C&C Technique’s Terms & Conditions for the rental of Equipment
1. RENTAL AGREEMENT
1.1. The following terms and conditions (“Conditions”) constitute a legally binding agreement between the customer (“Customer”) and the C&C Technique Ltd (C 97749) (“Company”). By renting any power tool, tool, apparatus or other material (“Equipment”) from the Company, Customer agrees to be bound by these Conditions.
2. RENTAL PERIOD
2.1. The Rental period shall begin on the ‘Rental Start Date’ (the date on which the Equipment is picked up or delivered, as the case may be) and will end on the ‘Rental Due Date’ (the date on which the Equipment is returned to the Company’s premises (on any place otherwise agreed) (“Rental Period”).
3. RENTAL FEES AND PAYMENT
3.1. The Customer agrees to pay the amount shown as the Payable Amount in the booking confirmation (“Rental Fee”) to the Company for the rent of the Equipment.
3.2. Payment of the Rental Fee shall be made in advance upon the commencement of the Rental Period.
3.3. Additional charges shall be added in the event the Equipment is damaged and /or missing any parts. Such fee shall be determined by the Company according to the amount of damage caused and/or the value of the missing parts.
3.4. The Customer shall pay the Company an additional amount per day for each day the Equipment has not been returned, and this in addition to the Rental Fee.
4. USE OF EQUIPMENT
4.1. The Customer represents and acknowledges that he has requisite knowledge and experience to operate and/or use the Equipment.
4.2. The Customer acknowledges that he has received proper instructions on how to operate and/or use the Equipment safely and agrees to use the Equipment accordingly.
4.3. The Customer shall not misuse or tamper with the Equipment and shall refrain from using the Equipment for any unauthorized purposes.
5. DELIVERY
5.1. The Company may, upon specific demand by the Customer, deliver the Equipment to the location determined by the Customer (or such other location as the parties may agree). This shall be subject to an additional delivery fee (“Delivery Fee”) which is to be borne by the Customer.
6. CONDITION OF EQUIPMENT
6.1. The Customer acknowledges receipt of the Equipment in good working order. The Customer further acknowledges that it has examined the Equipment and declares that it has received all of such Equipment in secure and good working condition.
7. MAINTENANCE, DAMAGE AND LOSS
7.1. The Customer agrees to keep and maintain the equipment in clean and good working order during the Rental Period at his own expense.
7.2. In the event of any malfunction or damage of the Equipment during the Rental Period, the Customer shall promptly notify the Company and shall follow the Company’s instructions
8. INSURANCE
8.1. The Customer is responsible to purchase an insurance policy to cover damages to the Equipment whilst in Customer’s custody and to third party property and bodily injury. The Customer shall provide proof of such insurance upon the request of the Company.
9. OWNERSHIP
9.1. The Equipment is and shall remain the exclusive property of the Company.
10. INDEMNIFICATION
10.1. Except for damages, claims or losses due to Company’s acts or negligence, the Customer, to the extent permitted by law, will indemnify and hold the Company, and the its property, free and harmless from any liability for losses, claims, injury to or death of any person, including the Customer, or for damage to property arising from the Customer using and possessing the Equipment or from the acts or omissions of any person or persons, including the lessee, using or possessing the Equipment with Customer’s express or implied consent.
10.2. In the event that the Equipment experiences a breakdown due to any defect in materials or workmanship, the Company’s liability shall be limited to the cost of repair, including parts and labour, to return the Equipment to full working order.
11. RETURN OF EQUIPMENT
11.1. The Customer shall return the Equipment to the Company on the date stipulated in Clause 2.
11.2. The Equipment must be returned in the same condition as when rented, subject to normal wear and tear.
12. TERMINATION
12.1. The Company reserves the right to terminate this agreement and reclaim the Equipment at any time in the event of a breach of these Conditions by the Customer.
12.2. The Customer may terminate this agreement by returning the Equipment to the Company’s premises before the agreed-upon date.
13. CONSEQUENCES OF TERMINATION
13.1. Upon termination of the agreement pursuant to clause 12.1, without prejudice to any other rights or remedies of the Company, the Customer shall pay to the Company, on demand, a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the agreement had continued from the date of such demand to the end of the Rental Period.
13.2. Termination or expiry of the Contract shall not affect any rights and/or remedies of the Company that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
14. GOVERNING LAW AND JURISDICTION
13.1. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with the law of Malta.
13.2. Each party irrevocably agrees that the courts of Malta shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
15. ENTIRE AGREEMENT
14.1. These Conditions constitute the entire understanding between the Customer and the Company, supersede any prior agreements or representations, and cannot be modified except in writing and signed by both parties.
By renting the Equipment, the Customer acknowledges that they have read and understood these Conditions.