TERMS AND CONDITIONS
Any order implies the tenant's full acceptance of these which exclusively govern his relations with KAHA and prevail over any other document. The lease agreement and, if necessary, the delivery voucher are signed by both parties when it is made available. Failing that, any beginning of the contract is worth accepting these conditions.
ART.1: REQUIREMENTS FOR RENTING
The minimum age to rent is 18. As a guarantee that the contract will be executed, KAHA reserves the possibility to submit the rental to the presentation of certain documents (ID, driver's license, proof of residence) whose copy may be kept, and to require a financial guarantee, the delivery of which is carried out by any means accepted by KAHA , which can cash it at any time, without prior notice, to return it after full payment of the sums due to KAHA and return of the property. The amount of the financial guarantee does not limit the financial liability of the tenant who can be incurred beyond that.
ART.2: RENTAL TIME
The rental takes effect when the equipment is made available to the tenant. This date is set on the contract or delivery voucher. When the equipment is handed over, the burden of risk is transferred to the tenant who assumes the physical and legal custody under his full responsibility. The rental and legal custody end on the day when all the material is returned by the tenant in agency or taken over by KAHA on the tenant's site.
ART.3: MAKING AVAILABLE
1) KAHA cannot be held responsible for any delays in provision or delivery, due to any reason beyond its control, including bad weather, regulatory changes, delays in transport or returns from previous rentals, force majeure, strike, or their direct or indirect consequences towards the tenant or third parties and is not liable for any compensation in this regard. The "booking" of equipment does not guarantee the tenant the date of availability, given as an indication and subject to the availability of the equipment.
2) The rented equipment is handed over to the tenant in accordance with current regulations, including safety. The Tenant acknowledges that he has received the equipment in good use and maintenance, suitable for use and operation, with the necessary accessories, assembly instructions, instructions for use and safety instructions, which he undertakes to disseminate to users. In the absence of any of these elements, it is up to the tenant to claim it from KAHA before any use of the equipment. It is up to the professional tenant to choose the equipment according to his needs, which he himself has previously determined and to verify that it is adequate. KAHA is not aware of the tenant's plans or the obligation to verify the tenant's choice on the feasibility and compatibility of the equipment to his project so that his liability cannot be incurred in this regard.
3) The transport, loading, unloading of the equipment are the responsibility and responsibility of the tenant. In the absence of a reserve, when the equipment is taken possession, the equipment is deemed to have been handed over to the tenant in good condition of use and maintenance. In case of delivery by KAHA , the tenant agrees to give the driver the special instructions to be followed if necessary on the delivery and unloading site. In case of absence of the receiver, KAHA deposits on the equipment, or sends the delivery voucher by mail to the tenant. In the absence of reservations made within 4 hours of the delivery or sending of the email, the tenant is deemed to have received the equipment, in accordance with his order, in good condition and with all the necessary accessories. In order for the reserves to be admissible, the leased property must not have been used. Any use is worth receiving without reservations. The installation, assembly and dismantling are carried out under the responsibility of the tenant who undertakes to be aware of the rules of assembly, operation and safety prescribed by the regulations and the manufacturer of the equipment. KAHA's obligation is limited to the delivery of instructions for use.
ART.4: POSTPONEMENT OR CANCELLATION
1) If the tenant postpones the date of the event scheduled for the signing of the contract, served no later than 15 calendar days before the scheduled date with the renter, the equipment may be rented at a later date on the terms originally planned, subject to the availability of the equipment. In the event of unavailability, replacement equipment may be offered at normal tariff conditions, for an amount equal to at least 30% of the original estimate. Any refusal of alternative equipment on the part of the tenant or inability to find available material on Kaha's part will result in the cancellation of the benefit with penalties provided for on 3).
