07.10.2021 Views

CP ApS - General Terms and Conditions

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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.

Page 1 of 5


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.

Page 2 of 5


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

Page 3 of 5


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.

Page 4 of 5


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.

Page 5 of 5

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!