General terms and conditions
1 The present terms and conditions apply to all agreements for the renting and rental of machines, together with the accessories, entered into by lessor to renter, and shall also apply to the execution and consequences thereof. Renter has taken note of these terms and conditions, the applicability of renter’s own terms and conditions is expressly rejected.
2 The rental may only proceed provided the credit insurance has been approved.
3 The machine to be made available is in accordance with the description of the machine in the documentation. KT-Rent reserves the right to make amendments or modifications without prior notification.
4 Start and end date of the rental. The offer contains an indication of this period. The definitive period must be confirmed when the rental service is ordered. If you wish to return the machine earlier, you are required to notify KT-Rent of this in writing at least 3 days in advance. If you wish to retain the machine for a longer period, you are required to submit a request 3 working days in advance. You are required to obtain the approval from KT-Rent in writing for the possibility of extending the rental period before the extension of the rental period is possible or a fact.
5 Renter will take all necessary measures with regard to securing any permits required for the use of the machines at specific sites and with respect to the application as described. Lessor is clearly not responsible for the temporary disruption or total ban on operation that results from the voluntary or involuntary failure to observe the measures to be taken.
6 Each machine is supplied together with an operating manual containing safety instructions. This may also be supplied in digital format if an email address has been made available. The machine shall remain the property of KT-Rent at all times, although for the duration of the rental agreement the client shall be responsible, liable for the operation in its entirety including the observance of the applicable law in connection with the use of work equipment and compliance with the safety instructions.
7 Renter will take every measure to observe the safety regulations associated with safeguarding the use and operation of the machine. To that end he will appoint a safety manager who will relieve KT-Rent from all further responsibility and liability.
8 Renter accepts that if the machine is used improperly: the present rental agreement may be terminated by KT-Rent unilaterally and without prior notification. The direct and indirect costs deriving from this shall be at the expense of renter.
9 Renter also agrees to a representative of KT-Rent conducting an inspection of the machine at any time of day.
10 Renter will treat the machine in the correct manner in accordance with the instructions for use and servicing as set out in the manual as provided by KT-Rent. To that end, he will also be required to maintain a daily checklist, which he must forward to KT-Rent on a weekly basis. An initial volume of grease will be made available free of charge by KT-Rent, which renter is required to use in accordance with the instructions he has received.
11 The rental agreement takes normal wear and tear into consideration in keeping with judicious and normal use of the machine. Unusual wear and tear, which is established by a KT-Rent employee of appointee and any damage fall outside the terms of the rental agreement and shall be charged separately.
12 An inventory shall be drawn up in the form of a technical data sheet at the start and end of the rental period. All remarks shall be recorded on said data sheet. This must be signed by renter and lessor. If renter fails to sign the document, the leased machine shall be deemed to have been accepted in an excellent condition and working order.
13 If renter notices that the machine has incurred damage or has a defect at the start of the rental period which has not been recorded on the technical data sheet, he is nevertheless required to report this in writing on the first day of the rental period.
14 KT-Rent shall under no circumstances be held liable for any direct or indirect damage of any kind that may result from a malfunction or from the partial or total failure of the machine. In the event of a malfunction or the partial or total failure of the machine, KT-Rent shall arrange for a replacement machine or solution to the problem as far as possible and as quickly as possible. In the event that the machine should fail owing to a default that is not attributable to improper usage, KT-Rent shall not charge for this period of inactivity.
15 KT-Rent cannot be held liable in any way for any discrepancy between theoretical and actual performance.
16 Renter shall refrain from any form of subleasing without the prior written consent of the owner, KT-Rent.
17 Renter shall ensure that the machine has a full tank of fuel at the end of the rental period.
Prices (*) are exclusive of transport costs to and from the site, damage to and wear and tear of platforms, and cleaning the machine.
If the machine has operated for less than 8 hours you will be charged for 8 hours on a daily basis.