2) If the tenant postpones the date of the event scheduled for the signing of the contract, served less than 15 calendar days before the scheduled date with the renter, the equipment may be rented at a later date to the conditions originally planned, subject to the availability of the equipment. In the event of unavailability, replacement equipment may be offered at normal tariff conditions, for an amount equal to at least 80% of the original estimate. Any refusal of alternative equipment on the part of the tenant or inability to find available material on Kaha's part will result in the cancellation of the benefit with penalties provided for on 3).
3) In the event of cancellation or inability to defer, the instalments paid will be kept by Kaha as follows:
More than 15 calendar days before the scheduled event date: 30% charged
Less than 15 calendar days before the scheduled event date: 80% charged
Less than 48 hours before the scheduled event date: 100% charged
4) In the event of a postponement or cancellation on the part of Kaha for the reasons cited in the ART. 3 – 1) or any other reason, no compensation may be demanded from the tenant. The instalments are refunded in full within 2 months.
1) The tenant certifies that he has the authority to make the material available to the public and that he has taken all the necessary steps to ensure the smooth running of the event during which the material is made available to the public. The loan and subletting of the equipment is strictly prohibited.
2) It undertakes to install and use the equipment reasonably, in accordance with its destination and applicable regulations, with caution and diligence, to comply with the instructions and instructions for use and safety set by the regulations and by the manufacturer and/or renter, and to keep it in constant good use. He is responsible for verifying the nature of the soil or basement of the equipment use site, and respecting the rules governing the public domain and taking into account the environment. It prohibits any modification, layout or transformation of the equipment. Unless written agreement from KAHA , it is only allowed to use the material in metropolitan France, Germany, Benelux, Spain, Italy, Great Britain and Switzerland.
The tenant is required to protect the equipment from any degradation and to carry out regularly under his responsibility all routine maintenance, cleaning, verification operations in accordance with the recommendations of the notices, the recharge of the batteries and the daily checks before opening to the public. It undertakes to immediately inform KAHA of any anomalies found on the Material. Any repair costs due to the failure to maintain it remains his responsibility. The provision of fuel or other energy is the responsibility of the tenant. The maintenance of the equipment at the expense of the Renter includes lubrication and replacement of common wear parts in the normal setting of use. The tenant agrees to refer to any claim for maintenance made by KAHA. In the event of the use of the equipment on a site at risk (asbestos, nuclear, petrochemical, polluted, maritime…), the interventions of the renter for maintenance or repair can only be carried out outside the risk zone. The tenant must first make the rented equipment available to the renter, outside the risk zone after decontaminating it if necessary.
In the event of a breakdown, malfunction or degradation, the tenant must immediately stop using the equipment, notify KAHA by phone and send him confirmation in writing recounting the circumstances within 72 hours. Any repairs are carried out only on the initiative of KAHA, its financial burden being distributed according to the provisions of Article 7. KAHA will decide on its own whether or not to repair the Property based on safety criteria.
A equipment asset asset asset allowance during repair time may be charged as long as the equipment is not attributable to KAHA. KAHA cannot be held liable to the tenant or third parties for the direct or indirect consequences, material or immaterial, of a judgment or malfunction of the rented property, which would not be due to a proven defect existing at the time of making it available, and will not be liable for any compensation of any kind. KAHA's liability remains in all assumptions limited to the amount of the rental of the equipment in question.
ART.8: DAMAGE TO THIRD PARTIES – CIVIL RESPONSIBILITY
The tenant may not use the equipment for any purpose other than the one for which it is intended or violate the safety rules. It assumes the material and legal custody of the equipment and is responsible for the damage caused by and the rented equipment. However, it cannot be taken after the damaging consequences of the hidden defects of the equipment making it unsuitable for its destination, as long as it provides proof of those defects. Operating losses, either direct or indirect, whatever the cause, are never borne by KAHA.
The tenant is responsible for the damage caused by the equipment during the rental period. The tenant must have company, association or head of family liability insurance to cover the damage caused to third parties by the equipment.
ART.9: PROPERTY AT LOUE MATERIAL ("Break, Fire, Steal…")
9-1 In the event of damage, the renter invites the tenant to make an amicable and contradictory statement, which must take place within 5 working days.
