GENERAL RENTAL CONDITIONS

GENERAL CONDITIONS OF RENTAL OF COMPANY EQUIPMENT WITH OPERATOR

Article 1 – General

1-1 The general interprofessional conditions for the rental of company equipment with operator have been drawn up by a specialised commission bringing together users (FFB, FNTP) and rental professionals (DLR).

1-2 In order to be binding, these terms and conditions must be expressly mentioned in the rental agreement.

The contracting parties shall regulate the specific issues in the special conditions of the rental agreement.

1-3 The special terms and conditions of the lease agreement shall specify at a minimum:

– the definition of the rented equipment and its identification,

– the place of use and the start date of the rental,

– transportation conditions,

– the tariff conditions.

They may also indicate:

– the foreseeable duration of the lease,

– the conditions of availability.

1-4 The hirer puts at the disposal of the tenant a material in conformity with the regulation in force, the material put in hiring could be equipped with system of geolocation.

1-5 The equipment and its operator are inseparable. The operator provided by the lessor is duly qualified and has the authorizations required by the texts in force.

Article 2 – Place of Employment

2-1 The equipment is used exclusively on the specified job site or in a limited geographical area.

Any use outside of the construction site or the specified area without the explicit and prior agreement of the lessor may justify the termination of the rental contract.

2-2 The access to the building site will be authorized to the hirer or his agents, during the duration of the hiring. They must first present themselves to the site manager with the necessary personal protective equipment and respect the site rules and safety instructions.

These employees, ensuring the upkeep and maintenance of the equipment, nevertheless remain under the dependence and responsibility of the lessor.

2-3 The hirer proceeds to all steps with the competent authorities to obtain the authorizations to make circulate the rented material on the building site, and/or to make it park on the public road.

2-4 The hirer shall obtain for the benefit of the lessor or his agents the necessary authorizations to enter the site.

Article 3 – Provision of services

The signature of the contract is preliminary to the provision of the material. When this is not possible, the hirer undertakes to return the contract sent by the lessor, signed by him.

3-1 The equipment and its accessories, and everything that allows a normal use, are made available to the tenant in good working order.

The hirer is entitled to refuse the equipment if the lessor does not provide the documents required by the regulations as well as all the necessary technical instructions.

The taking of possession of the equipment transfers the legal custody of the equipment to the lessee in accordance with article 10-1.

3-2 Condition of the equipment at the time of provision

If a contradictory statement at the request of either party reveals the inability of the material to fulfill its normal purpose, the said material shall be considered as not conforming to the order.

In the absence of the hirer at the time of the delivery, this last one must make state to the hirer, in the 1/2 day following the delivery, of its written reserves, of the possible visible defects and/or the nonconformities with the order. In the absence of such reservations, the equipment is deemed to be in conformity and in perfect working order.

3-3 The operator intervenes only within the framework of the control and the maintenance of the rented material.

3-4 Date of availability

The lease agreement may provide for a delivery or pick-up date, at the option of the parties. The party responsible for making the delivery or removal shall give reasonable notice to the other party of its arrival.

Article 4 – Duration of the lease

4-1 The rental period starts on the day the rented equipment, its accessories and the operator are made available to the lessee under the conditions defined in Article 3. It ends on the day the rented equipment and its accessories are returned to the lessor under the conditions defined in Article 14. These dates are fixed in the rental contract.

4-2 The foreseeable duration of the rental, starting from an initial date, can be expressed in any unit of time. Any change in this duration must be agreed upon again between the parties.

4-3 If it is not possible to determine the exact duration of the lease, the lease may also be concluded without a specific term. In this case, the notice periods for returning or taking back the equipment are specified in Article 14.

4-4 Incidents relating to the equipment and likely to interrupt the rental period are dealt with in Article 9.

4-5 The duration of the intervention of the driving personnel is agreed in such a way as to allow the lessor and the lessee to organize the work of these personnel, within the framework of the lessee’s work schedules and in compliance with the regulations on working hours and driving time. No modification of the initially agreed schedule can be made without the prior agreement of the hirer. Failure to do so will result in the renter’s liability.

4-6 The lessor undertakes, in case of failure of the operator, to provide for his replacement as soon as possible. The lease is suspended until the position is refilled.

Article 5 – Conditions of use

5-1 Nature of use

5-1-1 The lessee must inform the lessor of the specific conditions of use of the rented equipment so that the rules of use and safety fixed by the applicable regulations as well as by the manufacturer and/or the lessor are specified.

5-1-2 The equipment shall be maintained in good working order and operated in accordance with the operating and safety rules specified in 5-1-1.

5-1-3 Only the lessor’s operator is authorized to drive the rented equipment. Failure to do so will result in the renter’s liability.

5-1-4 The hirer is forbidden to sublet and/or lend the equipment without the agreement of the lessor. However, within the framework of interventions related to the rescue, the hirer cannot oppose the use by other companies of the rented equipment. The tenant is still bound by the obligations of the contract. In addition, in the context of sites subject to safety and health protection coordination (SPS), the general coordination plan (PGCSPS) may provide for the use of materials by other companies. The lessor cannot object to this but the lessee is still bound by the obligations of the contract.

5-1-5 Any use, not in conformity with the preliminary declaration of the tenant or with the normal destination of the rented material, gives to the hirer the right to cancel the rental agreement, in accordance with the provisions of article 19 and to require the restitution of the material.

5-2 Duration of use

The rented equipment can be used at discretion, in compliance with the special conditions, for a theoretical daily duration of 8 hours.

Any additional use obliges the hirer to inform the lessor and may result in an additional rent to be defined in the special conditions.

5-3 Temporary interruption of use

If the equipment is no longer in use but is still maintained on the site after the operator has been released to the lessor, the rental shall continue under the price conditions specified in the special conditions, except in the cases provided for in Articles 9 and 10-2-2.

Article 6 – Transportation

6-1 The transportation of the rented equipment, on the outward journey as well as on the return journey, is carried out under the responsibility of the one of the parties who carries it out or has it carried out.

6-2 The party who causes the carriage to be performed shall exercise any recourse against the carrier. It is therefore the responsibility of this party to verify that all risks, both damage caused to the equipment and damage caused by it, are covered by adequate insurance from the carrier and, failing that, to take all necessary measures to insure the rented equipment.

