GENERAL TERMS AND CONDITIONS OF COMMERCIAL LEASE OF EQUIPMENT
Valid from 20.02.2024
1. DEFINITIONS
1.1. Lessor – Ramirent Baltic AS;
1.2. Lessee – a person with whom the Lessor has concluded a Contract;
1.3. Lease period – the period of time from the Lessor issuing the Equipment to the Lessee until the proper return of the Equipment to the same lease point by the Lessee;
1.4. Day of Lease – Length of the lease period in calendar days;
1.5. Party – Lessor or Lessee;
1.6. Contract – Equipment lease contract concluded between the Parties, indicating the Equipment to be leased, the lease fee, and other special agreements;
1.7. Equipment – a tool, device, or other asset (including small accessories) leased under the Contract, the list of which is provided in the Contract;
1.8. General Terms and Conditions – The Lessor’s General Terms and Conditions of Lease of Equipment contained in this document are applicable to all Equipment Lease Contract concluded by the Lessor to the extent that the Parties do not agree otherwise in another document reflecting the lease relationship, including the Contract or the Customer Agreement, and are an integral addition to the Contract;
1.9. Site – the address of use of the leased Equipment;
1.10. RAMI Risk Protection – are the rules specified in Annex 1 of the General Terms and Conditions of Lease of Equipment (https://www.ramirent.ee/renditingimused/riskikaitse-tingimused), which reduce the Lessee’s liability for the preservation and damage of the Equipment specified in clause 9 of the General Terms and Conditions. RAMI Risk Protection is valid if it is noted in the Contract and the Lessee has paid an additional payment. The conclusion of RAMI Risk Protection is mandatory for both natural and legal persons.
2. CONFIRMATIONS OF THE LESSEE
2.1. By signing the Contract, the Lessee gives the following confirmations to the Lessor:
2.1.1. The Lessee and the person acting on their behalf have all the rights to conclude the Contract regarding the Equipment; the Lessee is not aware of any circumstances that could prevent or make it impossible for the Lessee to properly fulfill all obligations arising from the Contract to the Lessee;
2.1.2. The Lessee has familiarized themselves with, and the Lessor has sufficiently informed and instructed the Lessee about the following: characteristics of the leased Equipment, lease price, technical condition, instructions and regulations regarding the use of the Equipment, including safety requirements; the Lessee has received exhaustive answers from the Lessor to all questions regarding the use and characteristics of the Equipment;
2.1.3. The Lessee has all the necessary and required skills.
3. CONCLUSION AND DEADLINE OF THE CONTRACT
3.1. The Contract is deemed to have been concluded upon signing the Contract. The Contract is also deemed to have been concluded at the beginning of the Lease Period if the Contract has not been signed by the Party(s), but the Lessor has issued the Equipment to the Lessee in accordance with the agreement between the Parties.
3.2. The lease relationship begins at the beginning of the Lease Period. A lessee who is a natural person has a maximum lease period of 30 days unless otherwise agreed.
3.3. The first Day of the Lease is the day the Equipment is handed over to the Lessee from the lease point. The last day of validity of the Lease period is the day of proper return of the Equipment. If the Equipment is returned to the lease point before 10:00 a.m., the last day of validity of the Lease Period is the calendar day preceding the day of return.
4. TRANSFER AND RETURN OF EQUIPMENT
4.1. The Equipment is handed over to the Lessee upon conclusion of the Contract or by other relevant written certificate. The Equipment must be returned to the same lease point of the Lessor. The Lessee may return the Equipment on a day of their choice, but the Equipment must be returned no later than 10 a.m. on the calendar day following the last day of validity of the Contract. Issuance and return of Equipment are possible only during the normal opening hours of the Lessor’s company, which the Lessee can check on the Lessor’s website, www.ramirent.ee. Delivery of the transport order is not considered as termination of the Contract.