In the event of an accident or other loss, the tenant agrees to:
1) Take all necessary measures to protect the interests of the renter or his insurance company,
2) Inform the renter (the agency that established the contract) within 48 hours by recommended letter stating the circumstances, date, time and place of the disaster, the identification of the equipment and that of the third parties involved
3) in the event of a personal accident, theft or degradation by vandalism, have a declaration made to the police authorities within 48 hours
4) Send, within two days, to the renter, all the ORIGINALS of the documents (police, gendarmerie report, bailiff's report …) that have been drawn up. Failing that, the tenant incurs the forfeiture of the guarantees he would have taken out under Article 8-4 below. The tenancy agreement ends on the day the tenant receives the claim.
9-2 The tenant may cover his liability for damage to rented equipment in three different ways:
9-2-1 By purchasing insurance to cover equipment for rented. This insurance can be specific for the material considered or annual and cover all the materials that the tenant takes for rent. It must be purchased no later than the day the leased equipment is made available and must be maintained for the duration of this lease.
The tenant must inform the renter of the existence of such insurance coverage. At the beginning of the year or at the latest at the time of the
available to the equipment, the tenant sends the insurance certificate corresponding to the contract, including the commitment
taken by the insurance company to pay the compensation into the hands of the renter, the references of the contract he has taken out, the amount of guarantees and deductibles. Any limits, exclusions and deductibles of compensation resulting from the insurance contract underwritten by the tenant are unenposable to the renter in relation to the commitments of the contract.
In case of damage to equipment, the tenant and his insurers waive all recourse against the renter and his insurers.
In the event of a lack of insurance guarantees, the renter reserves the right to request additional guarantees
9-2-2 By accepting, for "break-steal" coverage, the waiver of recourse to the renter and his insurer for an additional cost
(the "break-steal guarantee"). The terms of the rental company's break-and-fly guarantee are set out in section 9-4 below.
In this case, the renter must clearly inform the tenant about the exact limits of the commitment made, including the amounts of guarantee, deductibles, exclusions and conditions of the waiver of the insurance claim against the tenant. Any limit not mentioned in the contract is then uneasy to the tenant.
9-2-3 Remaining its own insurer subject to the rental company's acceptance. In the absence of acceptance of the renter, the tenant either takes out insurance covering the equipment taken for rent under the conditions of Article 9-2-1, or accepts the conditions of the renter, provided for in Article 9-2-2 and 9-4. The tenant can justify his ability to be his own insurer by paying a deposit to the renter of the value of the rented equipment. This deposit will be paid by the renter and returned after restitution of the rented equipment and full payment of the rental price and any supplements or rehabilitation costs.
9-3 In the event that the tenant insures the equipment with an insurance company or on his own money, the damage is assessed:
– for repairable equipment: depending on the amount of repairs.
– for non-repairable or stolen equipment: from the value to new, net made of a wear coefficient fixed to say expert or failing in particular conditions
The compensation of the equipment by the tenant for the benefit of the renter is made without delay, on the basis of the replacement value by new equipment on the date of the disaster (catalogue value), and after deduction of a percentage of antiquity of 10% per year capped at 50%. For materials less than one year old, the age deduction is 0.8% per month of seniority. In all cases, the tenant is liable for a minimum lump sum compensation of 300 Euros excluding taxes.
The compensation paid by the tenant does not result in the sale of the damaged equipment, which remains the sole property of the renter. The landlord decides on his own whether or not to proceed with the repair. The tenant is taking legal action against his insurance company after the fact.
9-4 Break-steal guarantee
In accordance with Article 8-2-2, the landlord proposes to the tenant a waiver of recourse in the following terms:
9-4-1 Warranty Extended
Damage to the equipment as part of normal use is covered.
– accidental, sudden and unpredictable breakage or destruction,
– breakage due to a fall or penetration of foreign objects, not under the rc circulation,
– floods, storms and other natural events excluding earthquakes and volcanic eruptions,
– electrical damage, short-circuits, power surges,
– fires, lightning, explosions of all kinds.
