Maskin Konsulenten AS (hereinafter referred to as M.K)
This agreement regulates conditions for renting machines, equipment etc. through M.K for use in Norway. equipment cannot be taken out of the country without M.K rental's approval. If others conditions shall apply other than those set forth in this Agreement, these shall, in order to be valid, be recorded in writing and be included in a separate agreement document where these are standard rental terms shall be attached and form part of the rental terms.
CALCULATION OF THE RENT
The rental period is calculated from the time the equipment is ordered or kept available to the tenant, or from the day the equipment is shipped or delivered from M. K. The rental period runs until and including it day the equipment is confirmed from M.K that it has been unregistered and taken out of hireagreement.
INVOICING - TERMS OF PAYMENT
Rent is invoiced in accordance with the current price list or in accordance with entered agreement document. Unless otherwise agreed, rent is invoiced in arrears every two weeks under leases beyond 14 days, during which the agreement is invoiced upon cancellation. In the event of late payment, the default interest rate stipulated in Norwegian law at any given time will be paid. Invoices are due for payment 10 days from the invoice date unless otherwise agreed in writing. Complaints on invoices must be made within 10 days after the invoice date. The daily rent is calculated for the entire rental period, regardless of whether the rental object is used or not.
Rental object returned after 09:00 will be charged a new daily rent. The rent is calculated based on one shift use. Ie. 7.5 hours per day. If the rental object is used more than this, the rent is calculated by Multiply the daily rent by 1.5 for two shifts and by two for three shifts.
DELIVERY AND RETURN
Upon delivery, the equipment must be in operational condition and satisfy the safety requirements that are applicable. If the equipment deviates from what has been agreed, the tenant must immediately notify M.K, who in turn can make re-delivery or repair equipment. After the expiration of 2 working days and there the tenant has not notified M.K of errors and / or deficiencies, the rental object is considered to be faultless extradition. Risk and responsibility for the equipment, including during the period the equipment is transported, depends on the tenant from this leaves M.K rental department until this is returned to the same place unless otherwise agreed. M.K may, however, designate another return location, if this does not incur increased costs for the tenant. The tenant is responsible for that equipment is returned in fully operational and cleaned condition, free from damage. Missing equipment will by the return will be repaired by M.K at the tenant's expense. Subletting The lessee may not sublet or transfer his rights under this agreement to others or make any legal dispositions (transfer, pledge, etc.) over the equipment about this
not be agreed with M.K in writing.
SUPERVISION AND USE OF THE EQUIPMENT
The rental object shall be used exclusively for such work tasks and under such working conditions it is intended for. The tenant is obliged to ensure that the equipment is only used by during the rental period personnel who have received training in its use, and thus have the skill and competence, including holding the necessary certificates and certificates of competence, to process the equipment correctly and avoid exposing themselves or others to harm. The tenant is obliged to follow instructions regarding the use of the equipment. The rent is based on one shift use of the equipment, or after current agreement. The specified capacity of the equipment must not exceed. The tenant is further obliged to ensure that the equipment is protected against unauthorized use, as well as unnecessary external influences. For use in work that exposes the equipment to special environmental loads, this must agreed in advance, so that special preventive measures can be taken. Prices for such protection will be provided on request. The tenant covers expenses for current operating expenses as well as expenses which is necessary for daily maintenance and inspection, including cleaning of the equipment before return, any pre-agreed preventive maintenance and repair of damage and necessary insurance, see section To prevent unnecessary downtime / repairs or that dangerous situations should arise such as as a result of the equipment being broken, the tenant must check this daily and if necessary to top up with oil, antifreeze, water on battery, etc. Regulations on inspection and maintenance can be specified in writing. If the equipment works unsatisfactorily should it is immediately taken out of use. M.K must be notified immediately so that the error can be corrected. Tenant must not make changes or modifications to the equipment without the prior approval of M.K. M.K has the right to inspect the equipment at all times, and shall be kept informed by the tenant where this is used during the rental period. Failure to follow up as described in this section M.K can claim the tenant for the costs incurred to repair the equipment as well replacement.
INSURANCE - SCOPE
Rental property must be insured during the rental period, this is automatically created by M.K and will be invoiced during the rental period. This covers fire, theft, vandalism and other damage which is due to external factors on rented equipment used in Norway.