4.2. Upon receiving the Equipment, the Lessee is obliged to immediately check the quantity, quality, and technical condition of the Equipment and to notify the Lessor immediately, but no later than within three (3) days in writing or by e-mail, of all defects and claims related to the Equipment that become known to them. At the end of three (3) days, it is considered that the Equipment corresponds to the amount specified in the Contract, and the Lessee has no claims regarding the quality or technical condition of the Equipment (except for possible hidden defects that cannot be identified during the specified period during a careful inspection).
4.3. Upon return, the Equipment must be in the same technical condition in which the Lessee received the Equipment, taking into account normal wear and tear. In the event that an Equipment with an internal combustion engine is given to the Lessee with a filled fuel tank, the fuel tank must be filled when returning said Equipment to the Lessor. The Equipment must be returned clean and, in the case of scaffolding, formwork, etc., packed according to the packaging instructions. In the event that the Equipment has not been properly cleaned or packed in accordance with the packaging instructions upon return, the Lessor has the right to demand compensation from the Lessee in accordance with the valid price list. When returning scaffolding and formwork, the Lessee shall provide a complete list of the items to be returned.
4.4. The Equipment is returned by making a written note to this effect on the Contract or on the basis of a separate Equipment Return certificate, which is signed by the representatives of the Parties. If the amount, quality, or technical condition of the Equipment does not meet the terms of the Contract upon return, the Lessor will issue a corresponding certificate. If the Equipment is returned in several parts, the Lessor will issue a certificate upon the Lessee’s request after the last return.
4.5. If, upon returning the Equipment or after it, the Lessor detects that the Equipment has become unusable or that the Equipment has significantly decreased in value as a result of a circumstance for which the Lessee is responsible, the Lessor has the right, at their own discretion, to either refuse to accept the Equipment and demand compensation from the Lessee in an amount corresponding to the price of a new procurement of the new Equipment or to accept the Equipment and require the Lessee to reimburse all costs associated with repairing and repairing the Equipment.
4.6. The Equipment is considered lost if the Equipment has not been returned to the Lessor within 10 (ten) days from the end of the Lease Period.
4.7. If the Lessee does not return the Equipment on time at the end of the Contract, the Lessor has the right to take measures, including self-help, to regain possession of the Equipment.
4.8. If the Lessee has not returned the Equipment within 3 (three) days of the termination of the Contract, the Lessor has the right to organize disassembly, cleaning, and return transport of the Equipment. The costs of disassembly, cleaning, and transport are fully covered by the Lessor.
5. LEASE FEE AND DEPOSIT
5.1. The Lessor leases out the Equipment agreed in the Contract to the Lessee on the basis of the lease fee valid at the time of the Equipment handover. The valid lease fee is listed for the respective Equipment in the Lessor’s customer management system and is visible on the Lessor’s website. The Lessor may change the applicable lease fee at any time, but such change shall not have an effect on the Equipment lease fee already transferred to the Lessee under the Contract before the lease fee is changed. The Lessor has the right to demand an advance payment from the Lessee. If not stated otherwise, VAT is added to the prices stated on the Lessor’s website. The lease fee includes the fee for using the Equipment only. The lease fee does not include, among other things, the fee for the services specified in clause 6.1, expenses related to the normal use of fuel, lubricants, etc., used in the Equipment. The aforementioned services are paid in accordance with the relevant price list established by the Lessor or a third party providing the service.
5.2. If the leased Equipment is a device with a motor hour counter, the Lessor has the right to use the data of the GPS tracking platform (or other similar device) to identify the actual usage time and days of the Leased Equipment and to continue submitting service invoices according to the actual use of the Equipment. The daily lease price of Equipment with a moto hour counter includes up to 8 (eight) moto hours. The Lessor has the right to charge a lease fee for all motorcycle hours worked, with a minimum lease fee of one day. Every hour in excess of eight (8) moto hours is invoiced based on the hourly rate. In the event that the Lessee uses the device on days other than the agreed days (5P, 6P, or 7P specified in the Lease Contract), the Lessor has the right to charge an additional lease fee for the certified use of the Equipment.