The theft during and out of the hours of ujtilisation is covered when the tenant has taken the basic measures of protection (e.g. chains, anti-theft, padlock, locked room, guarding, etc.)
Geographical range: Metropolitan France and Corsica, Benelux, Germany, Great Britain, Italy, Switzerland, Spain, Portugal.
9-4-2 Exclusions from The Section 9-4-1 Guarantee
Excluded from the section 9-4-1 guarantee:
– damages resulting from gross or intentional negligence, failure to comply with the manufacturer's recommendations or current regulations (including overload or failure to dock),
– damage caused by unskilled or unauthorized personnel,
– damage caused by all corrosive products, oxidants, paints, cements and comparable products as well as by the use of non-compliant fuel,
– theft when equipment is left unattended or unprotected, loss of equipment,
– disorders resulting from acts of vandalism such as graffiti…. when these disorders are recurrent and no longer fall within the definition of a hazard, i.e. an accidental, sudden and unpredictable event,
– transport operations and those attached (gnawing, towing);
– the costs incurred to clear the damaged equipment (gnawing, towing…), transporting or guarding it, even when these operations are carried out by the renter,
– damage to the transported equipment when it is a direct consequence of non-compliance with the heights under deck and/or the road code.
If so, the provisions of section 9-3 apply. In addition, the renter reserves the possibility of an appeal against the third party responsible or his insurance company.
The pricing is made at the rate of 10% of the basic rate of the rental price, per event subject to the use of the equipment.
9-4-4 Quote-share remaining at the tenant's expense:
– Repairable material: 20% of the amount of repairs.
– Out-of-service or stolen equipment: 20% of the replacement value for new equipment (catalogue value).
9-4-5 Maximum warranty limit: 5000 HT per claim.
To qualify for section 8-4 guarantees, the tenant must have complied with his contractual obligations, including his reporting obligations under section 8-1. Failing that, the renter reserves the possibility of refusing or terminating these guarantees during the lease.
ART.10: DISASTER DECLARATION
In the event of an incident of any kind, the tenant undertakes to inform KAHA as soon as the incident is known and to send him his claim in writing by 72 hours. It must mention the date, place, circumstances, presumed causes and consequences, name, address and qualification of the user of the equipment, victims, witnesses, if agents of the authority intervened, if a PV has been established, where the damage can be found, the guarantees taken out on the same risks with other insurers. It should allow KAHA access to the equipment. In the event of the involvement of land-based motor vehicles (material and/or body), it must write and transmit to KAHA the amicable statement signed by the drivers. Failing that, a flat fee of 100 euros is charged for participation in the management costs of the claim in the event of a future indictment of KAHA by a third party. In the event of a theft, he must make a declaration to the authorities within 48 hours stating the identification of the equipment, the date and the circumstances of the theft and to transmit the originals to KAHA within the same time or on request. He must forward to KAHA as soon as he receives any complaint, summons, procedural document that would be addressed to him, and communicate to him any document without delay on a simple request. In the absence of a declaration, it cannot benefit from the guarantees set out here and retains the full consequences of the disaster. It does not discuss liability, deal with or deal with third parties in relation to the accident. The rental is charged until the equipment is recovered.
The tenant remains solely responsible for the offences committed by him or his agents and bears the criminal, civil and tax consequences. If KAHA pays any of these offences, it agrees to reimburse kahA on the right request. KAHA will be able to provide the authorities with personal information about it.
ART.12: RENTAL PRICE
Regardless of the duration of the rental, the rental price is set per unit of time for each rental (day, week, month) according to the rate in effect at the time of the order. The contract resumes on the front of the time unit chosen. In the absence of precision, the time unit chosen is for a period of 1 calendar week not fractional since the day of availability. Any unit of time started is due. The tenant is charged the full duration of the equipment's availability.
