General Terms
Rental
1.1. The provisions of these terms and conditions apply to any offer, quotation and agreement between Ferex Nordic ApS (Solid Base Composite Mats) and the Renter.
1.2. The applicability of the Renter’s terms and conditions is explicitly excluded, unless parties have agreed otherwise in writing. If, in such a case, one or more points of these terms and conditions deviate, are nullified or declared null and void, the remaining provisions thereof shall remain in full force and effect.
1.3. If multiple additional agreements are concluded with Renter, these conditions will always apply to all subsequent agreements, regardless of whether they have been explicitly declared applicable or not.
1.4. The Renter is obliged to use the Solid Base Composite Mats clamp when installing and removing Solid Base Composite Mats road plates. If the Renter prefers to use an alternative clamp, they must seek prior approval from Solid Base Composite Mats to ensure it meets safety standards and is suitable for the task.
Rental Agreement
2.1. The rental agreement is concluded by the order to Renter on the basis of the offer or in accordance with the then applicable rental rates, or by a further written agreement, or by the provision of the road plates by Solid Base Composite Mats.
2.2. If Renter has given the order verbally, Solid Base Composite Mats will confirm the verbal order within 7 days with a written order confirmation that will serve as proof of the agreement.
2.3. If the accuracy of the written order confirmation is not denied within 5 days after the date thereof, the parties are bound by the agreement. The same applies to the entry into force of additions, modifications and/or further agreements with regard to the agreement.
Rental Period
3.1. The rental is entered into for a period determined by the parties, which starts on the agreed day of delivery and ends on the agreed day of return. The minimum rental period is 5 working days.
3.2. If, for any reason, the road plates are not collected by the Renter on the agreed date of delivery, the rental amount shall nevertheless start on the day of delivery, while the road plates shall be kept available at the expense and risk of the Renter. If Renter does not collect the road plates within 5 days, Solid Base Composite Mats is entitled to dispose of them freely, while the agreed rental price remains due in full.
3.3. When the road plates are returned prematurely within the agreed rental period, the rental amount for the entire agreed rental period remains due, unless otherwise agreed in writing.
3.4. If the road plates are not returned on the agreed day of return, the Renter shall owe Solid Base Composite Mats a compensation that shall at least cover the costs of the additional rental period.
3.5. The Renter is obliged to inform Solid Base Composite Mats at least 5 days in advance of the date of return of the road plates.
3.6 If the plates are too dirty to lift the plates with the vacuum lifter, the renter is obliged to sweep the plates before pickup of the plates.
3.7. Solid Base Composite Mats reserves the right not to extend the rental period after the agreed rental period has expired.
3.8. If the rental agreement has been concluded for an indefinite period, the rental agreement ends by written notice by one of the parties to the other party, taking into account a notice period of 5 working days.
Rental Price and Other Provisions
4.1. The Renter undertakes to pay the agreed prices in accordance with the then applicable rental rates and all fees arising from the rental agreement in a timely manner. The agreed prices are exclusive of turnover tax.
4.2. The Renter is also obliged to reimburse Solid Base Composite Mats for any costs and/or damage arising from or related to the rental agreement, insofar as these are not covered by the deposit paid.
4.3. Use of the road plates abroad is only allowed with the explicit prior written permission of Solid Base Composite Mats. All additional risks and costs resulting from transportation to and from, as well as use abroad, are the responsibility of the Renter.
4.4. Without the explicit prior written permission of Solid Base Composite Mats, the Renter is not entitled to use the road plates at locations where there is chemical or otherwise polluted or contaminated soil and/or groundwater.
Liability, force majeure
5.1. During the rental period, the road plates are at the expense and risk of the Renter. The Renter remains liable, even if it could rely on force majeure.
5.2. The Renter is liable for all damage (including loss) caused to or by the road plates during the rental period, including all consequential damage as a result of delay and/or partial or complete shutdown of Solid Base Composite Mats’s business, regardless of whether the Renter could rely on force majeure.
