Nordic Rentals A/S Terms and Conditions of Trade and Rental
The legal relationship between the purchaser/hirer and Nordic Rentals A/S shall be governed by Danish law except as set out below.
Standard terms of trade
All prices quoted are exclusive of VAT and other taxes and duties. Quotations communicated verbally shall be accepted immediately, otherwise such quotations shall lapse. Unless otherwise stated, written quotations shall be valid for a period of fourteen (14) days as from the date of the quotation, after which period they shall lapse. The prices quoted shall be our day rates, determined by the time of issuing the quotation. Nordic Rentals A/S reserves the right to amend such rates on account of increases in the costs of labour and materials, exchange rate fluctuations or changes in customs duties, freight expenses and other costs. For orders less than DKK 1000,- there will be charged DKK 100,- in fee. For electronic factoring trough EAN there will be charged DKK 40,- in fee. Complaints concerning non-conformity in terms of the quantities/volumes delivered shall be made immediately following receipt of the goods, otherwise the right to complain shall lapse. Complaints concerning other types of non-conformity shall be made within eight (8) days of receipt, otherwise the right to complain shall lapse. Under the following extended force majeure clause Nordic Rentals A/S shall be exempt from liability in connection with delays: War, fire, strike, lockout, weather conditions, export and import embargos, sequestration, defects or delays in deliveries from subsuppliers or other circumstances which Nordic Rentals A/S did not foresee or should not have foreseen. In the event of contract and/or special-term purchases the goods shall remain the property of Nordic Rentals A/S until such time as the contract and/or agreement has been fulfilled.
Terms and conditions applicable to the hire of sound and light equipment
Unless otherwise agreed in writing, payment shall be effected immediately following the conclusion of the hire contract or on the dates stipulated in the hire contract. Those signing the contract shall declare that they have understood the contents of the contract and shall return the contract once it has been signed. Unless returned within five (5) weekdays of the date indicated in the document, the contract shall be deemed to be invalid. Nordic Rentals A/S reserves the right to demand reimbursement of actual costs incurred in connection with an agreed contract which is subsequently not returned. In connection with outdoor events, all equipment must be protected effectively against wind and weather. Extra tarpaulins must be available. Nordic Rentals A/S reserves the right to overrule the measures taken in this respect by the hirer. The dimensions of supply cables and all other installations shall be in compliance with the Danish Heavy Current Regulations (Stærkstrømsreglementet). Active earthing must be established. An electrician shall be present at the time of connection. In the event of the hirer collecting the hired equipment, transportation shall be in a suitable vehicle. Nordic Rentals A/S reserves the right to overrule the transport organised by the hirer. During the term of the hire contract the hirer shall be liable for any damage to or loss of the hired equipment, be it accidental or not. Without prejudicing the liability and obligations of the hirer, Nordic Rentals A/S has taken out insurance in respect of the hired equipment during the term of the hire contract. Nordic Rentals A/S commercial and product liability incurance is limited at DKK 10.000.000,- according to the policy nr. 670-8.105701.081. Any damage shall be reported to Nordic Rentals A/S immediately. Furthermore, theft, burglary and acts of vandalism shall be reported to the police. In the event of the hirer purchasing insurance from Nordic Rentals A/S, the hirer shall be insured on the same terms as Nordic Rentals A/S. In the event that hire of the equipment includes the assistance of a technician, the hirer shall be fully insured after purchasing insurance from Nordic Rentals A/S. The equipment shall, however, be protected against theft and burglary. In the event that the hire of the equipment does not include the assistance of a technician, and if the hirer takes out insurance from Nordic Rentals A/S, the hirer shall be liable for any damage which is not covered by Nordic Rentals A/S’s insurance, including:
• theft from open or unlocked motor vehicles.
• forgotten, lost or misplaced equipment or equipment lost in other ways in respect of which no exact time and/or cause of damage can be established.
• loose cables and lamps.
• gross negligence in so far as such gross negligence can be attributed to Nordic Rentals A/S or the responsible employees of Nordic Rentals A/S.
• excess which currently stands at DKK 5,900.00.