6-3 The cost of transporting the rented equipment is, on the outward journey as well as on the return journey, at the expense of the lessee, unless otherwise stipulated in the special conditions. If the transport is carried out by a third party, it is the responsibility of the person who commissioned the transport to prove that he has actually paid for it. If not, the accounts between the lessor and the lessee will be readjusted accordingly

6-4 The responsibility for loading and/or unloading and/or securing is that of the person or persons performing the same. The person in charge of loading and/or unloading the rented equipment must, if necessary, have a driving licence for this equipment from his employer.

6-5 In any case, when a damage is noticed at the arrival of the material, the consignee must immediately formulate the legal reserves with the carrier and inform the other party so that the conservatory measures can be taken without delay, and that the declarations of damage to the insurance companies can be made within the time limits.

6-6 The place of delivery and collection of the equipment is the one indicated in the contract when the lessor is in charge of it.

Article 7 – Installation, assembly, dismantling.

7-1 Installation, assembly and dismantling (when these operations are necessary) are carried out under the responsibility of the person who performs them, or has them performed.

7-2 The conditions of execution (deadline, price, etc.) are set out in the special conditions.

7-3 Installation, set-up and dismantling do not alter the duration of the rental period, which remains as defined in Article 4.

Article 8 – Maintenance of equipment

8-1 The lessor or the operator shall regularly perform all routine maintenance, cleaning, checking and topping up operations (lubrication, fuel, oils, antifreeze, tire pressure and condition, etc.) using the ingredients recommended by the lessor.

8-2 The hirer is obliged to replace wearing parts in compliance with the rules .

8-3 The lessee shall provide the lessor with sufficient time, in an accessible location, to perform these operations. The dates and duration of the interventions are agreed upon. Unless otherwise stipulated in the special conditions, the time required for the maintenance of the equipment at the expense of the lessor is an integral part of the rental period as defined in Article 4.

Article 9 – Breakdowns. Repairs

9-1 The operator shall inform the lessor immediately by any means at his convenience in case of breakdown immobilizing the equipment during the rental period.

9-2 As soon as the lessor is informed, the contract shall be suspended for the duration of the immobilization of the equipment as regards its payment, but shall remain in force for all other obligations, except as provided for in Article 10-1.

9-3 However, breakdowns lasting three hours or less shall not affect the terms of the contract which shall remain as defined in Article 4.

9-4 The hirer has the right to terminate the contract immediately as soon as the equipment has not been replaced within one working day following the information given to the lessor, except for specific provisions in the special conditions. Termination is subject to the return of the equipment.

9-5 No repairs may be undertaken by the lessee without the prior written consent of the lessor.

Article 10 – Obligations and responsibilities of the parties

10-1 The hirer has the legal custody of the rented equipment during the period of provision; he engages his responsibility for this fact subject to the clauses concerning the transport. The hirer is relieved of the custody of the material:

– during the time of the repair when this one intervenes at the initiative of the hirer

– in case of theft, the day of filing a complaint with the competent authorities. The hirer is obliged to communicate the complaint to the lessor.

– in case of loss, the day of the declaration made by the tenant to the landlord.

The hirer is responsible for the use of the rented material and for everything that concerns the taking into account :

– the nature of the soil and subsoil,

– the rules governing the public domain,

– of the environment.

The hirer must take all necessary measures to ensure safety in the area of installation and evolution of the equipment. It must

in particular to have removed or indicated the pipes, cellars, galleries, installations and electric lines etc. and in general all the elements which can create a risk during the use of the material

However, the responsibility of the hirer or that of his agent may be engaged in case of fault of one of them.

10-2 As soon as the rented equipment is made available on the site, the hirer is responsible for the conditions of execution of the work carried out by the operator.

The tenant

– assumes responsibility for the instructions and directions he/she gives to the operator, to ensure coordination of the equipment intervention and the activities of the work site.

– organizes the reception and the specific training of the operator as well as, if it considers it necessary, any additional safety information to the training given by the hirer

– Ensures the safety of the operator and the equipment in the area of the intervention site

– provides it with the same facilities as for its own staff, adequate for its checkroom, its meals and its tools.

10-2-1 The lessor assumes the control of the driving operations which he entrusts to a suitable, qualified and trained operator for these operations.

Therefore the operator,

– assesses the ability of the equipment to perform the work to be done,

– performs only tasks that are compatible with the rented equipment or with the safety rules.

In the event of a problem, the operator immediately notifies the rental company. The latter will take all necessary measures in agreement with the tenant.

The operator shall also:

– Have a correct attitude and dress,

– Respect the schedules defined in article 4.2,

– Comply with the health and safety regulations in force on the site. The payment of the operator is the sole responsibility of the lessor.

10-2-2 If the operator is unable, for any reason whatsoever, to perform the work for which he is working, the lessee shall immediately stop such work and immediately notify the lessor. In this case, the rental is interrupted from the moment the lessor is notified by the lessee. If the lessor is unable to replace the operator within 24 hours, the lessee has the right to terminate the contract in accordance with Article 19.

10-2-3 The lessor shall be liable for damage caused by its operator to the facilities and visible structures. In case of damage, the tenant must make a declaration, by all written means, addressed to the hirer within a maximum of 48 hours.

10-2-4 The equipment rented with operator circulates on the public road under the whole responsibility of the hirer and his operator.

10-3 The hirer cannot be held responsible for the harmful consequences of the hidden defects of the rented material or of the not apparent wear and tear making the material unfit for the use for which it is intended.

Article 11 – Damage caused to third parties (“civil liability” insurance)

11-1 Motorized Land Vehicle (MLV):

Obligations of the lessor :

When the rented equipment is a VTAM in the sense of the European directive n°72/166/CEE of April 24, 1972 and of the article L. 110-1 of the Highway Code, the hirer must have taken out a motor insurance contract in accordance with articles L. 211-1 and following of the Insurance Code. This contract covers damage caused to third parties by the rented equipment when it is involved in a traffic accident. The hirer must give to the 1st request of the tenant, a photocopy of his insurance certificate in force.