5.3. The Renter indemnifies Solid Base Composite Mats against all claims for compensation for damage caused to third parties during the rental period by the use, storage or transportation of the road plates.
5.4. Solid Base Composite Mats is not liable to the Renter for:
– any direct or indirect damage caused by defects in the road plates, of any kind, visible or invisible, and the consequences thereof;
– business or consequential damage that the Renter may suffer as a result of default or delay in the delivery of the road plates, delivery of only part of the road plates, replacement or repair if these have been necessary as a result of normal wear and tear of the road plates.
5.5. Solid Base Composite Mats is also not liable to the Renter if Solid Base Composite Mats causes default due to force majeure, which includes business disruptions at Solid Base Composite Mats, default by suppliers or carriers, and strikes at Solid Base Composite Mats, suppliers or carriers.
5.6. Solid Base Composite Mats undertakes to inform the Renter as soon as possible of the occurrence of force majeure. If the force majeure situation has lasted longer than thirty days, whether interrupted or not, the parties have the right to cancel the agreement in writing. In that case, the Renter has no right to compensation for any damage.
Inspection, maintenance and insurance
6.1. The Renter has the right to inspect or have the road plates inspected at its own expense. If the Renter does not exercise the right to inspect, the road plates are deemed to have been delivered in good condition.
6.2. The Renter is obliged to return the road plates in the same condition at the end of the rental period as the Renter received them from Solid Base Composite Mats.
6.3. During the rental period, the Renter has the following obligations:
– Maintain the road plates so that they remain in good condition;
– Prevent theft and damage during the rental period;
– Do not overload the road plates and/or use them for a purpose other than for which they are suitable or intended.
– Clean the road plates when dismantling or moving them;
– Make the locking pins free of sand, clay, or other materials that could damage them when dismantling or moving them, to prevent damage.
6.4. Depreciation, repairs, and renewals resulting from damage, improper use, overloading, insufficient maintenance, or unprofessional use are the responsibility of the Renter, even if they are discovered after the rental period has expired.
6.5. The Renter is required to inform Solid Base Composite Mats if the road plates have come into contact with aggressive, environmentally unfriendly, radioactive, and other substances. The Renter must also accept any liability for undoing any negative effects of such substances on the road plates.
6.6. During the rental, the Renter is obliged to fully insure the road plates against loss, theft, and damage. The Renter is required, upon request, to show Solid Base Composite Mats the insurance policy and premium receipts regarding the insurance and to cede any claim to the insurer for a benefit as security to Solid Base Composite Mats.
Damage
7.1. The Renter is liable for any damage, regardless of the cause, and remains liable, even if it can rely on force majeure.
7.2. Damage to the road plates includes, in any case, loss and/or theft and/or all costs for repair and/or cleaning and/or weight loss that Solid Base Composite Mats must incur to restore the returned material to a condition comparable to that before the rental period, according to Solid Base Composite Mats’s judgment, within the limits of reasonableness. Furthermore, damage is understood to mean damage caused by improper or incorrect use or treatment, incorrect maintenance, or use contrary to the intended purpose of the road plates and/or use contrary to the operating instructions.
7.3. In case of damage to the road plates, the Renter is obliged to report it to Solid Base Composite Mats immediately.
7.4. Damage resulting from loss and/or theft must be reimbursed to Solid Base Composite Mats based on the current value of the road plates.
7.5. The Renter is obliged to compensate Solid Base Composite Mats for the damage based on the costs of repair incurred by Solid Base Composite Mats.
7.6. Depending on the type of damage, Solid Base Composite Mats will provide the Renter with a written statement of the costs associated with the damage, along with how these costs were calculated. The Renter is deemed to agree to this statement unless they notify Solid Base Composite Mats in writing and with supporting evidence within 10 working days after the date that they cannot agree with the statement.
