The following Rental Terms of use are effective as of 01/01/2002.
They replace all previous Rental Terms of Use rendering them null and void.
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| 1 / General |
This contract applies to the rental of specific equipment chosen by the Renter (whose personal data appears on the back side of the rental agreement) for the pre-determined time period, and for which the Renter has full responsibility in compliance with Article 1384 of French Civil Law.
The Rental Company is UTRAM; headquarters are located at 10 rue Raymond David, 92240 Malakoff, France.
The present Terms of Use hold the Renter and Rental Company liable by contract agreement, even in the absence of a binding written agreement with the Renter. These Terms of Use prevail over all other arrangements, in particular for a specific transaction or any subsequent transactions with the Rental Company. |
| 2 / Order and Delivery |
An order placed by the Renter with the Rental Company implies the acceptance without reservation or restriction by the Renter of these Terms of Use in full.
The Rental Company’s contractual obligation becomes
effective after receipt and acceptance of the Order Form duly signed by the Renter, and which contains all relevant information in regards to the Rental Company, the specific details of the rental equipment, rental time period and rental fees.
The rental equipment will be made available on the date established in the contractual agreement. The Renter has the option of picking up and returning the rental equipment by his own means or by the Renter’s designated third party at the Renter’s own risk.
The transfer of protection and responsibility of all rental equipment becomes effective once the Rental Company places the equipment in the hands of the Renter or the Renter’s designated third party. If the Renter wishes delivery of the rental equipment, the expenses for delivery, installation and return to the Rental Company shall be at the Renter’s expense, to be billed as an additional cost on the Rental Company’s invoice.
In case of cancellation of the rental equipment reservation less than three days prior to the rental date, the Renter shall be liable for full expenses as invoiced by the Rental Company. |
| 3 / Rental Fees |
| All our tarifs are applicable as indicated and subject to change without prior notice. Quoted prices are valid until the expiration date indicated in the quotation. All prices quoted are tax exclusive. It is assured that the Renter is in full knowledge of, and has accepted, the applicable price once the order has been issued. |
| 4 / Opening an Account |
All Renters can request to open an account with the Rental Company. After the obligatory commercial and financial information has been provided by the Renter, the Rental Company will provide written confirmation and details on the Rental Company’s methods of payment.
For the first rental, the Renter must submit the following:
- for all orders of 765.25 € or less, the Renter will be required to pay the full total, tax inclusive, in cash.
- for all orders totaling more than 765.25 €, the Renter will be permitted to pay 40% of the rental equipment total, tax inclusive, with the balance due 30 days after the invoice date.
For all subsequent rentals, the identical payment method will be in practice, unless a Rental Company director negotiates an agreement with the Renter for an alternative payment method. In all cases of deferred payment, the initial account request and conditions are obligatory and must include the presentation of recent (dated during the past three months) legal company identification documents, bank account information and an order form.
The Rental Company reserves the right to unilaterally terminate or modify these payment methods after 30 days advance notice, and at any time without advance notice in case of non-adherence by the Renter of any or all contractual obligations as outlined in these Rental Terms of Use.
All Renters with an established account at the Rental Company can settle their outstanding bills by remitting a check for the balance or part of no later than 10 days before the invoice issue date if they so desire. In such cases, the Renter receives a 1% discount and again for each monthly payment executed in the same manner, calculated according to the total due on the applicable invoice. |
| 5 / Rental Equipment Responsibilities for Each Party |
The Rental Company is committed to providing rental equipment to the Renter that is in perfect working order and kept clean. The Rental Company will also provide its best efforts to repair or replace the equipment in case of technical failure.
The Renter agrees by the present contract to have received his rental equipment in perfect working order and state of cleanliness, and that the equipment corresponds with his needs, that he has the competence to use it and thereby renounces any subsequent claim to the contrary.
Accumulated dust and dirt (especially on lenses and magnetic heads) can occur at any moment and remain the responsibility of the operator. The Renter cannot claim reimbursement of the rental fees nor any other compensation. In no instance shall such build-up problems become the Rental Company’s responsibility.
The Rental Company can, upon request by the Renter at the moment when he takes possession of the rental equipment, demonstrate the procedure to follow in such circumstances.