Tenant’s obligations:

The hirer undertakes to declare to the lessor, within 48 hours, by registered letter with acknowledgement of receipt, any accident caused by the vehicle or in which the vehicle is involved, so that the lessor can make a claim to his insurer within five days. The tenant remains responsible for the consequences of a delay or absence of declaration. The automobile liability insurance taken out by the lessor does not exempt the lessee from taking out “Corporate Civil Liability” insurance, in order to cover, in particular, damage caused to third parties by the rented VTAMs when they are not involved in a traffic accident.

11-2 Other Materials:

The hirer and the lessor must be covered, each for his own responsibility, by an insurance “Civil liability Company” for the damage caused to third parties by the rented equipment. The lessee shall comply with the provisions of Article 12-1 below in making its claims

Article 12 – Damage to the rented equipment (Insurance ” machine breakage, fire, theft… “)

12-1 In case of damage, the lessor invites the lessee to proceed to an amicable and contradictory report, which must be done within 5 working days.

In the event of an accident or any other damage, the tenant agrees to:

1) Take all necessary measures to protect the interests of the lessor or its insurance company,

2) Inform the rental company (agency having established the contract) within 48 hours by any written means mentioning the circumstances, date, time and place of the accident, the identification of the material and that of the third parties involved

3) in case of physical accident, theft or damage by vandalism, make a statement to the police authorities within 48 hours

4) To send, within two days, to the hirer, all the originals of the documents (police report, gendarmerie, bailiff’s report …) which will have been established.

Failing this, the lessee shall forfeit the guarantees that he/she would have subscribed to under article 12-4 below.

The rental agreement ends on the day the damage report is received from the tenant.

12-2 The lessee may cover his liability for damage to the rented equipment in three different ways:

12-2.1 By taking out insurance covering the equipment rented.

This insurance can be specific to the equipment in question or annual and cover all the equipment that the hirer rents. It must be taken out at the latest on the day the rented equipment is made available and must be maintained for the duration of the present rental contract.

The lessee shall inform the lessor of the existence of such insurance coverage. At the beginning of the year or at the latest when the equipment is made available, the lessee shall send the insurance certificate corresponding to the contract taken out, including in particular the commitment made by the insurance company to pay the indemnity into the hands of the lessor, the references of the contract that he has taken out, the amount of the guarantees and the excesses. The possible limits, exclusions and deductibles of compensation resulting from the insurance contract subscribed by the hirer are not opposable to the hirer with regard to the commitments of the contract.

12-2.2 By accepting, for the “Machinery Breakdown” coverage, the waiver of recourse by the lessor and its insurer at an additional cost (“Machinery Breakdown” coverage).

The terms and conditions of this machine breakdown and theft coverage by the lessor are set forth in Section 12-4 below.

12-2.3 By remaining its own insurer subject to the acceptance of the lessor.

In the absence of acceptance by the lessor, the lessee :

– either, takes out insurance covering the equipment rented under the conditions provided for in Article 12-2.1,

– or accepts the conditions of the lessor, as provided in Article 12-2.2.

12-3 In the event that the lessee insures the equipment with an insurance company or from his own funds, the loss shall be assessed :

– for repairable equipment: according to the amount of the repairs.

– for non-repairable or stolen equipment: from the replacement value, less a coefficient of wear and tear determined by an expert or, failing that, in the special conditions.

The compensation of the equipment by the hirer to the benefit of the lessor is made without delay, on the basis of the replacement value for a new equipment at the date of the damage (catalog value), and after deduction of a percentage of wear and tear of 10% per year capped at 50%. For equipment less than one year old, the deduction for obsolescence is 0.83% per month of age. In all cases, the tenant is liable for a minimum fixed compensation of 400 Euros excluding taxes. The compensation paid by the hirer does not entail the sale of the damaged equipment, which remains the exclusive property of the lessor. The lessor alone decides whether or not to proceed with the repair.

The tenant exercises recourse against his insurance company after the event.

12-4 Machine breakdown/theft coverage (all equipment, excluding registered vehicles)

In accordance with Article 12-2-2, the lessor offers the lessee a waiver of recourse in the following terms:

12-4-1 Scope of the warranty

Damage to equipment caused by normal use is covered. The tenant remains responsible for the consequences of a delay or absence of declaration.

Theft is covered when the tenant has taken the basic measures of protection (e.g. chains, locks, dismantled drawbar).

Outside the hours of use of the equipment, the guarantee is acquired when: the equipment is locked and parked in a closed area and the keys and papers are not left with the equipment.

Geographical scope: Metropolitan France.

12-4-2 Exclusions from coverage under Article 12-4-1 The following are excluded from coverage under Article 12-4-1:

– damage resulting from gross negligence or intentional failure to comply with the manufacturer’s recommendations or regulations in force,

– damage caused by unqualified or unauthorized personnel,

– flat tires, damage to hoses, removable parts, batteries, windows, lights, document box, etc.

– damage caused by corrosive products, oxidizing products, paints, cements and similar products as well as by the use of improper fuel,

– theft when the equipment is left unattended and unprotected, loss of equipment,

– damage resulting from acts of vandalism such as graffiti …. when these disorders are recurrent and no longer fall under the definition of a hazard, i.e. an accidental, sudden and unforeseeable event,

– transport, craneage (including on site) or towing operations; the exclusion does not apply to trailers taken on hire,

– the costs incurred to remove the damaged equipment (craning, towing, etc.), transport it or store it, even when these operations are performed by the lessor,

– damage to equipment in circulation or transported when it is the direct consequence of not respecting the height under the bridge and/or the highway code.

Where applicable, the provisions of Section 12-3 shall apply. In addition, the lessor reserves the right to take recourse against the responsible third party or its insurance company.

12-4-3 Pricing

General case: the rate is 10% of the basic rate of the rental price, per day of availability, including weekends and holidays.

12-4-4 Tenant’s share of the costs

Damage excluding theft and/or vandalism: 10% of the amount of the damage with a minimum of €400

Theft and/or Vandalism : 15% of the amount of the damage with a minimum of 700 €.

12-4-5 Maximum limit of coverage: 150,000 Euros per claim.

