General rent policy
Concepts
1.1. Company – ÍI VEGATRANSA;
1.2. Customer – a person with whom the Company concluded a Customer Agreement;
1.3. Customer agreement – an agreement concluded between the Company and the Customer regarding the Equipment rental.
1.4. Deed – the Equipment Acceptance – Transfer Deed concluded and signed by the Parties, by which the Company transfers the Equipment to the Client and which establishes additional, not provided for in the Client’s contract, Equipment rental conditions and procedures, details the Equipment transferred to the Client;
1.5. Equipment – tools, equipment or other items (including their small accessories) rented in accordance with the Client’s contract and/or Act;
1.6. General terms and conditions – this document sets out the general terms and conditions of the Company’s Equipment lease, which apply to the Equipment lease to the extent that the Parties do not agree otherwise in another document governing the lease relationship, including the Client’s contract;
1.7. Location – the address where the rented Equipment is used;
1.8. RAMI risk protection – the rules set out in RAMI’s risk protection conditions, according to which the Customer’s responsibility for failure to preserve or damage to the Equipment, provided for in clause 8 of the General Terms and Conditions, is reduced. RAMI’s risk protection applies if it is clearly agreed in the Client’s contract (in its annexes) and if the Client has made the corresponding additional payment.
Customer Representations and Warranties
2.1. The Customer provides the following statements and guarantees to the Company:
2.1.1. The Client and persons acting on behalf of the Client have all the rights and powers to conclude and sign the Deed; The Client is not aware of any circumstances that could hinder or make it impossible for the Client to properly fulfill all the Client’s obligations under the Act;
2.1.2. The Customer declares and confirms that the Company has provided the Customer with sufficient information and instructions about the properties of the rented Equipment, rental prices and technical condition, manuals and instructions for the use of the Equipment, including safety requirements; The Company answered in detail all the questions asked by the Client regarding the use and features of the Equipment;
2.1.3. The Customer declares and confirms that it has all the necessary skills and other necessary qualifications, permits and rights to properly use the Equipment rented by the Customer.
Lease term
3.1. The lease relationship, with respect to specific Equipment, starts from the moment of signing the Act and ends when the Equipment is returned to the Company (hereinafter – the Lease Period). The specific Lease period is specified in the Act.
3.2. Unless otherwise agreed, the duration of the Rental period is calculated in days (hereinafter referred to as the Rental Day). The first Rental Day is the day when the Equipment is transferred to the Client by Deed. The last day of the Rental Period is the day when the Equipment is properly returned to the Company in good condition and undamaged. If the Equipment is returned to the rental point before 9:00 a.m., the last day of the Rental Period is the calendar day before the Equipment return date.
Delivery and return of equipment
4.1. The equipment is transferred to the Customer for use from the moment of signing the Equipment Act. The Customer can return the Equipment to the rental point on the day chosen by the Customer, but the Equipment must be returned no later than 9:00 a.m. on the next calendar day after the last day of the Rental Period. The equipment is transferred and returned only during the Company’s normal working hours, which are indicated for the Customer’s information on the Company’s website at www.vegatransa.lt. Ordering a transportation service is not considered a return of Equipment.
4.2. The burden of proof that the Equipment is transferred to the Customer correctly and on time rests with the Company in all cases, and the burden of proof that the Equipment is returned to the Company correctly and on time rests with the Customer in all cases.
4.3. After receiving the Equipment, the Customer must immediately check the quantity, quality and technical condition of the Equipment and must immediately, but no later than within 3 (three) calendar days, inform the Company in writing or by e-mail about all identified defects of the Equipment and claims related to the Equipment. If 3 (three) calendar days have passed and the Customer has not informed the Company about all identified Equipment defects and claims related to the Equipment, it is considered that the Equipment corresponds to the quantity specified in the Act and that the Customer has no claims regarding the quality or technical condition of the Equipment.
4.4. The equipment must be returned in the same technical condition as it was at the time of its delivery to the Customer, except for normal wear and tear. If the Equipment object with an internal combustion engine is provided to the Customer with a full fuel tank, the fuel tank must also be full when the Equipment is returned to the Company. Equipment to be returned must be clean, scaffolding, formwork, etc. must be returned. must be packed in accordance with the relevant packing instructions. If, at the time of return, the Equipment object is not cleaned or packed according to the relevant packaging instructions, the Company has the right to demand that the Customer pay compensation according to the currently applicable price list published at www.vegatransa.lt. When returning scaffolding and formwork, the Customer undertakes to provide a detailed list of returned items.
