CP ApS - General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE,
RENTAL AND DELIVERY
– valid as of 01 October 2016*
1. GENERAL TERMS AND CONDITIONS
Unless otherwise agreed in writing the following terms
and conditions and CP ApS’ list prices apply to all rentals
agreed upon with CP ApS.
The entity or individual who requests the service is hereinafter
referred to as the “Customer” and CP ApS as the
“Rental Company”.
The present General Terms and Conditions of Sale,
Rental and Delivery (hereinafter the “Terms”) constitute,
together with the Rental Company’s quotation and order
confirmation, the total contractual basis for any rental
entered into with the Rental Company. The Customer’s
terms and conditions of purchase and the like printed on
orders or otherwise communicated to the Customer do
not form part of the contractual basis.
1.1 Prices
All prices are ex works, excluding VAT, insurance, environmental
fees, transport and consumables in connection
with use, e.g. electricity, water, heating, cleaning,
fuel, etc. the Rental Company is entitled to change prices
in accordance with section 11 as the Rental Company
may, without notice, change prices if the change is due
to the regulation of duties and taxes.
1.2 Quotations, orders and order confirmations
The Rental Company’s quotations, both oral and written,
are valid for only 30 days after the date of the quotation,
unless a shorter period is stated.
A quotation may expire if the equipment is sold or rented
out to another party.
The Rental Company reserves the right to make changes
in the rented equipment and services until the delivery
date. In these situations, The Rental Company guarantees
a corresponding functionality and performance.
The Customer may rely solely on the terms and conditions
of the individual agreement on the rented equipment.
Information provided by the Rental Company,
orally and online, in brochures and the like are therefore
irrelevant to assessment of the rented equipment.
If the Rental Company’s order confirmation does not
match the Customer’s order or basis for agreement, and
the Customer does not wish to accept the discrepancy in
the order confirmation, then the Customer shall immediately
notify the Rental Company in writing. In the opposite
case, the Customer is bound by the order confirmation.
Changes in relation to specified quotations/concluded
agreements require the Rental Company’s written consent
in each case.
2. OBJECT OF THE RENTAL
2.1 Duration and termination of the lease
The rental goes into effect from the day the rented equipment
leaves the Rental Company’s location and runs until
the day it is returned to the Rental Company’s location
in a state suitable for renting out. As a result, any necessary
cleaning, repairs and re-establishment of any
adjustments, etc. will lead to an extension of the rental
period. If the rented equipment does not leave the Rental
Company’s location at the agreed time, and the delay is
due to the Customer’s circumstances, then the Rental
Company, in relation to payment of the rental fee, is entitled
to regard the rental period as having commenced at
the agreed time. If the rented equipment reserved by the
Customer must be adapted to suit the Customer’s special
requirements, or other Customer considerations that
also limit the availability of the rented equipment for the
Rental Company, then the Customer is obliged to pay
the rent from the day the limitation (reservation, adjustment,
etc.) commences.
The termination of rentals for equipment must be made
with one day’s notice. The minimum rental period is one
day.
The termination of rentals of portable cabins and of rentals
of containers and associated accessories must be
made, however, with seven days’ notice.
The minimum rental period for portable cabins and containers
is 30 days.
The termination of rentals of pavilions must be made with
60 days’ notice. The minimum rental period for pavilions
is agreed upon by contract but is always at least 30 days.
Regardless of the termination of a rental, the Customer is
liable for the rented equipment until it has been returned
to the Rental Company’s location.
2.2 Lease fee, etc.
Generally
The daily rental fee is calculated for the entire rental period,
regardless of whether the rented equipment is used
or not.
The Customer shall bear all costs for current consumption
in connection with the use of the rented equipment.
The Customer must pay all costs relating to transport,
adjustments, mounting, assembly, dismantling, removal,
re-establishment, repair and cleaning.
Parking charges and other public fees incurred in the
rental of equipment will be invoiced to the Customer, with
an administration fee based on the price list.