12-5 Damage coverage for registered vehicles

For registered vehicles (dump trucks, bucket trucks, vans, etc.), the guarantee is mandatory for any rental

12.5.1 Scope:

– material damage to the vehicle theft of the locked vehicle.

12.5.2 Exclusions:

The following are excluded from the warranty:

– glass breakage

– damage to equipment as a direct consequence of non-compliance with bridge heights and/or the Highway Code

– theft or loss of the personal effects of the tenant or his employees

12.5.3 Pricing:

The guarantee is charged at a rate of 10% of the basic rental price, per day of availability, including weekends and holidays.

12.5.4 Tenant’s Share :

For any traffic accident with fault or shared fault, or without identified third parties, the co-payment is 15% of the amount of damage, with a minimum of € 900ht

For damages caused to the equipment while it is in operation, the share remaining at the expense of the hirer is

– repairable equipment: 15% of the amount of the repairs with a minimum of 300 Euros excluding taxes.

– non-repairable equipment: 15% of the replacement value for new equipment (catalog value) with a minimum of 350 Euros excluding taxes.

12.5.5 The consequences of non-compliance with the provisions of the Highway Code remain the responsibility of the Hirer. In the event of a fine, the costs of deposit that the hirer would be required to pay to preserve his rights, will be re-invoiced to the hirer for their amount in addition to a flat fee of 20 € HT per fine, for administrative processing costs.

12.5.6 The failure of the hirer to transmit the amicable report to the lessor within the required time limits will result in the invoicing of a fixed penalty of 250 €.

12-6 Validity

In order to benefit from the guarantees referred to in Articles 12-4 and 12-5, the lessee must have complied with its contractual obligations and in particular its reporting obligations referred to in Article 12-1. If this is not the case, the lessor reserves the right to refuse or terminate the said guarantees during the rental period.

Article 13 – Regulatory Audits

13-1 The lessee must make the rented equipment available to the lessor or any person designated for the purposes of regulatory checks.

13-2 In the event that a regulatory verification reveals the unsuitability of the equipment, the latter has the same consequences as an immobilization (cf. article 9).

13-3 The cost of regulatory checks remains the responsibility of the lessor.

13-4 The time required to carry out the regulatory checks is an integral part of the rental period within the limit of one half working day.

Article 14 – Return of equipment

14-1 When the return transport of the equipment is carried out by the lessor or his service provider, the lessor and the lessee shall agree by any means on the date and place of return of the equipment. The legal custody shall pass to the lessor at the time of collection, or at the latest after 24 hours from the agreed collection date if the equipment cannot be collected within this period. For all requests made on Fridays or the day before a holiday, the material will be taken back at the latest on the next working day.

The hirer must keep the material at the disposal of the hirer in an accessible place.

14-2 The return or restitution voucher, materializing the end of the rental is established by the hirer. It is indicated in particular the day and the hour of restitution, as well as the reserves judged necessary in particular on the state of the restored material

14-3 The equipment and accessories not returned and not declared stolen or lost are invoiced to the hirer on the basis of the replacement value, after the expiry of the deadline for return fixed in the letter of notice.

14-4 In the event that the equipment requires repairs following damage attributable to the hirer, the lessor may invoice them to the hirer after contradictory report in accordance with article 12-1.

Article 15 – Price of the rental

15-1 Rent is generally charged per unit of time to be recalled for each rental, with any unit of time commenced being due up to one day.

The equipment is rented for a minimum of one day. The weekly rental period is normally calculated in working days (Monday to Friday). The hirer must inform the lessor in advance and in writing of any use on Saturdays, Sundays or public holidays,

15-2 The special conditions regulate the consequences of cancellation of a reservation. The hirer must inform the lessor, in writing, of the cancellation of a reservation of equipment, at the latest 24 hours before the agreed date of provision. If this is not the case, the day’s rental plus the cost of transport to and from the site will be invoiced to the hirer.

15-3 The possible intervention of technical personnel such as a fitter, is regulated by article 7.

15-4 In the event of a change in the initial rental period, the parties may renegotiate the price of the said rental.

15-5 The daily attachments must be signed, each day, by the tenant to whom a copy of this document will be given. The purpose of these attachments is to establish the invoicing and mention, if necessary, the reservations.

Article 16 – Payment

16-1 The terms of payment are set forth in the Special Conditions.

The non-payment of a single due date will result in the termination of the contract in accordance with Article 19, after formal notice has remained unsuccessful.

16-2 – Late payment penalties – Any invoice not paid by its due date shall incur late payment penalties, the rate of which is set in the special conditions and, failing that, in accordance with Article L. 441-6 of the French Commercial Code.

Article 17 – Inclement Weather Clauses

In case of bad weather conditions duly noted and causing a de facto non-use of the rented equipment, the rent is charged at a reduced rate to be negotiated between the parties.

Equipment rented by the month, on long-term or fixed-term contracts is excluded

Nevertheless the hirer keeps the legal custody of the material

Article 18 – Guarantee Payment

The Special Conditions shall determine the terms of the security owed by the Lessee for the obligations incurred by the Lessee. The lessor reserves the right to

the possibility of offsetting the security deposit against any amounts still owed by the tenant.

Article 19 – Termination

In the event of non-performance of its obligations by one of the parties, the other party is entitled to terminate the lease without prejudice to any damages it may claim. Termination shall take effect after a formal notice has been sent but has remained unsuccessful. The material is returned under the conditions of article 14. . The indivisibility between all contracts implies that the termination of one of them automatically entails the termination of the others, at the discretion of the lessor.

Article 20 – Eviction of the lessor

20-1 The lessee shall not assign, pledge or collateralize the rented equipment.

20-2 The hirer shall inform the lessor immediately if a third party attempts to assert rights over the leased equipment in the form of a claim, opposition or seizure.

20-3 The lessee may not remove or modify the property plates affixed to the leased equipment, nor the inscriptions made by the lessor. The lessee may not add any inscriptions or markings to the rented equipment without the permission of the lessor.

Article 21 – Operating Losses

As a matter of principle, direct and/or indirect operating losses cannot be covered. Similarly, the lessor shall not be liable for any immaterial damage resulting from the unavailability of the equipment.

Article 22 – Dispute Resolution

In the absence of an amicable agreement between the parties, any dispute shall be submitted to the competent court which may have been previously designated in the special conditions.