In the case of unforeseen circumstances beyond the Rental Company’s control as defined in Article 11 of the present Rental Terms of Use, the Rental Company responsibilities will cease to be in effect. |
| 6 / Payment, Late Payment and Non-Payment |
The head office of the Rental Company is designated as the payment premises. Except for specific agreements negotiated between Renters on account and the Rental Company, the rental price is to be paid in cash.
Any grounds for dispute concerning an invoice should be stated in a written letter sent via registered mail within seven days of the invoice issue date in order to be admitted for consideration.
All forms of payment will only be considered as payment contribution upon receipt by the Rental Company.
In accordance to Law 92-1442 established on Dec. 31, 1992, all late payments, as defined by the payment schedule stipulated in the invoice, shall result in late penalties at the rate of 1.5% of the amount due to the Rental Company, per month and indivisible, in interest and expense compensation. Recovery expenses are set at 20% of the amount due, to which will be added any expenses generated from eventual legal action, as well as damages and interest.
The Renter explicitly accepts that non-payment of any invoice due or any outstanding installment due shall result in payment acceleration in order to pay off the remaining debt. |
| 7 / Security Deposit |
A set sum, equivalent to the rental equipment list price, shall be defined as the security deposit and is required from each Renter – except when Renter on account and Rental Company agreements override this policy – at the moment of a rental agreement. The security deposit serves as a Rental Company guarantee against non-fulfilment of Renter responsibilities as well as against loss, theft, damage or degraded rental equipment.
In no case shall the Renter use the security deposit as a balance against settlement of rental fees nor deduct it from the sum of additional expenses due in case of an extended rental time period.
As a general rule, the security deposit is retained untouched by the Rental Company during the entire rental time period until final payment is received.
In case of damage, loss or theft, the deposit will be held in reserve until complete reimbursement in settlement by the Renter or third party of any indemnities owed the Rental Company are received.
The security deposit will be refunded in part or in full depending on the outstanding compensation due.
Should lost or stolen rental equipment be found before the recovery expiration period of 60 days, the number of days beyond the initial rental return date noted in the contract and the actual date of return are to be billed to the Renter and deducted from his security deposit.
Beyond the 60 days delay, the security deposit will be kept by the Rental Company.
If at the time of the rental agreement no security deposit had been paid, the Renter agrees to pay all repair expenses in case of damage or to pay the list price of the equipment in case of loss or theft. |
| 8 / Insurance |
The Renter is required to have all-risk insurance coverage for all rental equipment. The Rental Company provides insurance coverage that excludes loss due to theft, but is valid within the European Union countries and Switzerland.
If the Renter chooses this option, he will be charged 6% of the total rental fees (tax exclusive). This insurance coverage extends to fire and flood damage, breakage, but does not include:
- Hijacking, fraud, theft;
- Loss or damage caused by acts of foreign or civil war;
- Loss or damage due to confiscation or destruction by customs or other civil or military authorities.
- Loss or damage or worse caused by:
* weapons or explosive devices by virtue of their modification to the atom nucleus;
* all nuclear combustion, radioactive product or waste, or any other ionizing radiation which entails the exclusive responsibility of a nuclear installation owner;
* any source of ionizing radiation (in particular all radio-isotopes) used or destined to be used outside of a nuclear installation.
- Damage of a disfiguring nature such as scratches, grooves, paint chipping or peeling;
- Damage due to subsequent natural disasters;
- Indirect losses, in particular denial of use, unemployment, loss of benefits, compensation for delays, loss of market, as well as losses resulting from programming or equipment errors;
- Customs confiscation and requisitioning.
The Renter is free to take out the insurance policy of his/her choice, as long as it covers the conditions indicated above, and in which case he/she must present an insurance certificate to the Rental Company. |
| 9 / Damaged Equipment Returns |
A - Badly damaged equipment returns
The Renter is responsible for the use of the rental equipment and all incurred damage up to the moment it is submitted to our quality control service for inspection. The Rental Company reserves the right to undertake a quantitative and qualitative diagnosis of the equipment within 15 days upon return of the rental equipment.
