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Terms and conditions

Please read and understand the following terms and conditions.

General

This rental agreement is entered into by A. L. Del-Pin A/S, Nordvesthavnsvej 60, 6400 Sønderborg, Denmark,
VAT reg.no.: 76819114, as lessor, and the lessee stated on the lease contract.
Rental terms and prices stated on www.windrental.dk always prevail over other printed rental terms or price lists.

§1. Rental Price

All rental prices are exclusive of VAT, inclusive of insurance, and exclusive of consumables such as fuel, sandpaper, wear and tear, etc. Consumables are invoiced according to consumption. The daily rental rate is invoiced for the entire rental period, regardless of whether the rented equipment is used or not. Ancillary equipment (hoses, shovels, cables, etc.) is not included in the prices. Unless otherwise agreed in writing, our prices as stated on www.windrental.dk are valid at any time.

§2. Rental Period and Transfer of Risk

The rental period commences on the day, on which the rented equipment leaves lessor's address and until the day, it is returned to lessor’s address. If the rented equipment is returned before 7:30 am, the delivery day will not be included in the rental period. For private customers, the rental period is calculated on basis of calendar days. For business clients, the rental period is based on a 6-day week. If the rented equipment is used during weekends or bank holidays, the rental price is paid for these days. Insurance is always calculated on basis of calendar days.
The daily rental rate is always and for all based on an 8 hours’ working day. If the rented equipment is used beyond 8 hours, extra rent for 1 day is to be paid per commenced 8 hours. Rental prices for equipment which does not require staff for operation (e.g. scaffolding, sealing off, heaters, dehumidifiers, vehicles, etc.), are always calculated on basis of calendar days. Lessee bears the risk and liability for the rented equipment from the commencement of the rental period and until the rented equipment has been collected by lessor or has been returned directly to lessor. It lies with lessee to document the time of sign-out or return by means of a return receipt or a consignment note. Unless otherwise agreed in terms of the rental period, lessee is obliged to return the rented equipment at one day’s notice.

§3. Collection and Delivery

Transport charges are paid by lessee according to current transport prices. In case of transport by third party (freight company), the transport is settled by invoice. If lessee manages the transport themselves, lessee is responsible for the transport insurance. If the rented equipment is not collected by lessee at the agreed date and time, lessor is free to rent the equipment to someone else without further warning.

§4. Obligations of Lessee

Lessee is in every way responsible for the prescribed and lawful use of the rented equipment.
The rented equipment may not be installed or arranged in a way so that it may be classed as belonging to a real property and thus be included in the liens. Lessee may only use the rented equipment on the agreed location and may not without the written consent of lessor remove the rented equipment, with the exception of transport to and from lessor. Lessor has the right to inspect the rented equipment at any time. Lease, loan or other handover to a third party is not allowed without the written approval of lessor. When handed out by lessor, the rented material is operational and in sound condition. Lessee is obliged to immediately complain in case of defects in the rented equipment. Later complaints will have no legal effect. Lessee is to return the rented equipment cleaned and in the same condition as when it was handed out. Lessor is to be informed, within 24 hours, of any damage or defects, which arise during the rental period. Lessee may not make repairs or changes to the rented equipment, unless otherwise agreed upon in writing. The machinery will be inspected upon delivery, and any repairs or reconditioning of defects as well as associated costs, plus possible lack of cleaning will be invoiced to lessee. Days spent on repairs will be considered as part of the rental period, and lessee shall pay rent until the equipment is ready for new rentals.
During the rental period, lessee is obliged to make safety controls and operational maintenance works on the equipment, including but not limited to check of fluid level and charging of batteries, check of motor oil and hydraulic oil, lubrication etc. as well as to keep the equipment clean. Only the types of fuel and lubricant stated by lessor may be used.

§5. Liability and Insurance

Lessee is responsible and liable for any type of damage to the rented equipment, which arises during the rental period, regardless of whether the damage happens accidentally or is caused by lessee.
Lessee bears the risk of any loss/damage, which may be attributable to the rented equipment, including the delayed delivery of a service by lessee, operating loss, time loss, loss of profits or similar indirect or direct losses. Lessor assumes no responsibility.
Lessee bears sole responsibility for any damage inflicted on third party during the rental period.
The rented equipment has an all-risk insurance. Further to this, registered work machines and unregistered self-propelled work machines have a liability insurance, when they are used as vehicles. The liability insurance does not cover damage, when the rented equipment is used as work machinery.
Lessee takes over the responsibilities of lessor towards the insurance company regarding payment of excess according to the table below. To the extent lessee is liable for any damage to the rented equipment, the insurance company may seek recourse against the lessee to cover their costs in connection with the damage (damages and incurred costs).
Insurance coverage is not obtained in the following cases:

  1. Damage caused with intent or by gross negligence and damage caused under the influence of alcohol, drugs, etc.
  2. Damage to equipment placed on vessels, ships, pontoons or the like.
  3. Petty theft.
  4. Operating loss of any kind, fines or other loss caused by direct and/or indirect damage.
  5. Damage due to strikes, natural disturbances etc.
  6. Costs for digging up or other arrangements for removing damaged equipment from the ground.
  7. Total loss if the insured equipment must be left in the ground, regardless of the reason.
  8. Damage caused by the equipment; e.g. oil spill, damage to paving etc.
    Theft of and malicious damage to the rented equipment must be reported to lessor and the police no later than 24 hours after the incident. The rental agreement continues until lessor has received a police report.
    Any other damage to the rented equipment must be reported to lessor no later than 24 hours after the incident.

§6. Termination

In case of lessee's violation of the rental agreement, terms of payment etc., lessor is entitled to take back the rented equipment at their discretion, at expense of lessee. Should lessee refuse to hand out the rented equipment, the return will take place by immediate enforcement proceedings according to the regulations of the Administration of Justice Act.

§7. Applicable Law and Venue

Danish law applies and lessor reserves the right to choose the venue. Should a third party put forward claims against lessor, lessee is obliged to indemnify lessor for all expenses that follow from this.

§8. Terms of payment

It is the right of the lessor to demand a deposit, either prior to the commencement of the rental period, or as a condition for the continuation of the rental period. Unless otherwise agreed, the rental price is paid in cash upon return or on demand. After the due date, a 2% interest is accrued per commenced month, together with recovery fees which are to be paid by lessee.
In the case of payment or partial payment, outstanding fees, interest on overdue payments and other forms of recovery costs invoiced to lessee are always paid off first. The principal will not be paid off until all interests, fees and other recovery costs have been fully paid off.
Discounts of any kind are only granted on condition of punctual payment. In case of non-compliance with the terms of payments, lessor reserves the right to reimburse any discounts granted in connection with the rental agreement.