GENERAL CONDITIONS FOR THE RENTAL OF BUSINESS EQUIPMENT WITHOUT OPERATOR

Article 1 – General

1-1 The general interprofessional conditions for the rental of company equipment without an operator have been drawn up by a specialised commission bringing together users (FFB, FNTP) and rental professionals (DLR).

1-2 In order to be binding, these terms and conditions must be expressly mentioned in the rental agreement.

The contracting parties shall regulate the specific issues in the special conditions of the rental agreement.

1-3 The special terms and conditions of the lease agreement shall specify at a minimum:

– the definition of the rented equipment and its identification,

– the place of use and the start date of the rental,

– transportation conditions,

– the tariff conditions.

They may also indicate:

– the foreseeable duration of the lease,

– the conditions of availability.

1-4 The hirer puts at the disposal of the tenant a material in conformity with the regulation in force, the material put in hiring could be equipped with system of geolocation.

1-5 The tenant proves his identity by presenting to the hirer an identity document, the tenant must provide a K BIS extract of less than 3 months and a bank account number. Invoices are always issued in the name of the company. At the customer’s request, the order form can be attached to the invoice, if it is provided to the hirer in 2 copies

1-6 A purchase order is binding on the lessee regardless of the holder or signatory.

1-7 Any holder of equipment without a rental agreement duly drawn up and signed by the lessor may be prosecuted for misappropriation or theft of equipment

Article 2 – Place of Employment

2-1 The equipment is used exclusively on the specified job site or in a limited geographical area.

Any use outside of the construction site or the specified area without the explicit and prior agreement of the lessor may justify the termination of the rental contract.

2-2 The access to the building site will be authorized to the hirer or his agents, during the duration of the hiring. They must first present themselves to the site manager with the necessary personal protective equipment and respect the site rules and safety instructions.

These employees, ensuring the upkeep and maintenance of the equipment, nevertheless remain under the dependence and responsibility of the lessor.

2-3 The hirer proceeds to all steps with the competent authorities to obtain the authorizations to make circulate the rented material on the building site, and/or to make it park on the public road.

2-4 The hirer shall obtain for the benefit of the lessor or his agents the necessary authorizations to enter the site.

Article 3 – Provision of services

The signature of the contract is preliminary to the provision of the material. When this is not possible, the hirer undertakes to return the contract sent by the lessor, signed by him.

The person picking up the equipment at the agency or receiving it at the site on behalf of the hirer is presumed to be authorized.

3-1 The equipment and its accessories, and everything that allows a normal use, are made available to the tenant in good working order.

The hirer is entitled to refuse the equipment if the lessor does not provide the documents required by the regulations as well as all the necessary technical instructions.

Taking possession of the equipment transfers legal custody of the equipment to the lessee in accordance with Article 10-1.

3-2 Condition of the equipment at the time of provision

If a contradictory statement at the request of either party reveals the inability of the material to fulfill its normal purpose, the said material shall be considered as not conforming to the order.

In the absence of the hirer at the time of the delivery, this last one must make state to the hirer, in the 1/2 day following the delivery, of its written reserves, of the possible visible defects and/or the nonconformities with the order. In the absence of such reservations, the equipment is deemed to be in conformity and in perfect working order.

3-3 Date of availability

The lease agreement may provide for a delivery or pick-up date, at the option of the parties. The party responsible for making the delivery or removal shall give reasonable notice to the other party of its arrival.

Article 4 – Duration of the lease

4-1 The rental period starts on the day the rented equipment, its accessories and the operator are made available to the lessee under the conditions defined in Article 3. It ends on the day when the rented equipment and its accessories are returned to the lessor under the conditions defined in Article 14. These dates are fixed in the rental contract.

4-2 The foreseeable duration of the rental, starting from an initial date, can be expressed in any unit of time. Any change in this duration must be agreed upon again between the parties.

4-3 If it is not possible to determine the exact duration of the lease, the lease may also be concluded without a specific term. In this case, the notice periods for returning or taking back the equipment are specified in Article 14.

4-4 Incidents relating to the equipment and likely to interrupt the rental period are dealt with in Article 9.

Article 5 – Conditions of use

5-1 Nature of use

5-1-1 The lessee must inform the lessor of the specific conditions of use of the rented equipment so that the rules of use and safety fixed by the applicable regulations as well as by the manufacturer and/or the lessor are specified.

5-1-2 The equipment must be entrusted to duly qualified personnel with the required authorizations. The equipment shall be maintained in good working order and operated in accordance with the operating and safety rules specified in 5-1-1.

5-1-3 The hirer is forbidden to sublet and/or lend the equipment without the agreement of the lessor. However, within the framework of interventions related to the rescue, the hirer cannot oppose the use by other companies of the rented equipment. The tenant is still bound by the obligations of the contract. In addition, in the context of construction sites subject to health and safety coordination (SPS), the general coordination plan (PGCSPS) may provide for the use of materials by other companies. The lessor cannot object to this but the lessee is still bound by the obligations of the contract.

5-1-4 Any use, not in conformity with the preliminary declaration of the hirer or with the normal destination of the rented material, gives to the hirer the right to cancel the rental contract, in accordance with the provisions of article 19 and to require the restitution of the material.

5-2 Duration of use

The rented equipment can be used at discretion, in compliance with the special conditions, for a theoretical daily duration of 8 hours.

Any additional use obliges the hirer to inform the lessor and may result in an additional rent to be defined in the special conditions. Beyond 8 hours of use and unless otherwise agreed, any additional hour will be charged at 10% of the daily rate.

Article 6 – Transportation

6-1 The transportation of the rented equipment, on the outward journey as well as on the return journey, is carried out under the responsibility of the one of the parties who carries it out or has it carried out.

6-2 The party who causes the carriage to be performed shall exercise any recourse against the carrier. It is therefore the responsibility of this party to verify that all risks, both damage caused to the equipment and damage caused by it, are covered by adequate insurance from the carrier and, failing that, to take all necessary measures to insure the rented equipment.