If the machine has been operating for more than 8 hours, you will be charged 1/8 of the daily price per hour.
If the machine has not been operating, you will be charged a stand-by fee.
If you rent the machine for less than 2 weeks, a surcharge is added for the preparation and exchange of the platforms.
The first series of sieves is provided with the machine free of charge. Payment is required for subsequent configurations.
If your production process is jeopardised on account of bad weather conditions, you are required to report this in advance in order to obtain a written permit from KT-Rent for suspension of operations on account of the bad weather. If no permit is granted on account of the bad weather, you will be charged for every day that you are responsible for the machine.
The costs in the event that the machine was not cleaned when it is collected from renter, comprise the following:
- Cost-plus price for preparing the machine for transport on site
- Flat-rate administrative cost for thoroughly cleaning the machine: EUR 350
Renter shall cover all insurance franchise risks with regard to machine breakdown in connection with all damage not including normal wear and tear in keeping with the use of the machine.
N.B.: according to some insurance companies, machine breakdown insurance does not include the conveyors. However, should the conveyors become damaged during the rental period, renter shall be liable to replace or repair these conveyors.
In the event of an accident or damage, renter is required to notify lessor in writing immediately about the damage that has been incurred which is not attributable to normal wear and tear.
His report shall describe the extent and suspected cause of the damage. He should include photos where possible. Important: If renter wishes to take out machine breakdown insurance, which he has determined contractually in advance, he shall notify lessor in a timely manner in order for the procedure to be followed to take advantage of this benefit.
Renter remains liable for every incidence of damage being incurred and for the payment of related costs.
If renter fails to notify lessor of his intention to take advantage of this benefit, if he fails to notify the insurance company in a timely manner, or fails to observe the procedure ad hoc, or if he is unable to take advantage of such insurance benefit, he shall retain final responsibility and only he shall be liable for the repair costs and the orderly operation of the machine.
Terms and conditions of payment
The reference condition is payment in cash on receipt of the invoice.
Lessor reserves the right to demand partial or full payment in advance. In the latter case, the rental contract shall be validated as soon as the agreed amounts have been transferred to the bank account of KT-Rent.
Any deviation from the rules set out above must be notified in writing and must be clearly specified when the contract is signed.
Partial/monthly invoicing shall apply. In the event that the terms and conditions of payment are not observed and in case of non-payment, KT-Rent reserves the right not to accept the rental contract and/or to bring it to an end prematurely without any damage or advance notice and without his being obliged to impose compensation by renter or a third party. KT-Rent consequently has the right to immediately recover the machine from renter. Renter shall be liable for covering the transport costs associated with this.
2nd invoice: In the event of damage caused by the user, he shall be notified of this and shall have 3 days to determine the damage in question in person at our premises. If we do not receive any response, we shall send the 2nd invoice with an indication of the damage and the hours worked.
The quality of the diesel (specifications according to EN 590) is checked before the machine is dispatched. If it emerges that the diesel contains impurities when the machine is returned, a detailed report will be drawn up. If the report demonstrates that the user is liable, we shall be obliged to charge the user for the costs of clean diesel and for cleaning the diesel tank.
- The client acknowledges and consents to the fact that KT-Rent has installed a track & trace system in the leased machine in order to monitor the machine’s location, the production volume, the period of activity and the technical condition of the machine;
- The client acknowledges and also consents to the fact that KT-Rent follows-up on visual material of the machines in real-time in order to carry out checks on productivity and technical complexity, analyses etc. The client undertakes to notify the relevant operator of the fact that a film recording may be made of them while they are working;
- KT-Rent processes the personal data solely for the aforementioned purposes and always in accordance with its privacy statement;
- The client may at any time demand to inspect, correct, restrict and/or delete its personal data or that of the individual involved. The request to remove said personal data shall always be subject to an opportunity assessment by KT-Rent. Moreover, manifestly unfounded or excessive requests will lead to the client being required to pay a reasonable amount of remuneration.