivers / operators
h)In order to transport or move heavy loads or objects, flammable materials, polluting or malodorous objects, narcotics, weapons or any other objects that legislation in effect prohibits their possession or transport or that may endanger in any way the safety of the equipment, its passengers or third parties.
i) It is not allowed to load the equipment on a ship or transport it outside Greece without prior written approval by the Lessor.
j) If the operator of the equipment is under the influence of alcohol, hallucinogens, drugs, barbiturates or any other substance that has an effect on the operator’s driving ability and perception, or if he is in a general state of reduced ability to drive and understand.
k) In violation of any traffic, customs or other regulation in effect
l) For any illegal purpose or criminal act
m)To teach third parties how to drive
n) To load the equipment beyond the maximum load allowance annotated on it
o) For any sandblasting work in general
p)In violation of any stipulation of this agreement
6.1 In case of an accident or any other unfortunate incident (fire, theft, loss, etc.), the Lessee or authorized operator is obliged to immediately follow this procedure: a) To call the police b) To make a note of the full names and addresses of eye witnesses and any third party involved in the incident, c) To not recognize any claim from third parties, d) To immediately notify the Lessor by phone or by any other means, e) To collect any relevant information on all third parties and any relevant document or other item (e.g. photographs, etc.) and forward these to the Lessor, f) To complete and sign the corresponding declaration (accident, etc.).
7. Insurance coverage:
7.1 Insurance coverage is mandatory according to the Lessor’s current pricelist in effect.
7.2 All the minimum amounts stipulated by Law apply for all insurance coverage as well as the additional amounts agreed between the Lessor and the insurance agency he cooperates with.
7.3 The insurance coverage provided shall apply under the condition that the equipment is used in full compliance with the conditions and stipulations of this agreement and corresponding insurance policies. In the opposite case, the Lessee and authorized operators are fully, jointly and entirely liable for full settlement of any possible damage incurred and shall have absolutely no claim from the Lessor. As an indication but not restricted to, the insurance coverage provided, including the special clauses above, does not include: a) damage, wear or loss of items inside the equipment (operator’s cabin) b) any possible loss or wear of accessories that is not covered by insurance and for which the Lessor bears no responsibility whatsoever.
7.4 The Lessor is entitled to collect directly any indemnity funds paid by insurance companies pursuant to the relevant agreements, in case any insurance risk arises. The Lessee and authorized operators do not have nor do they gain any right or claim on the funds in question.
8. DISCLAIMER OF LIABILITY: The Lessor is liable only in case of fraud or heavy negligence on its part. Under all other circumstances (including light negligence, chance or force majeure), the Lessor is held harmless of any liability and claim made against him. Furthermore, the Lessor is not liable whatsoever for any loss of items (tools) transported in the equipment or abandoned in it after delivery.
9. OWNERSHIP: During the rental period, the Lessor retains exclusive ownership and residuary right of possession of the rented equipment. This agreement is exclusively a rental agreement and the Lessee recognizes that he does not hold and does not acquire any rights other than those restrictively annotated herein. The Lessee is not permitted to avail in any manner, to allow the use or to recommend any rights on the equipment to third parties. Under no circumstances can the Lessee be considered a agent or representative of the Lessor.
10. VIOLATION OF RENTAL CONDITIONS:
10.1 The Lessee and the authorized operators of the equipment are fully, jointly and entirely liable towards the Lessor for full, true compliance with all conditions and stipulations of this agreement.
10.2 In case the Lessee or authorized operators violate or attempt to violate any of their obligations pursuant to this agreement or if the information and other data they give to the Lessor are not accurate, the Lessor is entitled at his absolute discretion to either persist on this agreement or to terminate it, demanding in each case indemnity for every positive or consequential damage he has suffered and payment of all possibly delayed rental charges. In case this agreement is terminated, the Lessor is entitled to exercise all rights arising from his ownership and residuary possession. In case this agreement is terminated, all funds owed by the Lessee, which arise from the terminated agreements, become ipso jure past due and payable automatically.
10.3 In case the Lessee proceeds with unilateral termination of this rental agreement before expiration of the agreed period, he is obligated to fulfill all his obligations that arise from this agreement and especially those in the preceding article.
10.4 This agreement will be automatically cancelled ipso jure if the Lessee, in case he is a natural person, dies or is placed under legal or judicial restriction or perception or, if it is a legal entity, it is dissolved or placed under liquidation. This agreement is also automatically cancelled ipso jure in case of bankruptcy, submission of request for bankruptcy or cease of payments by the Lessee, dispute of his solvency as indicatively in case of confiscation, mandatory auction, or compulsory administration of any of its assets.
11. NON-WAIVER:If the Lessor does not exercise or delays exercising his rights that arise from this agreement this does not constitute and cannot be considered a waiver from the above.
12.JURISDICTION:Any difference arising from this agreement, including differences with respect to its interpretation, force or implementation is subject to the exclusive jurisdiction of the Courts of Thessaloniki.