6-3 The cost of transporting the rented equipment is, on the outward journey as well as on the return journey, at the expense of the lessee, unless otherwise stipulated in the special conditions. If the transport is carried out by a third party, it is the responsibility of the person who commissioned the transport to prove that he has actually paid for it. If not, the accounts between the lessor and the lessee will be readjusted accordingly

6-4 The responsibility for loading and/or unloading and/or securing is that of the person or persons performing the same. The person in charge of loading and/or unloading the rented equipment must, if necessary, have a driving licence for this equipment from his employer.

6-5 In any case, when a damage is noticed at the arrival of the material, the consignee must immediately formulate the legal reserves with the carrier and inform the other party so that the conservatory measures can be taken without delay, and that the declarations of damage to the insurance companies can be made within the time limits.

6-6 The place of delivery and collection of the equipment is the one indicated in the contract when the lessor is in charge of it.

Article 7 – Installation, assembly, dismantling.

7-1 Installation, assembly and dismantling (when these operations are necessary) are carried out under the responsibility of the person who performs them, or has them performed.

7-2 The conditions of execution (deadline, price, etc.) are set out in the special conditions.

7-3 Installation, set-up and dismantling do not alter the duration of the rental period, which remains as defined in Article 4.

Article 8 – Maintenance of equipment

8-1 The lessee shall regularly perform all routine maintenance operations, cleaning after each use, checking and topping up (lubrication, fuel, oils, antifreeze, pressure and condition of tires, battery level, control of filtration systems, etc.) using the ingredients recommended by the lessor.

8-2 The lessor is obliged to replace wearing parts in compliance with environmental regulations.

8-3 The lessee shall provide the lessor with sufficient time, in an accessible location, to perform these operations. The dates and duration of the interventions are agreed upon. Unless otherwise stipulated in the special conditions, the time required for the maintenance of the equipment at the expense of the lessor is an integral part of the rental period as defined in Article 4.

Article 9 – Breakdowns. Repairs

9-1 The tenant informs the hirer immediately by any means at his convenience in case of breakdown immobilizing the equipment during the rental period.

9-2 As soon as the lessor is informed, the contract shall be suspended for the duration of the immobilization of the equipment with respect to its payment, but shall remain in force for all other obligations, except as provided in Article 10-1.

9-3 However, breakdowns lasting three hours or less shall not affect the terms of the contract which shall remain as defined in Article 4.

9-4 The hirer has the right to terminate the contract immediately as soon as the equipment has not been replaced within one working day following the information given to the lessor, except for specific provisions in the special conditions. Termination is subject to the return of the equipment.

9-5 No repairs may be undertaken by the lessee without the prior written consent of the lessor.

9-6 The costs of repairs, as well as the associated expenses (transport costs, immobilization of the material…), consecutive to an abnormal wear of the material or to a breakage of parts due to a use not in conformity, to an accident or to a negligence are the responsibility of the tenant.

Article 10 – Obligations and responsibilities of the parties

10-1 The hirer has the legal custody of the rented equipment during the period of provision; he engages his responsibility for this fact subject to the clauses concerning the transport. The hirer shall take all necessary steps to ensure the safety of the equipment, both during and outside of its hours of use.

The hirer is relieved of the custody of the material:

– during the time of the repair when this one intervenes at the initiative of the hirer

– in case of theft, the day of filing a complaint with the competent authorities. The hirer is obliged to communicate the complaint to the lessor.

– in case of loss, the day of the declaration made by the tenant to the landlord.

The hirer is responsible for the use of the rented material and for everything that concerns the taking into account :

– the nature of the soil and subsoil,

– the rules governing the public domain,

– of the environment.

The hirer must take all necessary measures to ensure safety in the area of installation and evolution of the equipment. In particular, he must have removed or indicated the pipes, cellars, galleries, installations and electric lines etc. and in general all the elements which can create a risk during the use of the material

However, the responsibility of the hirer or that of his agent may be engaged in case of fault of one of them.

10-2 Tenant may not:

– use the rented equipment for any purpose other than that for which it is normally intended, – use the equipment in conditions different from those for which the rental was made, – violate the safety regulations set by both the regulations by the manufacturer and/or lessor. – use the equipment on sites subject to thematic communication obligations, except with the prior agreement of the lessor and the signature of an amendment specifying the specific conditions of the rental.

10-3 The hirer cannot be held responsible for the harmful consequences of the hidden defects of the rented material or of the not apparent wear and tear making the material unfit for the use for which it is intended. In case of discovery of hidden defect of the material by the hirer, the latter commits himself to warn immediately the hirer in writing and to stop the material if this action does not involve the creation of additional risk.

10-4 The hirer shall take all necessary measures to preserve the rights of the lessor or to enable him to exercise any possible recourse against third parties.

Article 11 – Damage caused to third parties (“civil liability” insurance)

11-1 Motorized Land Vehicle (MLV):

Obligations of the lessor :

When the rented equipment is a VTAM in the sense of the European directive n°72/166/CEE of April 24, 1972 and of the article L. 110-1 of the Highway Code, the hirer must have subscribed a motor insurance contract in conformity with the articles L. 211-1 and following of the Insurance Code. This contract covers damages caused to third parties by the rented equipment when it is involved in a traffic accident. The hirer must give to the 1st request of the tenant, a photocopy of his insurance certificate in force.

Damage to property belonging to the lessee and his employees, whether or not carried in the vehicle, or to property entrusted to them, is excluded from the traffic liability coverage taken out by the lessor. These damages remain the responsibility of the tenant and must be covered by the insurance policy taken out by the latter.

For any traffic accident with exclusive or shared fault, the share remaining at the expense of the hirer for the damage caused to third parties is 15% of the amount of the damage, with a minimum of € 900 excl.

Tenant’s obligations:

The hirer undertakes to declare to the lessor, within 48 hours, by registered letter with acknowledgement of receipt, any accident caused by the vehicle or in which the vehicle is involved, so that the lessor can make a claim to his insurer within five days. The tenant remains responsible for the consequences of a delay or absence of declaration. The automobile liability insurance taken out by the lessor does not exempt the lessee from taking out a “Company Liability” insurance policy, in order to to cover, in particular, damage caused to third parties by rented VTAMs when they are not involved in a traffic accident.