In case an equipment malfunction is discovered by our quality control service on returned equipment, the following procedure is applicable without time limit and in all cases:
In case the renter is covered by the insurance offered by the Rental Company, the renter agrees to a 457.35 € deductible at his expense. Non settlement of the deductible within 5 days of the invoice receipt shall result in refusal of any claim.
In case the damage description falls within the range of the Rental Company's insurance coverage as detailed (specified) in chapter 8, the Rental Company will handle the necessary repairs up to a limit of 76,224.51 € maximum. If the damage amount is higher than the 76,224.51 € limit, the difference is at the renter’s expense.
If the Renter has contracted coverage with an insurance company of his choosing, the Renter shall immediately be billed the repair amount (without any limit as to the billable amount).
In any case, if the equipment is not repairable, the client agrees to reimburse the Rental Company for the full value of the published NEW equipment at list price -20%. The 20% discount does not apply to spare parts and/or labour.
B - Non-return of equipment within the time limit specified in the rental agreement.
The Rental Company does not provide insurance coverage against theft or other damage. The renter has the obligation and responsibility to get theft insurance coverage that provides for a full payment guarantee of the rental equipment considered new.
If the theft amount exceeds the amount covered by the renter’s insurance, the difference is at the renter’s expense.
In case of theft, the renter has the responsibility:
- to make a declaration to the Rental Company within 48 hours by registered letter; the renter needs to formulate all necessary reservations and file a complaint with the police authorities within 24 hours following the theft. The renter shall provide, without delay, the official documents to the Rental Company.
- to reimburse the Rental Company for the full value of new equipment at the manufacturer’s suggested list price – 20%, within 5 days of the equipment loss. The 20% discount does not apply to spare parts and/or labour.
In case of non-reimbursement of stolen equipment within 5 days after the loss, rental charges shall accrue till full payment of the stolen equipment has been made.
Non-reimbursement of stolen equipment automatically leads to a new rental contract. This contract becomes effective at the end date of the previous contract until full payment of the stolen equipment. The applicable prices and charges for the new contract shall have the same commercial Terms of Use and identical discount rate as the previous contract.
The sliding scale of charges shall be applicable for the duration of the new rental contract. |
| 10 / Rental Company’s Responsibility |
| If responsibility of the Rental Company is established, it shall be limited to the equipment rental service and result in all cases to part or full reimbursement of the equipment rental price. |
| 11 / Renter’s Responsibility |
The renter commits to return all equipment to the Rental Company by the contractually specified date, at his own expense. The Renter will not keep any rental equipment beyond the agreed rental period without approval by the Rental Company. The renter agrees to return the rental equipment at the Rental Company’s branch office, available for this purpose and during working hours, except when the Rental Company provides equipment delivery and return.
The Renter explicitly consents that the rental equipment shall only be used by competent personnel for whom the Renter is guarantor.
The Renter shall refrain from using the equipment in such a manner that exposes it to possible risky situations (air, sea, undersea, underground, mountain, social conflicts, popular uprisings), armed conflicts, natural disasters. The Renter shall not use the equipment in the course of operations (during shows) that anticipate physical damage; transfer this contract; sell, mortgage or pawn any or all equipment or spare parts. In general, the Renter shall not handle the equipment in such a manner as to cause material loss to the Rental Company.
The Renter shall not engage in repairs of any kind without previous agreement by the Rental Company. If after authorization by the Rental Company, the Renter proceeds with repairs, they must be documented in a detailed invoice and accompanied by the defective parts for reimbursement to be claimed. |
12 / Circumstances Beyond Control |
| The responsibility of the Rental Company cannot be claimed for circumstances beyond anyone’s control or unknown causes. Considered or associated with circumstances beyond control are lock-out, work stoppage, strike, vandalism, fire, flood, natural disaster, war, armed conflicts, impoundment, customs immobilization. |
| 13 / Validity |
| Any modification to these Terms of Use are null and void if they have not been documented in writing and validated via the signature of a Management representative of the Rental Company. |
| 14 / Assignment of Juridiction |
| In case of lawsuit the commercial Tribunal of Nanterre shall have sole jurisdiction. |
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