5.3. The lease fee is payable on the basis of the relevant invoice (including advance payment invoice) issued by the Lessor. Lessees who are legal entities are issued lease invoices 2 (two) times per calendar month during the Lease Period, as a rule, on the 15th and 30th calendar days. Unless otherwise specified by the Lessor, the Lessee undertakes to pay the invoice within 14 (fourteen) days from the date of issue of the invoice. A lease invoice is issued to the natural person Lesser upon returning the Equipment or upon termination of the Contract. Non-receipt of an invoice does not release the Lessee from the obligation to pay the invoice. The Lessee undertakes to inform the Lessor of the non-receipt of the invoice within 10 (10) days. The Parties consider that receipt of the invoice by the Lessee is evidenced, among other things, by the corresponding log file of the third-party service provider used by the Lessor when issuing invoices.
5.4. The lease fee is paid on the basis of lease invoices in the manner and by the deadline specified in the Contract or Customer Agreement. In the absence of a different agreement, natural person Lessees are obliged to pay the lease fee upon returning the Equipment at the latest. The lease fee and other payments to be made under the Contract are deemed to have been made by the Lessee from the moment the amount to be paid is received in the Lessor’s current account or paid in cash at the lease point.
5.5. The Lessor has the right to require the Lessee to pay a deposit both before putting the Equipment into use by the Lessee and during the Lease Period. The amount of the security deposit is determined by the Lessor, but it cannot exceed the price of a new purchase of the Equipment to be leased to the Lessee.
5.6. The Lessor is not obliged to deposit the deposit paid by the Lessee in a separate account or to pay interest on said deposit to the Lessee.
5.7. The Lessee has the right to demand the return of the deposit from the Lessor no later than two weeks after the return of the Equipment, the lease or transfer of which was conditioned by the payment of the deposit.
5.8. The Lessor has the right to set off and reduce the amount of the deposit and/or advance payment paid in connection with the lease of the specific Equipment subject to return to the extent that the Lessor has financial claims against the Lessee both in connection with the lease of the specific Equipment and also in connection with other Equipment leased.
5.9. In the case of a delay in the payment of any payment by the Lessee, the Lessee is obliged to pay the Lessor 0.5% of the overdue amount for each day of delay, as well as to compensate all damages, including costs related to the use of legal aid and debt collection services, which are not covered by the delay.
5.10. The Lessor has the right to unilaterally increase the lease prices by the price change of the consumer price index of the previous year.
6. SALE OF SERVICES AND PROPERTY
6.1. Upon the agreement of the Parties, the Lessor may provide the Lessee for a separate fee, among other things, the following services: Equipment design, installation, disassembly, installation supervision, setup, transport, cleaning, loading or unloading Equipment, equipment operator service.
6.2. Upon agreement between the Parties, the Lessor sells the Equipment and/or the accessories accompanying the lease of Equipment (e.g., scaffolding, grinding wheels, vacuum cleaner bags, etc.) to the Lessee. Ownership of the property remains with the Lessor until the purchase price (reservation of title) is fully paid.