11-2 Other Materials:

The hirer and the lessor must be covered, each for his own responsibility, by an insurance “Civil liability Company” for the damage caused to third parties by the rented equipment.

The lessee shall comply with the provisions of Article 12-1 below in making its claims

Article 12 – Damage to the rented equipment (Insurance “machine breakdown, fire, theft…”)

12-1 In case of damage, the lessor invites the lessee to proceed to an amicable and contradictory report, which must be done within 5 working days.

In the event of an accident or other loss, the tenant agrees to:

1) Take all necessary measures to protect the interests of the lessor or its insurance company,

2) Inform the rental company (agency having established the contract) within 48 hours by any written means mentioning the circumstances, date, time and place of the accident, the identification of the material and that of the third parties involved

3) in the event of a physical accident, theft or damage by vandalism, make a statement to the police authorities within 48 hours

4) To send, within two days, to the hirer, all the originals of the documents (police report, gendarmerie, bailiff’s report …) which will have been established.

Failing this, the lessee shall forfeit the guarantees that he/she would have subscribed to under article 12-4 below.

The rental agreement ends on the day the damage report is received from the tenant.

12-2 The lessee may cover his liability for damage to the rented equipment in three different ways:

12-2.1 By taking out insurance covering the equipment rented.

This insurance can be specific to the equipment in question or annual and cover all the equipment that the hirer rents. It must be taken out at the latest on the day the rented equipment is made available and must be maintained for the duration of the present rental contract.

The lessee shall inform the lessor of the existence of such insurance coverage. At the beginning of the year or at the latest when the equipment is made available, the lessee shall send the insurance certificate corresponding to the contract taken out, including in particular the commitment made by the insurance company to pay the indemnity into the hands of the lessor, the references of the contract that he has taken out, the amount of the guarantees and the excesses. The possible limits, exclusions and deductibles of compensation resulting from the insurance contract subscribed by the hirer are not opposable to the hirer with regard to the commitments of the contract.

In case of damage to the equipment, the hirer and his insurers waive all recourse against the lessor and his insurers.

In case of insufficient insurance coverage, the lessor reserves the right to request additional coverage

12-2.2 By accepting, for the “Machinery Breakdown” coverage, the waiver of recourse by the lessor and its insurer at an additional cost (“Machinery Breakdown-Theft” coverage).

The terms and conditions of this machine breakdown and theft coverage by the lessor are set forth in Section 12-4 below.

12-2.3 By remaining its own insurer subject to the acceptance of the lessor.

In the absence of acceptance by the lessor, the lessee :

– either, takes out insurance covering the equipment rented under the conditions provided for in Article 12-2.1,

– or accepts the conditions of the lessor, as provided in Article 12-2.2.

12-3 In the event that the lessee insures the equipment with an insurance company or from his own funds, the loss shall be assessed :

– for repairable equipment: according to the amount of the repairs.

– for non-repairable or stolen equipment: from the replacement value, less a coefficient of wear and tear determined by an expert or, failing that, in the special conditions.

The compensation of the equipment by the hirer to the benefit of the lessor is made without delay, on the basis of the replacement value for a new equipment at the date of the damage (catalog value), and after deduction of a percentage of wear and tear of 10% per year capped at 50%. For equipment less than one year old, the deduction for obsolescence is 0.83% per month of age. In all cases, the tenant is liable for a minimum fixed compensation of 400 Euros excluding taxes. The compensation paid by the hirer does not entail the sale of the damaged equipment, which remains the exclusive property of the lessor. The lessor alone decides whether or not to proceed with the repair.

The tenant exercises recourse against his insurance company after the event.

12-4 Machine breakdown/theft coverage (all equipment, excluding registered vehicles)

In accordance with Article 12-2-2, the lessor offers the lessee a waiver of recourse in the following terms:

12-4-1 Scope of the warranty

Damage to equipment caused by normal use is covered. The tenant remains responsible for the consequences of a delay or absence of declaration. Damage to equipment under normal use is covered.

Theft is covered when the tenant has taken the basic measures of protection (e.g.: chains, locks, padlocks, dismantled drawbar…)

Outside the hours of use of the equipment, the guarantee is acquired when: the equipment is locked and parked in a closed area and the keys and papers are not left with the equipment.

Geographical scope: Metropolitan France.

12-4-2 Exclusions from coverage under Article 12-4-1 The following are excluded from coverage under Article 12-4-1:

– damage resulting from gross negligence or intentional failure to comply with the manufacturer’s recommendations or regulations in force,

– damage caused by unqualified or unauthorized personnel,

– flat tires, damage to hoses, removable parts, batteries, windows, lights, document box, etc.

– damage caused by corrosive products, oxidizing products, paints, cements and similar products as well as by the use of improper fuel,

– theft when the equipment is left unattended and unprotected, loss of equipment,

– damage resulting from acts of vandalism such as graffiti …. when these disorders are recurrent and no longer fall under the definition of a hazard, i.e. an accidental, sudden and unforeseeable event,

– transport, craneage (including on site) or towing operations; the exclusion does not apply to trailers taken on hire,

– the costs incurred to remove the damaged equipment (craning, towing …), transport it or store it, even when these operations are carried out by the lessor,

– damage to equipment in circulation or transported when it is the direct consequence of not respecting the height under the bridge and/or the highway code.

Where applicable, the provisions of Section 12-3 shall apply. In addition, the lessor reserves the right to take recourse against the responsible third party or its insurance company.

12-4-3 Pricing

General case: the rate is 10% of the basic rate of the rental price, per day of availability, including weekends and holidays.

12-4-4 Tenant’s share of the costs

Damage excluding theft and/or vandalism: 10% of the amount of the damage with a minimum of €400

Theft and/or Vandalism : 15% of the amount of the damage with a minimum of 700 €.

12-4-5 Maximum limit of coverage: 150,000 Euros per claim.

12-5 Damage coverage for registered vehicles

For registered vehicles (dump trucks, bucket trucks, vans, etc.), the guarantee is mandatory for any rental

12.5.1 Scope:

– material damage to the vehicle theft of the locked vehicle.

12.5.2 Exclusions:

The following are excluded from the warranty:

– glass breakage

– damage to equipment as a direct consequence of non-compliance with bridge heights and/or the Highway Code

– theft or loss of the personal effects of the tenant or his employees

12.5.3 Pricing:

The guarantee is charged at a rate of 10% of the basic rental price, per day of availability, including weekends and holidays.

