GENERAL TERMS AND CONDITIONS FOR EQUIPMENT RENTAL
These general rental conditions are offered by the company GET REGIE, SAS with share capital of 20,000 euros registered with the RCS of Bobigny whose head office is located at 6, chemin latéral au Chemin de Fer 93500 Pantin taken in the person of its legal representative (the “ Lessor ”).
ARTICLE 1. Subject
By these agreements, the Lessor rents to the Tenant, under the conditions specified below, the equipment whose designation appears in the estimate accepted by the Tenant.
At the request of the Tenant, new equipment may be added or replaced by that initially rented, under the financial conditions set by the parties.
The addition of new devices during the contract does not extend the duration of the contract, unless expressly agreed otherwise.
ARTICLE 2: Terms and conditions
At the Tenant's option, the Tenant may have the leased Equipment delivered to or take possession of it directly at the Landlord's premises.
2-1. Equipment Reservation
Any reservation request is subject to a quote valid for a period of 1 month from its date. The quote must be validated by any means and in particular by email. In the absence of a quote validated by the Lessor, no reservation can exist.
The reservation of Equipment implies full and complete acceptance of these general conditions.
2-2. Removal
Unless otherwise provided, the Tenant shall, directly or through a third party, remove the Equipment from the Lessor's premises.
The Equipment is available on the days and times agreed between the Parties.
The Tenant shall not be entitled to any discount in the event of a delay in collection.
ARTICLE 3. Obligations of the Lessor
3-1 . Removal
Where applicable, the Lessor undertakes to respect the deadlines agreed between the Parties.
3-2 . Installation
Where applicable, the Tenant taking delivery of the Equipment from the Lessor will receive from the latter all sufficient technical explanations for the installation if and only if he requests this from the Lessor.
3-3. Associated services
The Lessor undertakes to provide the services subscribed to by the Tenant and in particular the regular maintenance of the Equipment.
3-4. Legal guarantee
The Lessor guarantees that the Equipment complies with the order.
3-5 . Breakdowns
The Lessor will provide free repairs to the Equipment during the rental period.
3-6. Warranty Exclusions
However, the costs incurred for troubleshooting would be borne by the Tenant in the following cases:
- failure to comply with the manufacturer's and/or Lessor's instructions;
- abnormal use of the Equipment or unsuitable supplies;
- the Tenant's handling error;
- the intervention of a third party not authorized by the Lessor to repair the Equipment.
ARTICLE 4. Obligations of the Tenant
4-1 . Site - Environment
The Tenant must ensure that the site and the environment comply with the instructions in the technical notice provided by the Lessor if requested by the Tenant, so that the Equipment can be used under the correct conditions.
4-2 . Property
The Equipment provided is the exclusive property of the Lessor.
Consequently, the Tenant is prohibited from disposing of it or granting rights to it to third parties, whether for payment or free of charge, subject to the express prior authorization of the Lessor.
The Tenant must notify any third party of the situation of this Rental Equipment. He must oppose any attempt at requisition and seizure.
4-3 . Maintenance
The Tenant having an obligation of custody, he undertakes to maintain the Equipment in perfect condition of conservation and functioning.
In the event of a breakdown, the Lessor must be notified by the Tenant when the Equipment is collected or returned to the Lessor's premises.
4-4 . Payment
Finally, he will have to pay the royalties regularly, on their due dates.
ARTICLE 5. Counterfeits
The Lessor guarantees that the Equipment does not constitute a violation of an intellectual property right, nor any act of unfair or parasitic competition. As such, it undertakes to ensure the defense of the Tenant and bear all costs against any claim directly concerning the Equipment and its normal use, subject to having been promptly notified by the Tenant and that the alleged violation does not relate to modifications or additions made by it.
If all or part of the Equipment is found to constitute an infringement or other violation of a third party's rights, the Lessor must either provide the Lessee with another device with the same functions within a time frame compatible with the Lessee's activity, or obtain at its own expense for the Lessee the right to continue using the Equipment. These choices are at the Lessor's discretion, notwithstanding the Lessee's right to request compensation for its losses.
For its part, the Tenant undertakes to immediately report to the Lessor any counterfeit of the Equipment of which it becomes aware, the Lessor then being free to take the measures it deems appropriate.
ARTICLE 6. Liability
As custodian of the rented Equipment, the Tenant's liability would be incurred in particular if damage were to occur to the Equipment. Consequently, the Tenant will use the Equipment in accordance with its intended purpose and the user manuals provided by the Lessor, if these documents have been requested by the Tenant.
The Tenant expressly acknowledges taking responsibility for all risks which may arise on the Rental Equipment belonging to the Lessor, including in the event of force majeure and unforeseeable circumstances.
ARTICLE 7. Insurance
The Equipment will be insured under this contract with the Insurance Company of its choice by the Tenant, for the liability “Damage to Equipment and loss”. The Tenant will provide a certificate of insurance to the Lessor.
