GENERAL CONDITIONS of the RENTAL CONTRACT dated 09/03/2015
With this contract, GIFFI NOLEGGI SRL undertakes to lease its industrial machines to the Company indicated in the epigraph "client", which undertakes to rent said machines under the conditions indicated below and at the price referred to in the relative price list in force at the time of the individual rentals and for the duration that will be requested from time to time, compatibly with the availability in place at GIFFI NOLEGGI SRL.
1) Under the conditions set out at the time of signing the contract, each individual rental, subject to verbal agreements, shall be commissioned in writing also by fax with the express indication of the type of machine required, the duration, as well as the nature (cold or hot) of the rental.
2) The rental can be agreed cold (i.e. excluding operator, fuel, lubricant and consumables) or hot (i.e. including operator, fuel, lubricant and consumables).
3) Where due to the nature of the work it is not possible to predetermine the exact duration of the rental at the time of the commission, the client undertakes to communicate it to the lessor, indicating, however, the duration with the words "Expected end". In such cases, the duration of the rental will be considered as a minimum until the "expected end" date indicated by the client, except for the possibility of extension for the time that the client undertakes to communicate exactly to the lessor with notice also by fax at least one day before the date of the original "expected end" deadline indicated.
4) The rental period, both hot and cold, is calculated from the time of delivery to the time of return. The delivery of the machine is considered carried out at the premises of the lessor and peers. The return is carried out at the time of return to the lessor's premises. Any transport of the machine by GIFFI NOLEGGI SRL must be expressly agreed upon between the parties. In the case of transport by GIFFI NOLEGGI SRL, any authorisations, permits and technical solutions that may be necessary to reach the place of delivery remain the responsibility of the client. The transport cost is intended as a minimum route, with immediate loading and unloading operations upon arrival at the site, any changes in the route due to "force majeure", and/or stops due to failure to deliver immediately upon arrival at the site of delivery will be quantified and charged to the client. With the collection of the machine, the client ascertains its efficiency as well as its compliance with the uses for which it is intended and its perfect functionality: every defect and reserve must be strictly reported at the time of delivery of the machine. From the moment of delivery to the moment of return, the client assumes all responsibility related to both the use and transport of the machine, also acting as its guardian.
5) The commission of each individual rental, even via fax, the collection of the car, the signing of the relative delivery note will be physically carried out by employees or in any case appointed from time to time by the client and on behalf of the same.
6) The client undertakes to use the machine with particular diligence, taking care to avoid any use or manoeuvre which, due to time and place conditions, can be risky and cause damage to the machine itself, people or things as well as towards the Labor Inspectorate and of any other authority. The client is in any case responsible for direct and indirect damages caused to third parties and to the machine itself when the rental is agreed by the operator of the machine according to the directives and indications provided by the client and/or their auxiliaries. In cold rental, the operator designated by the client must be technically prepared for the use of the same and equipped with the regular certificates of suitability and qualification for the use and driving of the vehicle required by law (driving license, etc.). The client, solidly to the operator, aware of the penal sanctions referred to in Article 76 of Presidential Decree no. 445 dated 28/12/2000, in the event of false declarations and training or use of false documents, assumes responsibility for any damage caused to the vehicle or third parties if the aforementioned requirements, certifications and qualifications do not exist. The violation of this clause entails the automatic termination of this contract and of the single rental with the total loss of the deposit to be attributed to reimbursement of the damage, notwithstanding the lessor's right to any greater damages.
7) Ordinary maintenance of the machine is borne by the client. Disassembly, modification and repairs not authorised by the lessor are strictly prohibited. In the event of breakdowns or malfunctions, the client shall immediately suspend all activities, giving
communication to the lessor. Any intervention and repair can only be carried out by personnel and companies indicated by the lessor, and only at centres authorised by GIFFI NOLEGGI SRL indicated by the lessor, with transport by the client. Any additional requests for: off-site assistance; transport of equipment or vehicle replacement will be quantified and charged to the client. The violation of this clause entails the automatic termination of this contract and of the single rental with the total loss of the deposit to be attributed to reimbursement of the damage, notwithstanding the lessor's right to any greater damages.
8) The lessor is not liable for damage or breakdowns caused by the use of the machine that does not comply with the indications of the matter or in any case incorrect or appropriate according to the diligence of a responsible owner.
9) The unavailability and the downtime of the machine for any reason and duration do not entitle the client to any compensation for damages. The lessor is obliged exclusively to replace the machine, compatibly in place at the lessor, or in any case to ensure that the repairs are carried out in the shortest possible time, all at the GIFFI ROLEGGI centres indicated by the lessor, with transport by the client. Each single external service is to be considered additional and will be quantified and charged to the client.