Static equipment
The rental charge for rented equipment that is of a static
(non-moving) nature, including for instance construction
site fences, lighting, dehumidifiers, signs, heat guns, heat
blowers, generators, pumping equipment, shutters, iron
plates and scrapers, lorries, containers, pavilions and all
related accessories, is calculated per calendar day.
Non-static equipment
The charge for rented equipment of a non-static nature to
businesses (customers with a company registration number)
is calculated per work day. Non-commercial customers
pay the rental charge per calendar day.
The rented equipment can be used for up to 7.5 hours
per work day, unless stated otherwise on the price list.
If the equipment is used for more than 7.5 hours a day,
then an extra rental fee is charged.
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If the equipment is used on a Saturday and/or Sunday
and/or public holiday, then they will also be considered
rental days and a rental fee will be charged for all other
equipment on the site.
3. CUSTOMER’S OBLIGATIONS AND
RESPONSIBILITIES
3.1 Transport, installation, etc.
The Customer must pay for transport, which is calculated
based on the applicable rates or quotation. Any delivery
times mentioned are expected times, subject to unforeseen
delays.
The Rental Company’s transport prices are based on
open and stable access conditions on an even, solid, etc.
surface without the use of mobile cranes. Any damages
or additional expenses that arise if this is not the case
are the responsibility of the Customer.
In addition, all prices are based on transport within the
Rental Company’s normal opening hours. See:
www.cp.dk.
In the event of uneven or sloping surfaces, the Customer
should expect an extra charge. In the event that the conditions
do not allocate free access, or where the obstacles
include, for example, power supply cables or aerial
wires, an additional fee will also be levied.
The Rental Company will obtain the necessary permits
for setting up on public street areas. The expedition time
for obtaining such permits varies, and the Rental Company
can in no way be held liable for delays in obtaining
permits. Any related parking fees will be invoiced to the
Customer with a processing fee based on the current
price list.
The Customer should note that the police require the
Customer to cordon off public area at least 48 hours before
the equipment is set up.
The Rental Company assumes no responsibility for any
additional costs incurred in the case of parked cars or
similar occurrences in the locked area.
The Customer has the right to pick up the equipment at
one of the Rental Company’s sites, which gives the Customer
full liability during transport and unloading.
The Customer shall be responsible for all costs related to
transport, adaption, assembly, dismantling, removal, repair
and cleaning.
When it has been agreed that the Rental Company shall
be responsible for hooking up the electricity, water and
sewage, the Customer shall be obliged to designate the
connection point, just as the Customer shall be responsible
for ensuring that the equipment can be hooked up in
the correct place.
The Customer shall be fully responsible for protecting the
indoor and outdoor water and sewage connections
against frost.
Upon cancellation/return of the rented equipment the
Customer must empty the water system units, including
the toilet. This should be done immediately when disassembling
the electricity/heat. In the event that the
Customer has not done this, the Customer will be responsible
for any costs resulting from the necessary
emptying and/or any frost damage.
3.2 Claims
The equipment will be delivered to the Customer in operational
and safe condition. The Customer is required to
report any claims on the first day of rental in the event of
any rental equipment defects and deficiencies. Subsequent
claims shall thus have no legal effect.
3.3 Repairs
The Customer must not allow repairs or make alterations
to the equipment.
As a result, any repairs during the rental period must exclusively
be carried out by the Rental Company or a service
technician designated by the Rental Company. The
Rental Company is not liable for any repairs that the
Customer undertakes during the rental period. The Customer
is liable for damages done to the equipment and/or
that occur due to repair work done in contravention of the
above.
The Customer shall pay for all repairs performed during
the rental period, regardless of whether these have been
undertaken by the Rental Company upon request from
the Customer, if the repairs were necessary due to circumstances
for which the Customer is liable.