12.5.4 Tenant’s Share :

For any traffic accident with fault or shared fault, or without identified third parties, the co-payment is 15% of the amount of damage, with a minimum of € 900ht

For damages caused to the equipment while it is in operation, the share remaining at the expense of the hirer is

– repairable equipment: 15% of the amount of the repairs with a minimum of 300 Euros excluding taxes.

– non-repairable equipment: 15% of the replacement value for new equipment (catalog value) with a minimum of 350 Euros excluding taxes.

12.5.5 The consequences of non-compliance with the provisions of the Highway Code remain the responsibility of the Hirer. In the event of a fine, the costs of deposit that the hirer would be required to pay to preserve his rights, will be re-invoiced to the hirer for their amount in addition to a flat fee of 20 € HT per fine, for administrative processing costs.

12.5.6 The failure of the hirer to transmit the amicable report to the hirer within the required time limits will result in the invoicing of a fixed penalty of 250 €.

12-6 Validity

In order to benefit from the guarantees referred to in Articles 12-4 and 12-5, the lessee must have complied with its contractual obligations and in particular its reporting obligations referred to in Article 12-1. If this is not the case, the lessor reserves the right to refuse or terminate the said guarantees during the rental period.

Article 13 – Regulatory Audits

13-1 The lessee must make the rented equipment available to the lessor or any person designated for the purposes of regulatory checks.

13-2 In the event that a regulatory verification reveals the unsuitability of the equipment, the latter has the same consequences as an immobilization (cf. article 9).

13-3 The cost of regulatory checks remains the responsibility of the lessor.

13-4 The time required to carry out the regulatory checks is an integral part of the rental period within the limit of one half working day.

Article 14 – Return of equipment

14-1 At the expiration of the lease, for whatever reason;

possibly extended by mutual agreement, the tenant is required to return the equipment in good condition, taking into account normal wear and tear to the duration of use, cleaned and, if necessary, refilled with fuel done. If this is not the case, the supply of fuel will be invoiced to the hirer.

The equipment is returned, unless otherwise agreed by the parties, to the lessor’s warehouse during the latter’s opening hours.

14-2 When the return transport of the equipment is carried out by the lessor or his service provider, the lessor and the lessee shall agree by any means on the date and place of return of the equipment. The legal custody shall pass to the lessor at the time of collection, at the latest after 24 hours from the agreed collection date, if the equipment could not be collected within this period.

For all requests made on Fridays or the day before a holiday, the material will be taken back at the latest on the next working day.

The hirer must keep the material at the disposal of the hirer in an accessible place.

14-3 The return or restitution voucher, materializing the end of the rental is established by the hirer. It is indicated in particular the day and the hour of restitution, as well as the reserves judged necessary in particular on the state of the restored material

14-4 The equipment and accessories not returned and not declared stolen or lost will be invoiced to the hirer on the basis of the replacement value, after the expiry of the deadline for return set in the letter of formal notice.

14-5 In the case where the material requires repairs consecutive to damage attributable to the hirer, the hirer can invoice them to the hirer after contradictory report in accordance with article 12.

14-6 In the case of work sites subject to systematic obligation of decontamination, the return of the equipment is subject to the provision by the tenant of the decontamination certificate. If not, the rental continues.

Article 15 – Price of the rental

15-1 Rent is generally charged per unit of time to be recalled for each rental, with any unit of time commenced being due up to one day.

The equipment is rented for a minimum of one day. The weekly rental period is normally calculated in working days (Monday to Friday). The hirer must inform the lessor in advance and in writing of any use on Saturdays, Sundays or public holidays.

15-2 The special conditions regulate the consequences of cancellation of a reservation. The hirer must inform the lessor, in writing, of the cancellation of a reservation of equipment, at the latest 24 hours before the agreed date of provision. If this is not the case, the day’s rental plus the cost of transport to and from the site will be invoiced to the hirer.

15-3 The possible intervention of technical personnel such as a fitter, is regulated by article 7.

15-4 In the event of a change in the initial rental period, the parties may renegotiate the price of the said rental.

Article 16 – Payment

16-1 The terms of payment are set forth in the Special Conditions.

The non-payment of a single due date will result in the termination of the contract in accordance with Article 19, after formal notice has remained unsuccessful.

16-2 – Late fees

Any unpaid invoice on its due date will incur late payment penalties.

Article 17 – Inclement Weather Clauses

In case of bad weather conditions duly noted and causing a de facto non-use of the rented equipment, the rent is charged at a reduced rate to be negotiated between the parties.

Equipment rented by the month, on long-term or fixed-term contracts is excluded

Nevertheless the hirer keeps the legal custody of the material

Article 18 – Guarantee Payment

The Special Conditions shall determine the terms of the security owed by the Lessee for the obligations incurred by the Lessee.

The lessor reserves the right to make a compensation between the deposit and all sums which would remain due by the tenant.

Article 19 – Termination

In case of non-performance of its obligations by one of the parties, the other party is entitled to terminate the lease without prejudice to any damages it may claim. Termination shall take effect after a formal notice has been sent but has remained unsuccessful. The material is returned under the conditions of article 14. The indivisibility between all contracts implies that the termination of one of them automatically entails the termination of the others, at the discretion of the lessor.

Article 20 – Eviction of the lessor

20-1 The lessee shall not assign, pledge or collateralize the rented equipment.

20-2 The hirer shall inform the lessor immediately if a third party attempts to assert rights over the leased equipment in the form of a claim, opposition or seizure.

20-3 The lessee may not remove or modify the property plates affixed to the leased equipment, nor the inscriptions made by the lessor. The

The lessee may not add any inscription or mark on the rented equipment without the authorization of the lessor.

Article 21 – Operating Losses

As a matter of principle, direct and/or indirect operating losses cannot be covered. Similarly, the lessor shall not be liable for any immaterial damage resulting from the unavailability of the equipment.

Article 22 – Dispute Resolution

In the absence of an amicable agreement between the parties, any dispute shall be submitted to the competent court which may have been previously designated in the special conditions.