7. OBLIGATIONS OF THE PARTIES
7.1. The Lessee is obliged to:
7.1.1. use the leased Equipment prudently and only in accordance with the purpose of use of the Equipment;
7.1.2. follow all the instructions and rules made known to them by the Lessor when using the Equipment, including usage and safety rules, to ensure that these instructions and rules are introduced to their employees and to supervise the activities of the Lessee’s employees who use the Equipment directly. In case of any ambiguity or question, the Lessee is obliged to contact the Lessor immediately;
7.1.3. comply with all safety regulations when using the Equipment, including ensuring the use of proper protective Equipment (including protective clothing) by the Lessee’s employees working with the Equipment, as well as ensuring the exact compliance with all safety requirements at the Site where the Equipment is used;
7.1.4. not to change, modify, or repair the Equipment on their own initiative without the written or e-mail approval of the Lessor;
7.1.5. notify the Lessor immediately of any damage to the Equipment, partial or complete damage to the functions, oil leakage or destruction, as well as the loss of the Equipment, and take measures at their own expense to prevent the damage from increasing;
7.1.6. not to give the Equipment into the possession or use of third parties without the prior written consent of the Lessor. Workers of the Lessee’s estate, including employees who are permanently employed by the Lessor in its economic and professional activities, are not considered third parties;
7.1.7. ensure, at their own expense, the normal maintenance of the Equipment, in particular, eliminate defects that can be eliminated by cleaning or repairing as part of the normal maintenance of the Equipment;
7.1.8. immediately notify the Lessor of a change in the address of the Site where the Equipment is located. It is not allowed to take the Equipment out of the territory of the Republic of Estonia without the separate written consent of the Lessor;
7.1.9. pay the agreed lease fee for the use of the Equipment in a timely manner and for additional services provided or mediated by the Lessor;
7.1.10. return the Equipment to the Lessor at the end of the Lease Period under the conditions and procedure specified in the Contract;
7.2. The Lessor is obliged to:
7.2.1. hand over the Equipment to the Lessee and ensure that the Equipment meets the conditions agreed upon in the Contract;
7.2.2. perform repairs on the Equipment that are not covered by clause 7.1.7 of the General Terms and Conditions. If the need to repair the Equipment is due to improper use of the Equipment by the Lessee, the Lessor has the right to demand compensation from the Lessee for all expenses related to the repair. If, in order to identify the need for repairs, it is necessary to carry out an examination, as a result of which the Lessee’s responsibility for causing damage to the Equipment is revealed, the Lessor has the right to demand compensation from the Lessee for the costs of the corresponding examination.
8. PERSONAL DATA PROCESSING
8.1. The Lessor processes personal data in accordance with the terms and conditions of the Lessor’s “Privacy Principles for Customers,” located at www.ramirent.ee/privacy.
8.2. When fulfilling the Contract and processing the personal data provided to each other, the Parties:
8.2.1. are subject to the requirements set forth in the General Data Protection Regulation (EU) 2016/679 (hereinafter – the Regulation), the Personal Data Protection Act, and other legal acts that regulate the processing of personal data;
8.2.2. cooperate and provide mutual assistance as much as possible so that the other Party can fulfill the obligations arising from the legislation regulating the processing of personal data;
8.2.3. ensure the data subject’s rights set out in the Regulation, including, but not limited to, responses to the data subject’s inquiries, requests or complaints;
8.2.4. Notify each other in writing if there has been a personal data breach in connection with personal data provided by the other Party, specifying the nature and extent of the adverse consequences and measures adopted or recommended for mitigation.
8.3. Lessee:
8.3.1. informs all natural persons (representatives, employees) who are involved in the execution of the Contract that their personal data will be transferred to the Lessor and that the Lessor will process this personal data under the conditions stated in the “Privacy Principles for Customers.” Natural persons must be informed before involving them in the execution of the Contract or before transferring their personal data to the Lessor. The Lessee undertakes to inform these natural persons that the Lessor is the processor responsible for their personal data and processes this personal data, introducing the Lessor’s privacy provisions to the natural person.
8.3.2. is required to provide evidence provided in clause 8.3.1 for the provision of information if the Lessor requests it;
8.3.3. does not transmit to the Lessor the personal data of persons who have not been informed of the transmission of personal data to the Lessor or of the data processing by the Lessor;
8.3.4. ensure that the prohibition stipulated in clause 8.3.3 is followed by all persons engaged by the Lessee to fulfill the Contract;
8.3.5. Respond adequately to the Lessor’s notifications regarding corrections, deletion, or restrictions in the processing of personal data, which have been forwarded to the Lessee regarding the Lessor’s representatives and employees for the purpose of fulfilling the Contract. For this, the Lessee undertakes:
8.3.5.1. receive the Lessor’s notifications and confirm their receipt to the Lessor;
8.3.5.2. organize corrective actions and other actions with respect to personal data, which are prescribed in the notifications, and thereby inform the Lessor of their implementation;
8.3.5.3. inform the Lessor of the need to correct, delete, or restrict the processing of personal data of the Lessee’s employees and representatives;
8.4. The obligations stipulated in clauses 8.2. and 8.3.5 do not apply to the Lessee, who is a natural person if they process the personal data provided to them exclusively in the course of personal or domestic activities.