3.4 Delivery
The Customer shall be responsible for delivering the
rented equipment in the same condition as at the time of
receipt, i.e. clean, without defects and deficiencies, when
the rental ends. The Rental Company shall inspect the
equipment within a reasonable amount of time after its
return to the Rental Company’s location. The Customer,
as per agreement, has the option of participating in the
inspection.
Any deficiencies, damage or lost parts, including the operating
instructions etc., must be fully replaced by the
Customer, with reference to section 5 INSURANCE
TERMS AND CONDITIONS. Also, any cleaning and consumables
will be invoiced to the Customer.
The Customer shall bear any expense in connection with
any rented equipment defects and deficiencies, as the
rented equipment must be in at least the same condition
that it was in upon delivery.
Especially with regard to graffiti, theft, etc. the Customer
shall be responsible for any remediation costs.
Finally, the Customer shall be responsible for the full cost
of exterior and interior cleaning, including the floors,
walls, shower cubicles, sinks, cabinets, refrigerators, toilets,
doors, etc.
The Rental Company shall dismantle any special equipment,
such as telephones, computers, signboards, fixtures,
etc. and dispose of them at the Customer’s expense.
The Customer shall also be responsible for the cost of
any additional necessary reestablishment and repair of
the rented equipment.
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3.5 Placement of rented equipment
Lending, hire or other transfer of the rented equipment to
third parties is not allowed without the Rental Company’s
written consent. Likewise, the equipment cannot be
moved to another workplace other than the one indicated
on the rental, or otherwise prescribed location, without
the Rental Company’s written consent. Even if a specific
workplace is not indicated, the equipment must at no
time be brought beyond Denmark’s boarders without the
Rental Company’s written consent.
The Customer must ensure that the rented equipment
can always be safely identified and located.
The Rental Company is entitled at all times to have access
to the rented equipment for inspection, as well as to
service equipment during the Rental Company’s normal
opening hours; see www.cp.dk.
3.6 Risk and liability
The Customer accepts any risk and liability for rented
equipment. The Customer is therefore liable for all types
of damage, including, among others, property damage
and personal injury, regardless of whether the damage
affects the Customer or a third party, and regardless of
whether the damage is incidental or attributable to the
Customer or to individuals to whom the Customer is liable.
The Customer must take out insurance against the liability
that the Customer assumes in connection with the use
of the equipment, for example corporate liability insurance
and occupational injury insurance. Upon request,
the Customer must document that a relevant insurance
policy exists and is in force. The Customer is likewise responsible
for ensuring that the rented equipment is
properly insured and must be able to document this. The
Customer can insure the rented equipment through the
Rental Company, cf. section 5 below for details.
The Customer shall indemnify and hold harmless the
Rental Company insofar as the Rental Company may be
liable to third parties for such loss and damage that the
Rental Company is not responsible for under the Terms.
The Customer shall be fully responsible for ensuring that
the rented equipment is located in accordance with applicable
building legislation, safety regulations, road traffic
legislation and any provisions on markings, etc. Any expense
in this regard, including any fines or injunctions, is
not applicable to the Rental Company. It is the responsibility
of the Customer to ensure legal safety inspection of
the equipment, for example, a check of the electricity for
the building site power, which is currently once every
three months, for a legal check of fire extinguishers and
other safety equipment. It is the Customer’s responsibility
to keep informed of the legal requirements for the use of
the rented equipment and to ensure safety compliance.
Usage of light sources must be paid by the Customer for
the entire rental period.
The Customer shall be responsible for maintaining the
rented equipment properly. It is possible for the Customer
to sign a maintenance/service agreement with the
Rental Company.
4. RENTAL COMPANY’S COMMITMENTS AND RE-
SPONSIBILITIES
4.1 Remedial action or replacement
In the event that the rented equipment suffers from defects
that the Rental Company is liable for, the Rental
Company is entitled to either take remedial action and/or
provide a replacement, by choice.
4.2 Limitations to the Rental Company’s responsibility
– general
The Rental Company shall assume no liability for the
loss or delay of any work or for any associated costs in
connection with work stoppages due to malfunction or
damage to the rental equipment.