4.5. The return of the equipment is confirmed by the Company and the Customer making a record (putting a mark) on the Act or by signing a separate return confirmation by the representatives of the Parties. In all cases, the responsibility for the document (tag) confirming such a return and its preparation rests with the Customer. If the Equipment is returned in separate parts, the return confirmation is provided only on request and only after the complete Equipment is returned.
4.6. If, during or after the return of the Equipment, the Company learns that the Equipment is unusable or that its value has significantly decreased, the Company may, at its sole discretion, choose to: (i) refuse to accept the Equipment and require the Customer to pay compensation equal to the price of the same Equipment item, if purchased new (based on the replacement values specified in the Deed), (ii) or accept the Equipment and require the Customer to reimburse all costs associated with the repair of the Equipment.
4.7. The equipment object is considered lost if it is not returned to the Company within 10 (ten) days after the end of the Rental period.
4.8. If the Customer does not return the Equipment to the Company when it must be returned after the termination of the contractual relationship between the Parties, the Company has the right to take any necessary action to recover the Equipment or to compensate the Company for the Equipment. In this case, the Customer must cover all costs related to the return of the Equipment and compensate the Company for the losses incurred.
Rent and security deposit
5.1. The Company rents the Equipment specified in the Act to the Client according to the rental price list published at www.vegatransa.lt. The Company has the right to require the Customer to make an advance payment. Value added tax (VAT) is added to the prices indicated in the price list. Rental fees only include consideration for use of the Equipment. Rental fees do not include, among other things, the fee for the services specified in Clause 6.1 of the General Conditions, fuel and lubricants (oil) used in the Equipment or other costs related to the normal use of the Equipment. The aforementioned services (expenses) are paid according to the relevant price list of the Company or a third party providing the service. The daily rental fee for Equipment with moto-hour counters covers up to 8 (eight) hours of work (use). Each additional hour is billed at hourly rates.
5.2. Rental fees are paid according to the terms and procedures stipulated in the Client’s contract according to the invoice issued by the Company (including the invoice for advance payment). During the rental period, invoices for rental fees to the Client, who is a legal entity, are issued twice per calendar month (usually on the 15th of the month and the last working day of the month). If the Company does not specify otherwise, the Customer must pay the invoice within 14 (fourteen) calendar days from the date of issuing the invoice. An invoice for rental fees to the Client, who is a natural person, is issued after returning the Equipment or terminating the Client’s contract. A customer who has not received an invoice is not released from the obligation to pay the invoice. The customer, who has not received the invoice, must inform the Company about this within 10 (ten) days.
5.3. Payable rental fees and other fees are considered paid by the Customer after the relevant amount is credited to the Company’s bank account or cash payment is made at the rental point.
5.4. The Company has the right to demand that the Customer pay a security deposit of the amount determined by the Company, both before the Equipment is presented to the Customer and during the Lease period. The amount of the guarantee deposit is determined by the Company, but it cannot exceed the rental price of the Equipment object, if it were to be purchased new.
5.5. The Company is not obliged to keep the guarantee deposit paid by the Customer in a separate account. The Company does not pay any interest to the Customer for the guarantee deposit.
5.6. The Customer has the right to demand that the Company return the security deposit no later than one week after the proper return of the Equipment for which the security deposit was requested for rent or delivery.
5.7. The Company has the right to set off the security deposit and/or advance payment paid for the rental of a specific Equipment object and reduce the amount returned to the amount of the Company’s financial claims to the Customer related to the rental of a specific Equipment object or other leased Equipment.
5.8. If the Client is late in making any payment, the Client must pay the Company 0.06% interest on the unpaid amount for each day overdue and compensate all other losses, including the costs of legal and collection services.
Sale of services and goods
6.1. By mutual agreement, the Company may provide other services to the Customer for a separate fee, including Equipment design, installation, dismantling, installation maintenance, (co)adjustment ((co)adjustment), transportation, cleaning, loading or unloading services or Equipment operator service.
6.2. By mutual agreement, the Company may sell to the Customer Equipment and/or accessories related to the Equipment rental (eg, scaffold covers, grinding discs, vacuum pump bags, etc.). Ownership of the goods remains with the Company until the full purchase price is paid.