10) The client is also responsible for:
a) Daily maintenance operations (such as, for example, topping up and replacing oils, cooling system water, cleaning and greasing the machine, periodic cleaning and replacement of filters, checking the density electrolyte and topping up the battery's distilled water, etc.) and the related materials which must be of the types prescribed by the manufacturers (refer to the lessor);
b) Tyre maintenance or replacement in case of breakage or cuts;
c) The repair of faults or wear due to negligence, improper use or overload of the machinery, not having stopped the machinery immediately upon the occurrence of the defects;
d) The workings or repairs necessary to eliminate wear exceeding the norm;
e) Sanctions or fines. The same will be transferred to the client with a charge and invoice of € 48.70 + VAT for administrative management.
f) If during the course of the rental relationship, the rented vehicle is damaged by the customer and has become temporarily unusable, for the entire period of the temporary impediment and the entire reasonable period for the repair, the payment of the rental fee is equally due to the lessor.
g) GIFFI NOLEGGI SRL reserves the right to request 1) - a lump sum by way of reimbursement of any increase in the insurance policy of the rented vehicle if it is involved in an accident; 2) - The total reimbursement of insurance overdrafts and deductibles (MTPL/ALL-RISK/THEFT-FIRE), where present, in the event of an insurance claim;
11) The agreed rental payments must be made at the GIFFI NOLEGGI SRL headquarters by the date agreed in the contract. Any different payment terms must be expressly agreed upon in writing.
12) In the event of late payments, default interest will be paid to the lessor to the maximum extent permitted by the legislation in force at the time of signing this contract.
13) GIFFI NOLEGGI SRL has the right to subordinate the acceptance of the rental commission to the payment of the security deposit to guarantee the exact payment of the rental fee and other obligations.
14) For any dispute, the jurisdiction of the Court of Avezzano is recognised, whatever the agreed way and place for payment and return of the vehicle.
15) The client declares that the hired vehicles will be conducted by adequately trained personnel pursuant to Article 73 of the Legislative Decree no. 81/08.
16) Giffi Noleggi reserves the right to validate the rental contract and to withdraw at any time without notice.
They are expressly approved pursuant to Article 1341 et seq of the Civil Code the express termination clauses no. 6 and 7, those limiting responsibilities n. 4/6/8/9/10, those of conventional interests no. 12 and the derogation of the Court no. 14. It is expressly approved under Article 73 of the Legislative Decree no. 81/08, we expressly approve Clause 15. We expressly approve Clauses no. 1/2/3/5/11/13.
Having viewed the documentation supplied with the vehicle: booklets and legal certificates, copy of the user and maintenance manual.
Rates related to mileage limited to 100Km/day. Rate for excess Km: € 0.20 + VAT/Km for vehicles up to 35ql, € 0.50 + VAT/Km for vehicles over 35ql. Rates relating to a single shift of work (maximum 8 hours per day up to a maximum of 180 hours per month). The rates specified for rental durations are valid for continuous rental without breaks or interruptions, in the case of different
deliveries/collections referring to the same contract, the rates automatically restart from the "1 or 2 days" freight. THE CLIENT, both in "hot" and "cold" freight, raises the GIFFI NOLEGGI SRL. from any responsibility for any inadequacy of the vehicle, which is chosen by the CLIENT themselves for the necessary operations.
The CLIENT expressly authorises GIFFI NOLEGGI SRL to verify at any time, including through satellite systems, the position, telemetry and status of the rental vehicles. The days of Saturday, Sunday and holidays will be considered business ones in the case of ignition of the vehicles.
THE CLIENT undertakes to communicate to the GIFFI NOLEGGI SRL company only by fax, the end of the use of the equipment at least two days before the term itself.
The CLIENT undertakes to use the leased object exclusively in a non-dusty, non-abrasive, non-corrosive environment. The equipment will be returned in condition as delivered, with no dents, paint damage, tyre cuts etc. For the restoration of the equipment, a regular invoice will be issued with a sight draft.
Ordinary maintenance is charged to the CLIENT, any damage due to inexperience or misuse of the vehicle will be charged entirely to the client upon verification of the damage.
THE CLIENT OF SUBJECT MATTER/S OF THE CONTRACT, RENTED IN COLD, DECLARES THAT THE SAME SHALL BE HANDLED BY PERSONNEL ADEQUATELY TRAINED IN ACCORDANCE WITH ARTICLE 73 OF LEGISLATIVE DECREE 81/08, and that they have been familiarised with the use of the same vehicle and have been informed and trained on the use of the machine, of the specific safety regulations of the machine, of the commands for its use plus the characteristics of the vehicle.
In case of delay in payments beyond the due date on the invoice, default interest calculated on the basis will be applied daily at a rate equal to the reference rate set by the ECB plus eight percentage points (ART. 4 Legislative Decree 9/11/2012, No. 192).
The CLIENT undertakes to communicate immediately to GIFFI NOLEGGI SRL the occurrence of breakdowns or malfunctions of the equipment. Machine stops will not be accepted. Any intervention and repair can be carried out only by personnel and companies indicated by the lessor, and only at centres authorised by GIFFI NOLEGGI SRL indicated by the lessor, with transport by the CLIENT.
Any additional intervention of: off-site assistance; transport of equipment or vehicle replacement; other miscellaneous and eventual ones will be quantified and charged to the CLIENT.
We expressly declare that we approve clauses 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15 of your general rental conditions which are an integral part of the contract.