The Rental Company is not liable for loss of service, loss
of profits, fines or other indirect losses or consequential
damages of any kind.
4.3 Product liability
The Rental Company is solely liable for damages in accordance
with the statutory rules of the Product Liability
Act.
In addition, the Rental Company is solely liable for damages
and for product liability if it can be proved that the
rented equipment is defective and that this is due to mistakes
or negligence committed by the Rental Company
or others for whom the Rental Company has responsibility.
Compensation for personal injury can never exceed the
applicable amount as established by Danish law at any
time.
The Rental Company is not liable for damages caused
by the equipment to:
- Real estate or movable property that occurs while the
rented equipment is in the Customer’s possession.
- Rented equipment manufactured by the Customer, or to
rented equipment in which they are included or for damages
to real estate or movable property caused by the
rented equipment as a result of the equipment.
In all other cases the Rental Company is liable for damage
to real estate or movable property under the same
conditions as stated above for personal injury but limited
to the rent fee received for the rented equipment up to
when the damage occurred.
To the extent that third parties may claim product liability
against the Rental Company, the Customer shall indemnify
and hold harmless the Rental Company to the same
degree to which the Rental Company’s liability is limited,
cf. the above provisions.
The Customer is also obliged to be sued in the same
court as a law suit against the Rental Company is
brought before.
5. INSURANCE TERMS AND CONDITIONS
5.1 General
The Customer must pay the Rental Company’s risk premium
for the entire rent period, unless a separate written
agreement has been entered into with the for a reduction
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if the Customer can document that it has insurance elsewhere
for the rented equipment. In the case of theft or total
damage, the new value is replaced for up to five years
after the acquisition of the goods and subsequently at
current market value.
If the rented equipment is subject to theft, vandalism, fire,
etc., then the Customer must immediately report what
happened to the police and the police notification receipt
must be submitted to the Rental Company, just as the
Customer, in these cases and in any other, must immediately,
and within 24 hours from the time of the damage or
when it ought to have been noticed, notify the Rental
Company about the conditions by filling out and submitting
a damage report, which can be downloaded from the
Rental Company’s website: www.cp.dk.
5.2 Coverage
The risk premium covers fire, theft, water damage and
damage due to vandalism, as well as sudden damage to
the equipment. The risk premium on portable cabins, pavilions,
prefabricated modular spaces and containers
solely covers fire, and the Customer shall be liable for all
other damages, including theft, loss and vandalism and
shall be fully liable for costs associated therewith.
The risk premium covers damage to the rented equipment
and thus no consequential or indirect loss or damage
to the rented equipment or persons, nor damages
whatsoever against windows/glass, rubber wheels or
belts.
The Rental Company’s risk premium does not cover
transport of the Customer’s vehicles.
The coverage area comprises solid ground in Denmark.
In the case of self-propelled equipment, the coverage
also includes statutory liability insurance taken out by the
Rental Company with a recognised insurance company.
Damage caused by intentional or gross negligence or
other breaches by the Customer are not covered by the
risk premium and are fully borne by the Customer.
5.3 Deductible, comprehensive insurance and liability
damage
The Customer is liable for the deductible for any covered
damages to the Rental Company’s equipment for the following
amount calculated based on the new value of the
item:
New value of item
Deductible per item
in DKK
in DKK
0.00 – 50,000.00 5,500.00
50,001.00 – 100,000.00 11,000.00
101,000.00 – 200,000.00 16,500.00
201,000.00 – 400,000.00 22,000.00
401,000.00 – 600,000.00 27,500.00
601,000.00 – 800,000.00 38,500.00
800,000.00 and over 49,500.00
However, for lifts, telescopic loaders and lorry lifts,
the following deductible per item applies, in DKK:
Lifts 15,000.00
Telescopic loaders 25,000.00
Lorry lifts 5,000.00
All amounts exclude VAT.
Important: Multiple insurance claims on the same unit
may trigger more deductibles. Payment of the risk premium
does not cover professional liability.