Obligations of the parties
7.1. The customer must:
7.1.1. use the rented Equipment carefully and only according to its intended purpose;
7.1.2. use the Equipment in accordance with all instructions and guidelines, including user manuals and safety requirements, ensure that Customer’s employees are familiar with the instructions and guidelines, and supervise the activities of Customer’s employees who use the Equipment. If any ambiguities arise or any questions arise, the Client must contact the Company immediately;
7.1.3. 7.1.3. comply with all safety requirements applicable to the use of the Equipment, including the requirement that the Customer’s personnel working with the Equipment use appropriate protective equipment (including protective clothing) and ensure that the Location where the Equipment is used complies with all applicable safety requirements;
7.1.4. not to change, repair or repair the Equipment on your own initiative without the Company’s written or e-mail consent;
7.1.5. immediately inform the Company of any Equipment failure, total or partial damage or destruction of the Equipment functions or loss of the Equipment and take measures to reduce the damage at your own expense;
7.1.6. prevent third parties from using, owning or managing the Equipment without the prior written consent of the Company.
Personnel operating the Equipment on behalf of the Client are not considered third parties, including employees whose services are regularly used by the Client in his economic and business activities;
7.1.7. to ensure at its own expense the normal maintenance of the Equipment, including the elimination of defects that can be eliminated by cleaning or performing repairs that are considered part of the normal maintenance of the Equipment;
7.1.8. immediately inform the Company about a change in the Location where the Equipment is located; it is prohibited to export the Equipment from the territory of the Republic of Lithuania without the separate written consent of the Company;
7.1.9. to timely pay the agreed rental fees for the use of the Equipment and the established fees for other additional services provided or organized by the Company;
7.1.10. at the end of the Rental period, return the Equipment to the Company according to the procedure specified in the Client’s contract;
7.1.11. The customer is responsible for the loss of Equipment (including loss due to criminal acts, administrative law violations) and destruction, as the custodian of this Equipment (Article 6.845 d. 2 of the Civil Code of the Republic of Lithuania) in accordance with the procedure established by Chapter XLII of the Civil Code of the Republic of Lithuania. The Company must be informed in writing about the loss or destruction of the Equipment within one working day (failure to comply with these obligations is a fundamental violation of the Customer’s contract).
7.1.12. If the Equipment is lost or destroyed (the Equipment is considered destroyed also in the event that the Equipment repair costs exceed 75% (seventy five percent) of the Equipment value, the Customer shall pay the Company the amount of the lost (destroyed) Equipment value, as well as indemnify the Company for other losses incurred as a result .
7.1.13. At the Customer’s request, Equipment whose repair costs exceed 75% (seventy-five percent) of its value may be sold by the Company to the Customer without requiring compensation. In case of sale of equipment to the Customer, the Company may store the sold Equipment in its premises free of charge for no longer than 14 (fourteen) calendar days. If the customer does not pick up the Equipment within 14 (fourteen) calendar days, it is disposed of; Utilization of the Equipment does not eliminate the Company’s obligation to pay the value of the Equipment in accordance with its purchase and sale agreement and the costs of the Equipment’s utilization.
7.1.14. The value of the Equipment is the value specified by the parties in the Deed as corresponding to the replacement value of the Equipment.
7.1.15. The Customer undertakes to immediately provide the Company with all the information requested by the Company regarding the use of the Equipment, in writing or in another way desired by the Company, without additional payment.
7.2. The company must:
7.2.1. ensure that the Equipment is handed over to the Customer at the agreed time and place and that the Equipment complies with the agreed conditions;
7.2.2. carry out repairs to the Equipment that are not covered by Clause 7.1.7 of the General Terms and Conditions. If the Equipment needs to be repaired due to the Client’s improper use of it, the Company has the right to demand that the Client compensates all costs related to such repairs.
Processing of personal data
8.1. By signing the General Terms and Conditions, the Customer confirms that, in accordance with the EU General Data Protection Regulation No. 2016/679, the mandatory information specified in Articles 13 and 14 about the transfer of their personal data and the processing related to such transfer. Such information will include and indicate the personal data of the representatives provided to the Client Company, the purpose of the data transfer (the conclusion and execution of this Client Agreement and the use of the Client Portal service), the basis (point b and point f of Article 6 of Part 1 of the Regulation), the establishment of access to data by IT and the server service providers and other service providers, the rights of the data subject (the right to access your data; the right to demand the correction of personal data; the right to request the destruction of your data or the suspension of your data processing actions (except for storage); the right to request that the processing of personal data be restricted; the right to transfer data; the right to file a complaint to the State Data Protection Inspectorate). The Customer confirms that he has familiarized himself with the Company’s personal data processing policy published on the Website.
