These conditions regulate the rental of machinery and equipment from Ekspert Maskinutleie AS for use in Norway. Equipment cannot be brought out of the country without the prior approval of
Ekspert Maskinutleie AS. If these terms are to be deviated, a written agreement must be made in which these terms and conditions are attached.
PRICE - CALCULATION:
The rental period run from the day the equipment leaves our depot, including the day it is returned. The rental period for machines and equipment operated by a user is calculated for working days (five-day week) one shift, maximum 40 hours unless otherwise agreed. Norwegian holidays on weekdays will not be charged unless the equipment has been used.
For equipment and other items that are not operated e.g. sludge pumps, fans, containers, work barriers and similar, we charge daily rental (24/7) - all days.
For longer rental periods (exceeding one week) – ask for price. We strive to agree on price, discount and payment terms for larger established customer relationship in advance.
The renter is responsible for the equipment when it leaves the depot until it is returned to the same place if otherwise not agreed. In addition, the renter is responsible for using the equipment only for purposes it is meant for, maintain the equipment properly according to common practice (daily maintenance) and instructions given by Ekspert Maskinutleie AS. Also, the renter is obliged to protect the equipment against unauthorized and undue external impact. The prices given assumes that the equipment is used in a clean and non-corrosive environment. For use in work that exposes the equipment to special environmental impact, this must be agreed in advance so that special preventive measures can be taken. Prices for such protection will be stated on request.
The renter must return the equipment cleaned and in the same condition as it was received. Cleaning, fuel, rock breaker abrasion, in addition to normal wear and tear, will be charged the renter.
Defects and deficiencies must be reported to Ekspert Maskinutleie AS within 24 hours, otherwise the equipment is considered delivered in proper working order.
Ekspert Maskinutleie AS is responsible for ensuring that the machines are equipped and maintained in accordance with current regulations. The Lessor is not responsible for losses or damage or other financial issues caused by the renters use of – or downtime of the equipment.
SUPERVISION AND USE OF EQUIPMENT:
The renter is obliged to secure and monitor that the equipment is only used by qualified personnel in the rental period, and by that having the necessary skills and required certificates to handle the equipment correct and avoid putting themselves or others in danger. This includes following all instructions regarding the use of the equipment. The renter is also obliged to familiarize themselves with user guides and current safety regulations and following them. The equipment’s capacities must never be exceeded.
To prevent unnecessary downtime/repair or dangerous situations occurring as a consequence of damaged equipment, the renter needs to check on daily basis, and if necessary, refilling oils/fluids and lubricate all points. This includes control of water level and refilling of batteries.
Regulations on inspection and maintenance can be given in writing. The equipment must be taken out of work if it doesn’t work properly. Ekspert Maskinutleie AS must be notified immediately so repair can be made. When preventive maintenance is necessary the renter will be notified in advance by Ekspert Maskinutleie AS to agree on a suitable schedule for the work. The renter must not make any changes or modifications to the equipment without prior approval. Ekspert Maskinutleie AS has the right to inspect the equipment at any time, and the renter is obliged to inform where it is the whole rental period.
SERVICE – MAINTENANCE ETC.:
Service and necessary maintenance of the machines are covered by Ekspert Maskinutleie AS within normal working hours (unless otherwise agreed). Daily service and maintenance during the rental period are performed by the renter.
The equipment is insured by Ekspert Maskinutleie AS covering fire, theft, machine damage (hull), liability and driver accident insurance. An insurance fee of 6% on gross rental price is charged on all rental agreements and is added to the given rental prices.
The following is not covered by the insurance and will be charged the renter: Damage caused by gross negligence, – damage as an effect of use contrary to instructions and guidelines given by Ekspert Maskinutleie AS, - damage caused by lack of supervision, refilling of oil, water, antifreeze etc.
Deductible is NOK 15 000,- and charged the renter on damages exceeding this amount. If the damage is less, the whole amount is charged the customer.
Ekspert Maskinutleie AS does not give any uptime guarantee and are therefore not financial responsible for outage/downtime on the equipment.
Non-registered customer’s payments are in advance either by card or transfer to account. Personal identification is mandatory. In existing relations, the agreed payment terms apply.
A contract is made for all cases for all customers containing the general rental terms including the rental conditions with the responsibility of both parties. The contract is signed/approved by both parties and forms the basis for the rental.
All transports from Ekspert Maskinutleie AS depots and back are charged the customer and agreed in each case.
The renter cannot sublet or hand over the rights in this agreement to others, nor take any legal dispositions (transfer, pledges, or the like) of the equipment.
The equipment may be leased from various Leasing Companies (LC) to the Lessor and in such cases is LC's property. This agreement will then be considered as a sublease agreement. If LC cancels its lease agreement with the Lessor, then LC has the right to cancel this agreement, and in doing so require the equipment to be delivered to the LC or where the LC allocates. Alternatively, LC has the right to take over the Lessor’s rights according to the agreement. In that case, LC will not assume any of the Lessor's obligations under the agreement.
Any objections, claims, etc. the lessee must have according to the agreement or otherwise vis-à-vis the Lessor on the occasion the agreement cannot be made against LC, but only against the Lessor, even if the Lessor should go bankrupt. The lessee is thus unable to make a rent reduction or delay in the rental payments to LC as a result of any circumstances, objections, etc. as mentioned. This also applies to any claim or cancellation claim or termination, as well as any objections that the renter may have in respect of any such claim. service agreement, including whether it is included in the lease.
Any cancellation or termination of this rental agreement by the renter, also after the “Norwegian creditors recovery act” § 7-7, shall nevertheless be made with a separate written notice to LC. The notice shall have a minimum period of 14 days. If LC then wishes to take over the Lessor’s rights according to the agreement, then no cancellation or termination can be made against LC. This provision or other terms relating to LC's rights, including the agreed payment terms cannot be changed without written consent from LC.