General Terms and Conditions are the agreements made between the business and its customers. General Terms and Conditions refer to the standard provisions drawn up by one party without negotiation. The aim is for them to be used regularly in commercial transactions or to supplement agreements that are already in place.
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ATL Renting Sp. z o. o., registered at ul. Rabowicka 9a, 62-020 Jasin.
GENERAL RENTAL TERMS AND CONDITIONS
No. OW20130904ED4
Art. 1 General Provisions
1. These General Rental Terms and Conditions (Terms) apply to all Rentees who have concluded an agreement with ATL RENTING sp. z o.o., hereinafter referred to as the Renter.
2. Representatives and agents of ATL RENTING Sp. o.o. are not authorized to conclude any agreements without the consent of the Board.
3. Invalidity, cancellation or ineffectiveness of one or several provisions hereof shall not affect the validity of the remaining terms and conditions.
4. The Rentee is not entitled to establish any rights on the Rented Item.
5. The Rentee agrees to inform the Renter in a reliable and accurate manner of any changes in the information previously provided to the Renter.
6. Depreciation for tax purposes during the term of the agreement shall be charged by the owner of the Rented Item.
7. These General Rental Terms and Conditions shall form an integral part of the rental agreement.
Art. 2 Subject Matter and Rental Options
1. The Renter lets for use the Rented Item, and the Rentee accepts it for rental.
2. Along with the Rented Item, the Renter shall provide the Rentee with technical materials in its possession related to the functioning of the Rented Item.
3. The Rented Item shall be provided to the Rentee for the purpose of conducting business activity in accordance with the legal order applicable in the Republic of Poland.
4. The Renter offers the possibility of concluding a rental agreement with an option of the Renter’s service of the Rented Item (full-service option) and without Renter’s service option (no-service option). Under the rental agreement with the full-service option, the Renter shall incur the costs of technical inspections, taxes on means of transport, vehicle registration, maintenance and service, including replacement of tires, brakes and other components and assemblies subject to normal wear and tear as a result of proper operation of the Rented Item. The rental agreement with the full-service option shall not include: fuel consumption, insurance against all risks, tolls on national roads, highways, charges for bridges and tunnels, parking costs, garaging, fines, repairs not resulting from normal operation of the Rented Item, RTV subscription. Under the rental agreement without service, all costs associated with keeping the Rented Item in good condition, the costs of its operation, maintenance, repair, technical inspection, taxes on means of transport, insurance, tolls on national roads, highways, charges for bridges and tunnels, parking costs, garaging, fines, RTV subscription shall be borne by the Rentee, , where all kinds of taxes and levies shall be settled by the Renter, while the Rentee shall be charged accordingly by the Renter in a VAT invoice. In this case, the Rentee shall be charged according to the Renter’s price list with administrative costs in the amount of 15 Euros.
Art. 3 Rental Conditions and Costs
1. The rent shall be payable monthly in advance to the Renter’s bank account based on the invoice delivered to the Rentee. Non-delivery of the invoice shall not release from the obligation to pay the rent.
2. The rent shall be increased by the applicable VAT.
3. The Parties agree that, unless otherwise stipulated, each invoice issued by the Renter shall be payable within 10 days from the date of issue, to the Renter’s bank account. In case of delay in payment, statutory interest shall be charged. Any costs incurred by the Renter in connection with the recovery of unpaid debts, including in particular attorneys' fees, court fees or administrative costs, shall be charged to the Rentee. Whenever the Rentee contests the invoice, the Rentee should do so in writing no later than 5 days from the date of issue thereof or otherwise it shall loose the right to contest the validity of the invoice.
4. At its own discretion, the Renter may, before signing the agreement, require additional security from the Rentee than those mentioned in the agreement. In such case, the form of security and the fact of such security being provided shall be included in the relevant Annex to the agreement.
5. In any case when concluding a contract, the Renter may require an additional deposit to be paid in the amount stated in the rental agreement and the individually agreed by the parties.
6. The Renter shall be entitled to change the amount of the rent during the term of the agreement in case of changes in the law, including in particular tax laws or laws relating to ownership or rental that affect the Renter, changes in interest rates, leading to a reduction in the estimated income of the Renter.
Art. 4 Acceptance of the Rented Item
1. The Rentee represents to have seen the Rented Item and raises no objections as to its technical condition.
2. Before acceptance, the Rented Item shall check if the rented equipment meets all the conditions and the designated purpose, in particular, shall assess the condition of the tires (including the tire type, tread depth, possible damage), brakes, lights, fittings and accompanying documentation.
3. The Rented Item shall be handed over to the Rentee on the date specified in the rental agreement. The Acceptance Report shall form and Appendix to the relevant agreement.
4. The deadline for handing over the Rented Item is specified in the Rental Agreement as non-binding and approximate. The exact date shall be specified by the Renter.
5. Upon acceptance of the Rented Item, the risk connected with the use, accidental loss or damage shall pass to the Rentee.