For light houses, toilets and containers, the insurance only covers fire and theft. The insurance has a eductible that stated below and which in the event of damage must always be paid by the tenant. Tenant must also carry the cost of any damages not covered by insurance. For the insurance to be valid, theft and damage must be reported to the police within 48 hours. Tenant must notify M.K on case number from the police report within the above period. Insurance premium the tenant is charged 6% of the current price list. The insurance premium appears separately on the invoice.
Not covered by the insurance: - Damages caused as a result of intent or negligence by the tenant and / or the tenant's employees and / or by an independent third party engaged by tenant. Damage caused by a third party engaged by the tenant. Damage caused by neglect, mishandling etc. Damage caused by flood. Damage in shape by or as a result of graffiti and burglary. Damage to light houses, toilets modules in the form of or as a result of vandalism or strong winds. Costs for salvage disposal and any deliveries of new equipment and relocation of equipment. Scaffolding netting and tarpaulins are not covered of the insurance. - If transport of rented equipment has been carried out by the tenant, the tenant's employees, an independent freight forwarder or any other party with whom the tenant is responsible or with whom the tenant has entered into a contract for transport and / or loading. This also includes transportation of trailer-mounted equipment. - Any damage when the equipment is on a barge / floating craft e.l. outside a port area (beyond the outer piers) .. - Equipment damaged as a result of painting, sandblasting, concrete spraying, or masonry. - Damage caused to equipment a used near seawater. Deductible The tenant is responsible for damage to equipment rented
from M.K based on the following calculations per insurance case: Construction and civil engineering machinery ew value from NOK 0 - 100,000 deductible NOK 7500, - Building and construction machinery new value from NOK. 100 deductible NOK 15 000, -
M.K's obligation to fulfill the agreement lapses if fulfillment is not possible due to circumstances which is beyond M.K.'s control and which was not known at the time of entering into the agreement (force majeure), including but not limited to natural phenomena, strikes, lockouts, war. Tenants may in such cases not claim compensation for any loss that occurs.
LIMITATION OF LIABILITY
The tenant is responsible for all damages and losses, including personal, property and property damage that are applied to M.K., his employees, the user of the equipment or a third party in connection with the rental object's transport, location, or use (including any operational disruptions). M.K can not is held liable for such damages as mentioned unless M.K personnel has caused the damage negligent, or the company as such has acted negligently. M.K is below everyone circumstance not responsible for indirect losses. M.K does not guarantee that the relevant equipment satisfies the tenant's needs. If the Tenant has acted with gross negligence or intentionally, M.K can also claim covered consequential damages, indirect losses etc. M.K is exempt from any liability for goods that may arise during the rental period.
TERMINATION - TERMINATION - DEFAULT
Rental conditions without pre-agreed rental period, can be terminated by the tenant with one working day notice. Rental conditions with a pre-agreed rental period / price run during the agreed period, if no special terms of termination have been agreed. If the tenant defaults on his obligations, below fails to pay rent and/or any surcharges on time, as well as that the equipment does not treated properly by the tenant, M.K can terminate the agreement immediately and demand the equipment returned. In addition, M.K can claim compensation in accordance with Norwegian law. Tenant can raise the agreement if M.K materially breaches its obligations under this agreement, however so that M.K shall be given a reasonable time for rectification before cancellation can take place.
If rent and / or surcharges are not paid by the due date, the tenant agrees that the delivery of rental object (s) may be claimed pursuant to the Enforcement Act (Compulsory Act) § 13-2 2nd paragraph a). By notice after compulsion. § 4-18, it shall be stated that extradition can be avoided if rent and / or surcharges with interest and costs are paid before the deadline. Similarly, the tenant agrees that extradition may be demanded pursuant to coercion. § 13 2nd paragraph b), when a pre-agreed rental period is expired.
Any dispute under this agreement shall be resolved through negotiations. Tenant can not withhold more than the disputed amount. If negotiations do not succeed, the dispute must be referred to the ordinary courts, as long as the parties do not agree otherwise. The right venue should be it municipality where M.K has its head office.
Maskin Konsulenten AS©