5.4 Premium / Risk premium
The premium for equipment is calculated as 5.0% of the
rental gross price in the Rental Company’s inventory catalogue
on equipment at all times.
The premium for lifts, lorries, telescopic loaders and window
equipment is calculated as 5.0% of the current
rental gross price in the Rental Company’s lift catalogue.
The premium for portable cabins, prefabricated modular
spaces and pavilions is calculated based on a fixed price
of DKK 6.50 per calendar day per unit. Containers are
calculated based on a fixed price of DKK 2.50 per calendar
day per unit.
The premium is specified separately on the Rental Company’s
invoice. If the premium is not included on the
Rental Company’s invoice, the Customer cannot claim
insurance coverage through the Rental Company, and
the Customer shall be liable for any damage.
5.5 Lease of driverless motor vehicles in particular
For commercial renting of motor vehicles, which means
motor vehicles principally designed for self-propelled use
for passengers or goods and/or motor vehicles designed
for other purposes and that are designed for speeds exceeding
40 km/h, only section 5.5 is applicable, notwithstanding
the terms and conditions stated in section 5
above.
Liability insurance agreements for vehicles covered by
section 5.5 must be made by the Rental Company in
such a way that the Customer – and any other individuals
entitled to drive the vehicle – is deemed as insured.
In the event that the Rental Company does not have
comprehensive insurance covering loss of or damage to
vehicles mentioned in section 5.5, then the Customer
has the same legal position vis-à-vis the Rental Company
(vehicle owner) that the Customer would have had
if the comprehensive insurance had been taken out.
The Customer shall indemnify the Rental Company for
any amount up to DKK 5,000, which the Rental Company
must pay under the terms and conditions of the liability
insurance policies or in any policies with comprehensive
insurance stating that the Rental Company carries some
of the risk for the damages covered by the insurance in
question.
6. PAYMENT TERMS
The Rental Company’s payment terms are net cash, unless
a separate agreement has been entered into with
the Rental Company.
In case of late payment, the Rental Company calculates
interest per commenced month at 2.0%.
The Rental Company also charges a late fee, which is
currently DKK 100.00 per reminder sent.
The Rental Company reserves the right to charge a
three-month deposit prior to commencement of the
lease.
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7. SECURITY SYSTEM
The Rental Company has established a security system
outside normal opening hours. The security system has
the following telephone number: +45 30 18 90 99.
The fee for calling the security system phone will be
charged according to the current gross price. A 100%
surcharge will be calculated on an hourly basis at all
times and will vary according to the task.
8. CUSTOMER’S BREACH OF CONTRACT
In the event of a breach of contract by the Customer, the
Rental Company is entitled to – at the Customer’s expense
– pick up the rented equipment without prior notice.
Discounts of any kind are granted only on the condition
of timely payment.
In the event of a breach of contract by the Customer, the
Customer must make up for all of the Rental Company’s
losses in accordance with applicable general Danish
rules and regulations.
In the event of a breach of contract by the Customer, the
Rental Company is entitled to demand full assurance in
the form of a bank guarantee or equivalent that the Customer
will live up to Customer’s obligations.
9. SMOKING
Smoking (e-cigarettes, vaporisers, ordinary cigarettes) is
not allowed inside the Rental Company’s modules, e.g.
pavilions, portable cabins, prefabricated modular spaces
and cabs. Infringement can lead to, among other things,
increased cleaning costs.
10. APPLICABLE LAW AND LEGAL VENUE
The rent is governed by Danish law, and the legal venue
is primarily Roskilde Court.
11. AMENDMENTS
The Rental Company reserves the right to change the
Terms, which may, if necessary, be made with seven
days’ notice.
Rent prices are indexed annually.
12. OTHER
Equipment can be owned by a third party (including leasing
companies specifically).
*This is a Danish to English translation. In the event of any
discrepancies between the two versions, the Danish version
shall prevail.
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