The Tenant must insure, in addition to the value of the property, the loss of rent that the Lessor may suffer.
ARTICLE 8. Losses
In the event of a claim, the Tenant undertakes to alert the Landlord within three days, without prejudice to the declaration to be made to the Insurance Company within the time limits provided.
Following a partial loss, the repair of the Equipment will be the responsibility of the Tenant.
If a total loss occurs, this contract will be terminated and the Tenant will have to pay the Landlord compensation for the amount of rent remaining to be paid on the date of the loss.
ARTICLE 9. Financial conditions
The total price of the Equipment rental includes all charges.
The total price is payable by transfer within 30 days from the invoice date.
In the event of cancellation of the Equipment reservation less than 48 hours before the collection date, the Renter will be liable for compensation equal to 50% of the amount including tax of the cost of the Equipment reservation.
ARTICLE 10. Late payment penalties
Unless a postponement is requested in time and granted by the Lessor, any late payment, of all or part of an amount due on its due date, will conventionally bear interest in its favor in the amount of 10% of the invoice.
The parties agree that this rate is calculated pro rata temporis per period of one calendar month and that each month started is counted as a whole month.
If the Lessor were to entrust the recovery of its debt to a third party, the Tenant would be liable, in addition to this late payment interest, for the reimbursement of costs and fees incurred.
ARTICLE 11. Confidentiality
The Parties undertake, as a confidentiality clause, for the entire duration of this contract and without limitation of duration after the expiry thereof, for a period of 5 years after the expiry of this contract, for any reason whatsoever, to the most complete confidentiality, by prohibiting themselves from disclosing, directly or indirectly, any information, knowledge or know-how whatsoever concerning their co-contractor and their operating methods, to which they may have had access in the context of the execution of this contract, unless said information, knowledge or know-how has fallen into the public domain or their
disclosure is made necessary by virtue of a specific regulation or an administrative or judicial injunction.
They also undertake to ensure that this obligation is respected by all the members of their staff concerned, for whom they stand as guarantors.
ARTICLE 12. Duration
These terms and conditions shall remain in force for the duration of the contractual relationship between the Parties.
ARTICLE 13. Return of Equipment
At the end of the contract and whatever the reason, the Equipment must be immediately returned to the Lessor, at the cost and risk of the Tenant.
Unless otherwise agreed by amendment, the return of the Equipment will be made under the same conditions as the delivery or collection.
Furthermore, the Tenant undertakes to return the Equipment in the condition in which it was at the start of the rental, subject to the ageing of use inherent to the rental period in question.
In the absence of immediate restitution, the Tenant would be subject to an immobilization indemnity of 3 times the amount paid, without this stipulation constituting a right to keep the Equipment.
In addition, any missing Material or packaging will be invoiced on the basis of the new price + 10% including tax.
ARTICLE 14. Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the present contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the present contract from its co-contractor.
ARTICLE 15. Exception of non-performance
Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of performance will take effect immediately, on receipt by the defaulting Party of the notification of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent upon it when due and that the consequences of this non-performance are sufficiently serious for the Party affected by the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the exception of preventive non-performance until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
ARTICLE 16. Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
The obligations of the parties will then be automatically suspended.
The party observing the event must immediately inform the other party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
However, as soon as the cause of the suspension of their mutual obligations has disappeared, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the suspended party shall notify the other party of the resumption of its obligations by registered letter with acknowledgement of receipt or by any extrajudicial act.
ARTICLE 17. Termination of the contract
Termination for non-performance of a sufficiently serious obligation
In the event of non-compliance by either party with its obligations under this contract, the contract may be terminated at the discretion of the aggrieved party.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their usefulness as and when the contract is reciprocally performed, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
ARTICLE 18. Applicable law - Language of the contract
By express agreement between the parties, this contract is subject to French law, to the exclusion of any other legislation.
It is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 19. Nullity and independence of clauses
The possible annulment of one or more clauses of the present contract by a court decision shall not affect the other stipulations, which shall continue to produce their full and entire effect insofar as the general scheme of the present contract can be safeguarded.
In the event that the performance of one or more of the clauses herein is rendered impossible as a result of its cancellation, the Parties will attempt to reach agreement in order to establish a new clause whose spirit and letter will be as close as possible to the former clause, with the other stipulations herein remaining in force.
Should this not be the case, or should the general structure of the present contract be fundamentally altered, the Parties may, by mutual agreement and in writing, cancel the present contract in its entirety.
ARTICLE 20. Disputes
For any dispute arising from the execution of this contract, the most diligent party shall refer the matter to the competent courts.
ARTICLE 21. Election of domicile
For the execution of these presents and their consequences, the parties respectively elect domicile at their registered offices or addresses indicated at the head of these presents.