6. The costs of transport/delivery of the Rented Item shall be borne by the Rentee.
Art. 5 Rental Period
1. The rental period shall begin upon acceptance of the Rented Item by the Rentee and on that day the Acceptance Report shall be drawn up, containing all the remarks and the inconsistencies regarding the Rented Item; the rental period shall terminate on the day of its return to the Renter’s premises after being inspected by the Renter’s authorized employees on the basis of the Acceptance Report.
2. For a rental period longer than five working days the rent shall not be charged for the day when the product leaves the Renter’s premises, if the product leaves the premises after 17.00. The rent shall not be charged also if the product is returned before 10:00 am. The rental period shall start automatically after 8 working days after the Rentee is notified that the product can be collected.
3. The agreement for a specified period of time shall be deemed extended for another identical period under the same terms and conditions, unless the parties terminate it in the manner prescribed in the agreement. In this way, the agreement shall be renewed any number of times until the parties terminate it in the manner prescribed in the agreement.
Art. 6 Maintenance and operation of the Rented Item
1. Rentees may not place any advertisments on the vehicle, make it of any modifications, improvements nor place additional elements that could possibly change its value, unless the Renter has given its written consent thereto. Should any unauthorized modifications be made, the costs of removing such modifications and improvements shall be borne by the Rentee.
2. The Rented Item may only be used for activities in the territory of Poland and other countries whose territories are covered by the third party insurance liability, comprehensive motor insurance and accident insurance and may cross the borders of such countries only through legally defined border crossings.
3. Without the written consent of the Renter, the Rentee may not use the Rented Item to carry ADR transports (dangerous goods).
4. The Rentee is obliged to have all licenses and other documents required by law, if so prescribed in specific provisions of the law to conduct activities using the rented property.
5. The Rentee agrees to use the vehicle in accordance with its intended purpose, properties, and the manufacturer's instructions, in particular to fulfill in a timely manner the obligations arising from the guarantee and warranty for defects, carry out inspections and repairs and solely at authorized service stations. In the case of a rental with the full-service option, any repairs, replacement of component, equipment, and actins related to the maintenance of the Rented Item must be report to and agreed with the Renter in writing. In view of the above, all costs that the Rentee may incur for the maintenance of the Rented Item shall be refunded to the Rentee only after prior arrangement in writing.
6. The Rentee must not rent or let gratuitously for use the Rented Items without the consent of the Renter, unless it involves letting the Rented Item to the Rentee’s employee.
7. The Rentee is obliged to protect the Rented Item against claims of third parties and each time shall inform about the owner of the Rented Item.
8. In the event of seizure of the Rented Item by way of enforcement procedure, the Rentee shall be obliged to immediately inform the Renter thereon.
9. The renter shall entitled at any time to inspect the condition of the Rented Item and how it is being used.
10. The Rentee shall be obliged to keep in a thorough manner all records regarding the location and all activities relating to maintenance and repair of the Rented Item.
Art. 7 Insurance, Damages and Risk
1. The Rentee is also in certain situations with the consent of the Renter entitled to choose the option, whereby the Rentee may itself take out insurance to the extent indicated below, or choose to rent a vehicle insured by the Renter. Should the latter option be chosen, the rent amount shall be increased by a relevant fee for the insurance provided.
2. When the Rentee decides that the Rented Item should be insured by the Renter, the Rentee acknowledges that the insurance shall not cover damages caused during loading or unloading, while the vehicle is driven by unauthorized individuals or intoxicated individuals or persons under the influence of alcohol or drugs and psychotropic substances, resulting from gross negligence or serious driver’s error, vandalism, failure to respect driving and resting time, resulting from using the vehicle contrary to its intended purpose or improper transportation or loading of the cargo. The Renter furthermore stipulates that the insurance shall not cover damages caused to property and the Rented Item due to intentional or unintentional action of the driver, which consists in causing damages by or during driving the Rented Item under the bridge, along a tunnel, or a similar structure.
The insurance contract shall provide for a deductible (franchise deductible) in the amount of € 1250 as regards comprehensive motor insurance and €1,000 as regards third party liability. Franchise shall be doubled if the same driver within 30 days of the first accident causes a second accident also as a result of the driver’s own error. Liability under insurance shall start after paying the premium. The Renter stipulates that the Rentee shall bear full liability until the payment of the insurance premium.
3. If the Rentee itselt takes out insurance then for the duration of the rental period the Rentee shall be obliged to take out insurance in respect of the Rented Item covering third party insurance liability, comprehensive motor insurance and accident insurance under the terms and conditions approved by the Renter. The policy should specify that the company ATL RENTING Sp. o.o. is the Renter of the equipment and as such should be considered a beneficiary under the policy. All indemnification payable under this concluded insurance contract shall payable to the Renter, so that the Rentee may not claim from the insurer any rights that would prejudice the Renter's rights.
4. The Rentee shall provide the Renter with the copies of insurance policies or a valid certificate confirming the conclusion of insurance contract under the conditions approved by the Renter and the General terms and conditions of the Insurance Contract.