9. LIABILITY
9.1. The Parties are responsible for all damage caused to the other Party by breach of the Contract, which is not covered by the paid fine for delay or insurance benefit unless otherwise stated in the Contract and its annexes.
9.2. During the Lease Period, the Lessee is responsible for the loss, destruction, and damage of the Equipment, including Equipment malfunctions, with the exception of malfunctions caused by normal wear and tear of the Equipment or failure of the Lessor to properly fulfill the repair obligation incumbent on them. If the Equipment is leased to the Lessee together with the operator’s service, the Lessee is not responsible for damage to the Equipment. When leasing the Equipment with the service of the operator, the Lessee undertakes to ensure general safety at the Site. The Lessor is not responsible for the organization of the work of the Equipment and the operator and for risks caused by the work of the Equipment, including wrong instructions or damages outside of the specific task agreed between the Parties.
9.3. In the case of loss and destruction of the Equipment, the Lessor’s loss is considered the price of a new purchase of the Equipment, while in case of damage, the local average market price of the work required to repair the Equipment.
9.4. The Lessor is not responsible for damage caused to the Lessee or a third party during the use of the Equipment by the Lessee.
9.5. The responsibility of the Lessor in case of equipment breakdown during the Lease Period is limited only to the replacement of the Equipment and, if this is impossible, to the obligation to repair the Equipment within a reasonable time after receiving the relevant notice and to return the Equipment to the Lessor by the Lessee. The Lessor is not responsible for any damage resulting from an error contained in the user manual or in the event of partial or complete cessation of the Equipment’s functions during the Lease Period, for any damage caused to the Lessee in connection therewith, including lost income by the Lessee or claims submitted by third parties to the Lessee, possible damage resulting from the postponement or delay of work planned by the Lessee. The Lessor is not responsible for the damages described in the previous sentence, even if the damage is related to the delivery of the Equipment to the Lessee later than the time agreed in the Contract, except in cases of intent or gross negligence on the part of the Lessor.
9.6. The risk of accidental destruction and damage to the Equipment, as well as the obligation to compensate for damage caused by a source of greater danger related to the possession of the Equipment, is transferred to the Lessee upon handing over the device to the Lessee.
10. TERMINATION AND TERMINATION OF THE CONTRACT
10.1. The Contract ends upon the return of the Equipment, as well as upon termination on the grounds specified in the Contract documents, including these General Terms and Conditions, and upon fulfillment of all obligations of the Contract by the Parties.
10.2. The Lessor has the right to terminate the Contract in an extraordinary manner by notifying the Lessee in writing or by e-mail at least 3 (three) calendar days in advance if:
10.2.1. The Lessee has not made any payment under the Contract within 10 (ten) calendar days from the date of the obligation to pay the fee;
10.2.2. As a result of the Lessee’s action or inaction, the condition of the Equipment deteriorates, or there is a risk of the Equipment being lost, damaged or rendered unusable;
10.2.3. The Lessee subcontracts the Equipment to a third party without the prior written consent of the Lessor;
10.2.4. liquidation or bankruptcy proceedings have been initiated against the legal person Lessee, or bankruptcy proceedings have been initiated against the natural person Lessee.
10.2.5. The Lessee violates any other obligation arising from the Contract or the law and does not remedy the violation within a reasonable time despite the Lessor’s written reminder.
11. OTHER TERMS AND CONDITIONS
11.1. Notices related to the Contract between the parties must be submitted in writing or by e-mail unless otherwise stipulated in the Contract.
11.2. The Contract is signed by the Parties either on paper or digitally. The Parties consider the e-stamp used by the Lessor to be equal to the use of a digital signature.
11.3. The terms and conditions of the Contract can be changed by written agreement of both Parties.
11.4. Disputes between the Parties arising from the execution of the Contract shall be resolved through negotiations. If no agreement is reached, the dispute will be resolved in Harju County Court.
11.5. The provisions of the commercial lease contract under the Law of Obligations Act apply to the lease relationship.