8.2. .The client undertakes not to transfer to the Company any data of persons who have not been informed about the processing of their personal data by the Company.
8.2. activities.
Responsibility
9.1. Unless otherwise specified in the Client’s contract or its annexes, the Parties are responsible for any losses caused to the other Party due to the Client’s breach of the contract, to the extent that they are not covered by the interest paid or the insurance payment.
9.2. During the rental period, the Customer is responsible for damage to or loss of the Equipment or damage caused to the Equipment, including equipment failures, except for those caused by normal wear and tear or improper performance of the Company’s obligation to repair the Equipment. If the Equipment is rented to the Customer together with the operator’s service, the Customer is not responsible for the failure or damage of the Equipment. However, even when renting the Equipment with operator service, the Customer must ensure general safety at the Site. The Company is not responsible for the organization of the work of the Equipment and its operator and the risks related to the work of the Equipment, including for losses caused by incorrect instructions or losses caused by exceeding the scope of work agreed upon by the Parties.
9.3. In case of loss or destruction of the equipment, the amount of losses incurred by the Company is considered equal to the price payable for the same Equipment object, if a new one were to be purchased; if the Equipment is damaged, the amount of losses suffered by the Company is considered equal to the price for the necessary repairs of the Equipment.
9.4. The Company is not responsible for losses caused to the Customer or a third party by using the Equipment.
9.5. The Company’s responsibility for Equipment failure during the Rental period is limited to the obligation to replace the Equipment; if this is not possible, the Company must repair the Equipment within a reasonable time from the receipt of the relevant notice after the Customer returns the Equipment to the Company. If, during the Rental Period, the Equipment fully or partially ceases to function or is damaged due to an error in the Equipment User Manual, the Company shall not be liable for any indirect losses of the Client, including the Client’s loss of profit or third-party claims made against the Client, or any other losses that may occur as a result of the Client’s planned postponement or delay of works.
9.6. The risk of accidental loss or damage to the equipment, as well as the obligation to compensate for damage caused by a greater source of danger, related to the management and/or use of the equipment, is transferred to the Customer from the signing of the Act.
9.7. The Company acquires the right to transfer the Customer’s Personal Data to Creditinfo Lietuva UAB from the moment the Customer violates his financial obligations under the Customer Agreement.
Termination and termination of contractual relations
10.1. The contractual relationship between the Parties shall end upon the return of the Equipment in accordance with the procedure established by the General Terms and Conditions, as well as upon termination of the Customer’s contract and upon fulfillment of all mutual obligations of the Parties.
10.2. The Company has the right to unilaterally terminate the Client’s contract before the deadline in writing, notifying the Client by e-mail no later than 3 (three) working days in advance, if:
10.2.1. The Customer has delayed payment for more than 10 (ten) calendar days in accordance with the Customer Agreement and the General Terms and Conditions;
10.2.2. as a result of the Customer’s actions or inaction, the condition of the Equipment deteriorates or there is a risk that the Equipment will be lost or damaged, or become unusable;
10.2.3. The Customer allows a third party to use the Equipment without the Company’s prior written consent;
10.2.4. Liquidation, restructuring or bankruptcy proceedings are initiated in relation to the Client who is a legal entity or bankruptcy proceedings are initiated in relation to the Client who is a natural person;
10.2.5. The Customer violates any other obligations arising from the Customer Agreement, General Terms and Conditions, other contractual documents or laws and does not correct the violation within 7 (seven) days despite the corresponding written reminder from the Company.
Other provisions
11.1. Unless otherwise specified, all notices provided by the Parties must be in writing or sent by e-mail.
11.2. These conditions may be changed only by written agreement of the Parties.
11.3. The relations between the Company and the Client are governed by the law of the Republic of Lithuania. All disputes between the Parties arising from the performance of the Client’s contract shall be resolved through negotiations. If the Parties fail to reach an agreement, the dispute shall be resolved by the competent court of the Republic of Lithuania in Vilnius.