5. The Rentee shall bear the costs of exemptions, deductibles, exclusions and uninsured risks that may occur and cause a damage to the rented vehicle. The costs of repairing and restoring the Rented Item to its original condition not covered by the indemnification paid by the insurance company shall be borne by the Rentee.
6. The Rentee shall immediately notify the Renter of any accident, damage, malfunction and loss of any of Rented Item and confirm it by registered mail, in which the Rentee shall provide a description of the time, place and nature of the accident or loss, as well as the extent of the damage. The Rentee shall also provide the names and addresses of all parties involved in the accident. The Rentee shall also try to obtain a copy of any police report and any other information that may be useful. If the Rentee causes damage to the equipment and returns it to the Renter in a incomplete or inoperable condition to work, the Rentee shall be required to pay damages caused to the equipment.
7. Any interruptions or limitations in the operation of the damaged Rented Item shall not release the Rentee from the obligation to pay the rent and other charges related to the Rental Agreement.
8. In the case of loss of any documents related to the Rented Item, the Rentee shall immediately report such loss to the Renter. The Rentee shall bear all costs of obtaining new documents and in addition agrees to pay the sum of 200 Euros as liquidated damages for the loss of documents. Even after final returning of the Rented Item, the rental relationship shall expire only upon replacement of all documents lost by the Lessee.
Art. 8 Guarantee and Warranty for Defects
1. The Rentee acknowledges that the Rented Item shall have guarantee provided solely to the manufacturer, not the Renter.
Art. 9 Termination of the Rental Agreement
1. If, after delivery to the Rentee, the Rented Item has been destroyed or stolen, the agreement shall terminate once the insurer of the Rented Item has paid the relevant indemnification.
2. In the case described above, the Rentee shall be obliged to pay to the Renter an amount equal to the value of the Rented Item on the day preceding the occurrence of the damage, whenever the damage is not covered by the insurer of the Rented Item.
3. The Renter shall be entitled to terminate the agreement forthwith for important reasons, in particular in the following cases:
a. material breach by the Rentee of the conditions of the agreement or the General Rental Terms and Conditions,
b. Rentee’s delay in payment of at least one, if, despite a written request, it has not been paid,
c. when the Rentee uses the Rented Item contrary to its intended use and the manufacturer's instructions.
d. The Rentee neglects the Rented Item exposing it to loss, damage or premature wear,
e. a judicial and / or administrative procedure has been instigated against the Rentee in respect of any movable or immovable property or seizure of the Rented Item,
f. when any liquidation, bankruptcy or composition proceedings are initiated against the Rentee or if the Rentee proceeds to liquidation or disposal of its enterprise or a part thereof, or if the Rentee’s enterprise is seized or if the Rentee ceases to conduct business,
g. the Rentee's death.
4. In the case of the rental agreement without the purchase option, the Rentee has the right to terminate the agreement during its term, after the making a statement of termination with the notice period as specified in the Rental Agreement, except that in such case, the rent price shall re-calculated taking into account the actual duration of the rental period based on the Renter’s valid price list. The Rentee shall be charged with a shoulder charge for the actual duration of the rental period. With respect to the Lease Agreement with a purchase option, in case of premature termination of the agreement by the Rentee, the Renter shall be entitled to a flat-rate compensation equal to 75% of the remaining rental installments but not less than the amount of the deposit paid.
5. Should the agreement be terminated by the Renter due to the circumstances referred to in clause 3 of the present article, the provisions of Art. 9 clause 4 shall apply. Such claims shall not prejudice the possibility to claim compensation under general principles.
6. In the event of termination of the rental agreement, the Rentee shall return the product to the Renter’s premises at the latest within 2 working days after the end of the notice period. Failure to comply with the above condition shall result in a penalty of 150 Euros per each working day for disturbing the work organization.
7. In the case of the rental agreement with the purchase option, after the expiry of the a basic agreement the Rentee shall be entitled to purchase the Rented Item for the value specified in the agreement, subject to the fulfillment of all obligations towards the Renter under the rental relationship or other related relationships.8. If the Rentee opts out from the purchase option, the Rented Item should be returned in operable condition responding to its normal wear and tear after the expiry of the basic agreement. In case of damage or excessive wear in relation to the period of use or replacement of components or parts not approved by the Renter, the costs of restoring the proper condition shall be borne by the Rentee.
Art. 10 Final Provisions
1. To matters not provided for herein, the provisions of the Civil Code shall apply.
2. Any amendments hereto shall not be valid unless made in writing.
3. Deemed delivered shall be a letter sent by registered mail to the party's address shown in the relevant commercial register, even if not received despite receiving an advice note.
4. Without prior consent of the Renter in writing, the Renteee may not assign its rights and obligations in relation to the Rentee to third parties.
5. The Renter shall never be held liable for the consequences of force majeure, and in particular: disasters, strikes and riots, wars or any other event beyond its control.