No changes or repairs shall be made to the hired equipment without the prior special permission of Nordic Rentals A/S. Nordic Rentals A/S shall not be held liable for any damage caused by the hired equipment. The hired equipment shall not be left in the care of others. Unless a special agreement has been made, the hired equipment shall not be taken outside Denmark. Handing-out of reserved equipment shall be subject to the timely return of the equipment by the previous hirer. Nordic Rentals A/S reserves the right to replace reserved equipment with equipment with the same functionality. In the event of the late return of equipment, Nordic Rentals A/S reserves the right to demand additional payment and to demand that the hirer covers any costs incurred by Nordic Rentals A/S in connection with other hire contracts. The hirer shall be unconditionally liable for any failure to return the equipment by the agreed time, and the hirer shall also be liable pursuant to Section 293 of the Danish Criminal Code (Straffeloven) on appropriation for limited use. In the event that the contract is cancelled later than 21 days before the first day of the hire period, the hirer shall pay 30 per cent of the rent stipulated in this contract. In the event that the contrakt is cancelled later than 7 days before the first day of the hire period, the hirer shall pay 100 per cent of the stipulated in this contract. Any such cancellation of the hire contact shall be made in writing. The contract cannot be fulfilled in the event of force majeure. In the event that it has been agreed that a number of helpers should be present and if they are not, a sum currently amounting to DKK 2,500 + VAT shall be paid per helper not present.
Terms and conditions applicable to the hire of vehicles
Nordic Rentals A/S has in pursuance of the provisions of the Danish Road Traffic Act (Færdselsloven) taken out ordinary liability insurance. An excess of DKK 5,400.00 is payable per incident of damage. In the event of damage, the hirer shall immediately notify Nordic Rentals A/S. In the event that no police report is taken in connection with the damage, the hirer shall be obliged to furnish satisfactory information to Nordic Rentals A/S about any other parties involved. The hirer shall be liable at all times for demurrage, currently at a rate of DKK 250.00 per day. The hire contract shall cover the indicated period only, and the contractual relationship shall be terminated at the stipulated time, the implication being that the hirer shall be obliged to return the vehicle to Nordic Rentals A/S at the agreed time, unless an agreement concerning the possible extension of the contract has been made with Nordic Rentals A/S in writing prior to the expiry of the time-limit. The hirer shall be unconditionally liable for any failure to return the vehicle by the agreed time, and the hirer shall also be liable pursuant to Section 293 of the Danish Criminal Code (Straffeloven) on appropriation for limited use. The hirer shall be liable for any losses suffered by Nordic Rentals A/S directly or indirectly as a result of the fact that Nordic Rentals A/S cannot make arrangements in respect of the vehicle, such losses being calculated in accordance with the ordinary principles governing the payment of compensation and the rules of contract concerning breach. Any fines and parking fees shall be paid by the hirer. Any amounts payable by the hirer to Nordic Rentals A/S as a result of the hirer’s failure to return the vehicle on time or in any other way shall be subject to the payment of interest at a rate corresponding to the default interest stipulated by the Danish Interest Rate Act (Renteloven). For the vehicles to be taken outside Denmark, the contract shall carry a special endorsement. The hire shall cover only the hirer and such other persons as are approved by Nordic Rentals A/S and whose names are entered in the contract. The hirer and any co-drivers shall possess valid driving licences. Age limit 21 years. Notwithstanding the fact that the hire contract may stipulate that another person, firm and/or company is to pay the rent, insurance etc., the driver(s) names in the contract shall be jointly and severally and directly liable for any claim which Nordic Rentals A/S may have under the contract of hire. The hirer shall not use the vehicle for illegal transports, including smuggling etc., or to tow any other vehicles or for any other special purposes which in any other way may load the vehicle over and above what is normal and usual. The vehicle shall not be used for the transport of animals or for the transport of items which may cause damage to the interior or exterior of the vehicle. The vehicle shall not be subhired or used for the commercial transportation of people. The hirer shall, on the commencement date of the hire contract, ensure that the vehicle is in a lawful condition, and the hirer shall be responsible for the lawful condition of the vehicle and for looking after it during the term of the hire contract. In the event of engine breakdown or damage, the hirer shall not carry out any repairs or towing without the consent of Nordic Rentals A/S. In the event of the hirer undertaking such activities without the consent of Nordic Rentals A/s, this shall be for the account and risk of the hirer. The hire of a bus with driver shall be subject to special conditions. Please contact Nordic Rentals A/S to obtain a copy of these conditions.
Limitation of liability
Nordic Rentals A/s shall not be held liable for any expenses or costs incurred by the hirer as a result of engine breakdown or any other damage to the vehicle or in the event of the vehicle’s use being wholly or partly reduced. Nordic Rentals A/S shall never be liable for indirect losses, including loss of profit. Items left in the vehicle shall not be replaced.
Exemption of liability
Nordic Rentals A/S draws attention to the fact that goods belonging to third parties which are transported by Nordic Rentals A/S are not insured under the so-called commercial carrier liability via Nordic Rentals A/S’s insurances. Nordic Rentals A/S accepts no liability for damage to goods in transit or during handling. We would like to point out that the customer should take out transport insurance. If the customer has already taken out transport insurance, the customer’s own insurance company should probably be informed of the transport. Vejle, 22 maj 2005.