The tenant receives assistance by telephone on 06 20 94 84 20 or 06 79 46 73 70 for the duration of the tenancy.
1) The material can only be returned during the opening hours of the depot. In the event of a takeover by KAHA, the tenant must inform KAHA in writing of the availability of the equipment with reasonable and sufficient notice, specifying the location of the material. The material to be taken back must be accessible to KAHA.
The tenant remains bound by all obligations arising from the contract until the effective recovery by KAHA, he remains in particular guardian of the rented thing and undertakes to keep it under supervision. The material will not be considered "returned", and the legal custody transferred to KAHA only after the delivery of a signed return voucher from a KAHA agent. Restitution is mandatory at the end of the tenancy period without the need to issue a formal notice.
2) The tenant is required to make the equipment in good condition and in compliance with all accessories and equipment, including safety devices, cleaned and at the same level of consumables (fuel or otherwise) as at the disposal if necessary. Otherwise, refurbishment, cleaning and consumable supply services are billed. At restitution, a return voucher specifying the date of return and the apparent condition of the material, subject to unseen or unreported damage, is established contradictoryly between KAHA and the tenant. In the event of a resumption of material by KAHA , in the absence of the tenant, only the findings made by KAHA on this good will be authentic. KAHA reserves a period of 5 working days after restitution to signify any damage to the material not apparent or not reported by the tenant to the restitution. In case of theft or loss, the contract and rental billing end only when KAHA receives the tenant's return to the relevant authorities. In the event of non-restitution of the material regardless of the cause, compensation is charged on the basis defined art 7-2, in addition to the rental. Unreposited equipment, accessories, removable items or spare parts are charged at the replacement price.
ART.15: EVICTION OF THE RENTER
The tenant does not remove or modify the property plates and/or inscriptions affixed to the equipment. The equipment cannot be sold or given back as collateral. The tenant undertakes not to consent to any real or other rights to the leased property for the benefit of anyone, which may affect its enjoyment or limit its availability or full ownership of KAHA.
Any invoice is payable in cash before the leased equipment is withdrawn on the following schedule:
30% down payment on order for booking equipment,
50% 15 days before benefit
20% to withdrawal or commissioning if installation included in the price,
unless payment period specified under specific conditions.
In the event of a disputed invoice, a dispute management fee may be claimed by KAHA. Any unpaid amount of money due to maturity results in the payment of late penalties at the rate equal to 3 times the current statutory interest rate, and for professionals, a lump sum compensation for collection costs amounting to 40 euros, as well as the forfeiture of any payment deadlines. After a notice remains ineffective for 8 days, the tenant will be liable for damages of a lump sum penalty equal to 15% of the unpaid TTC sum.
ART.17: RESOLUTION CLAUSE
In the event of the tenant's non-performance of a duty against him, including non-restitution of the equipment or failure to pay invoice at maturity, the contract may be terminated by KAHA as of right to the tenant's wrongs 48 hours after a notice by letter recommended with AR remaining unsuccessful. In this case, KAHA requires the immediate return of the material without prejudice to the sums due under the expired rental periods, under penalty of penalties provided for Article 13 or the application of a daily capital allowance equal to the daily rent, and complaint under Article 314-1 of the Penal Code. The tenant remains in any case responsible for the material and becomes its custodian in the sense of Art 1915 C Civ. He has neither the right to use it nor to dispose of it in any capacity. In the event of early termination of a contract with a flat price based on an incompressible term of tenancy, KAHA will receive compensation equal to the entire remaining rent or revise the price initially indicated according to the actual duration of the tenancy.
ART.18: APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
This contract is governed by French law and subject to the exclusive jurisdiction of the French courts. Any dispute over these conditions involving a professional will be decided by the KahA Commercial Court, to which the parties assign exclusive jurisdiction, even in the event of a referral, a warranty appeal or a plurality of defendants. Any dispute over these conditions involving a consumer will be subject to the legal rules of attribution and territorial jurisdiction.