7.7. Instead of the costs of repair and/or cleaning, the Renter is obliged to pay the current value of the relevant road plates if, in Solid Base Composite Mats’s opinion, repair and/or cleaning is no longer reasonably possible or is not in a reasonable proportion to the current value of the road plates.
7.8. If the road plates are used on chemically or otherwise contaminated ground, the Renter is obliged to ensure full cleaning of the road plates before returning them. This obligation also applies if the Renter becomes aware of the contamination after the start of the rental, or if this contamination is only detected upon return of the road plates. Solid Base Composite Mats is authorized, upon detection of contamination, to not accept the road plates upon return, provided that the rental period and the obligation to pay the agreed rental fees continue until the moment when the road plates have been brought into an acceptable state for Solid Base Composite Mats or have been cleaned by Solid Base Composite Mats at the expense of the Renter.
7.9. Otherwise, the Renter is liable for all damage caused to or by the road plates as a result of contamination, including, in any case, extra cleaning costs, as well as costs for cleaning, removal or destruction of the dispersed pollution in the soil and/or groundwater on the Solid Base Composite Mats site where the returned material has been stored, however caused by whomever, including all (consequential) damages resulting from delays and/or partial or complete cessation of Solid Base Composite Mats’s or third parties’ business operations, regardless of whether the Renter can invoke force majeure.
7.10. Upon receipt by Solid Base Composite Mats of the road plates upon their return by the Renter, Solid Base Composite Mats’s claims for compensation for damage shall remain unaffected.
Security
8.1. Solid Base Composite Mats reserves the right at all times, even when the agreement has already been partially executed, to demand security within a period set by it, in accordance with Solid Base Composite Mats’s requirements for the correct and timely performance of its obligations under the lease agreement.
8.2. The security shall remain in force until the rental has been terminated.
Termination
9.1. The Renter shall be deemed to be in default by operation of law in the event that he:
– does not, does not properly or does not timely comply with any obligation imposed by the agreement or these terms and conditions;
– is declared bankrupt, applies for a suspension of payments, has seizure levied against him or is otherwise unable to comply with his obligations or ceases his business operations, or transfers control thereof to another, or loses free disposal of his assets;
– is liable for any consequential damages arising therefrom;
– all other rights of Solid Base Composite Mats arising from any default by the Renter elsewhere in these terms and conditions or the agreement.
9.2. In a case as referred to in the preceding paragraph, Solid Base Composite Mats shall have the right, without summons, notice of default or judicial intervention, to immediately terminate the agreement in whole or in part with the Renter. Solid Base Composite Mats also has the option to demand performance with compensation for damages from the Renter instead of termination, or to suspend its obligations under the agreement without Solid Base Composite Mats being held liable for any damages or otherwise. The Renter is also obliged to compensate Solid Base Composite Mats for any damages incurred thereby, including lost profits, interest, and costs.
9.3. The provisions of the preceding paragraphs shall not affect Solid Base Composite Mats’s right to:
– immediately demand full payment of what the Renter has become due under the agreement and these terms and conditions;
– immediately demand the return of the road plates from the Renter and have them removed at the Renter’s expense, whereby the Renter is obliged to grant Solid Base Composite Mats access to the location where the road plates are located.
Transfer, Rights
10.1. Solid Base Composite Mats remains the owner of the road plates.
10.2. The Renter is obliged to demonstrate Solid Base Composite Mats’s ownership of the road plates to third parties, such as seizing creditors, as soon as there is a danger that a third party will consider the road plates as the Renter’s property. In that case, the Renter undertakes to inform Solid Base Composite Mats immediately.
10.3. Costs incurred to safeguard Solid Base Composite Mats’s rights against third parties are at the Renter’s expense.
10.4. The Renter is not entitled to grant any rights to third parties regarding the road plates, sublet them, or transfer his rights arising from this rental agreement, in whole or in part, to third parties without Solid Base Composite Mats’s explicit prior written consent.
Final provisions
11.1. These terms and conditions are governed by Danish law.