Rental conditions

GENERAL RENTAL CONDITIONS WESTMANS UTHYRNINGSSERVICE AB
VALID FROM 2020-01-15

1 GENERAL

1.1 Definitions
The Lessor refers to Westmans Uthyrningsservice AB.
The Lessee refers to the purchaser of the rented goods.
Force Majeure refers to, among other things, fire, storm, tempest, hail, water, burglary, theft, vandalism,
explosion, leakage of hazardous substances and/or gas or another hazard in connection
with similar negligence by the Lessee or third parties such as suppliers or carriers, illness of key personnel of the Lessor that can be easily compensated siege, blockade or measures by the authorities, terrorism.e.g. suppliers or
carriers, illness of key personnel of the Lessor who cannot be easily replaced,
siege, blockade or action by the authorities and terrorism.

1.2 Contract/Order
All transactions are subject exclusively to the Lessor’s rental and delivery conditions. The content and scope of the rental agreement corresponds to the Lessor’s written order confirmation with information about the order and the rental and delivery conditions. Amendments to the binding rental agreement are only valid after written confirmation by the Lessor.

1.3 Prices
The price per item is based on the current price list and applies for three days: delivery day, day of use, return day (basic price), or delivery/collection Thursday-Friday and return Monday. The price for the second day of use is 25% of the basic price, then 15% for each additional day of use.

1.4 Rental period
The rented goods are only made available to the Lessee for the agreed rental period. An extension of the rental period requires the Lessor’s written consent. In the event of an extension, the Lessor is entitled to charge an additional rental price in accordance with the pricing method described above (see Clause 1.3 Prices). If the Lessee cannot return the rented goods at the agreed time, the Lessor must be informed no later than the day before the end of the rental period. In this case, the rent will be charged on an ongoing basis until the return of the rented goods in accordance with the pricing method described above (see section 1.3 Prices), plus any additional costs up to the replacement value.

1.5 Liability
The lessee is liable for all damage to and loss of the rented goods and packaging during the rental period. This also applies to damage caused by third parties or force majeure. If the damage is such that it can be repaired and the cost of the repair does not exceed the cost of the replacement value, the Hirer shall reimburse the Lessor for the cost of the repair. Otherwise
the Hirer will be invoiced for the replacement value.

The Lessee shall indemnify the Lessor to the extent that the Lessor is held liable to third parties for any damage or loss arising out of the rented property during the rental period which is not attributable to the Lessor. The Lessor shall be liable for damage caused by the Lessor through negligence or with intent. The Lessor’s liability is limited to the maximum order value.

1.6 Transfer of risk
The rented goods are not insured. Liability for the rented goods passes to the Lessee on collection (when the Lessee collects the goods himself) or on handover of the rented goods (when the goods are delivered to the Lessee). The Lessor recommends that the Lessee insures the rented goods during the rental period (including the construction and demolition period).

1.7 Availability
If the Lessor delivers or collects the rented goods late or if other contractual obligations are not fulfilled on time, the Lessor cannot be held responsible when this is the result of force majeure. The Lessee may only terminate the rental agreement when the Lessor’s obligations are considered permanently impossible due to late handover/delivery of the rented goods. However, the Lessee is obliged to notify the Lessor in writing – taking
into account all circumstances – and first give him a period of time to remedy the delay. If the Lessor has not been able to fulfill his obligations even after this period, the Lessee may terminate the contract.

If the Lessee discovers a defect or deficiency in the rented equipment at the time of handover which makes the rented equipment unusable, the Lessee is entitled to an equivalent alternative.

The hired goods may only be used – by the Lessee – in accordance with the agreed provisions and for the agreed project. The hired goods may not, without the Lessor’s written consent, be transferred to a third party, for example. If the Lessor has given written permission to transfer the rented goods to a third party, the Lessee shall nevertheless remain fully liable in accordance with these Terms and Conditions.

1.8 Lessee’s obligation to inform
The Lessee is obliged to immediately inform the Lessor of

• The rented goods are not complete on delivery (no later than two (2) hours after the handover of
  the goods).
• The rented goods are damaged (no later than two (2) hours after handing over the goods).
• The rented goods have been stolen or otherwise lost.

1.9 Cancellation

• Cancellation of orders with a value exceeding 100 000:-/excluding VAT will be charged in full
  regardless of the booking date (materials will be charged, but not services such as transportation, furniture
  rings etc.)
• Orders with a value of 10 000:- to 100 000:-/excluding VAT can be canceled up to 30 days before the delivery date (materials will be charged, but not services such as transport, furniture
  etc.)
• Orders with a value of less than 10 000:-excluding VAT can be canceled up to 7 days
  before delivery (materials will be charged, but not services such as transport, furniture
  etc.)
  
  

Adjustments can be made by special agreement, but no later than 3 days before the delivery date. After the booking is made, downward adjustments exceeding a value of 15% of the total amount of the booking are not allowed.

1.10 Copyright
The lessor reserves the right to photograph or film the rental equipment for marketing purposes at the locations where the lessor’s rental equipment is located
.

2 RENTAL GOODS

2.1 Lessee’s obligations – Collection, delivery and return

When the Lessee collects the rented goods himself, he is obliged to check that the rented goods are complete and fit for use. In addition, the Lessee must ensure that the goods are transported in accordance with the applicable rules. The hired goods must be transported in a closed space. Unless otherwise expressly agreed, the Lessee shall pick up and drop off the rented goods. If agreed, transportation can be arranged by the Lessor against payment. The transport will be organized so that the Lessee has access to the rented goods before the event. The Lessor cannot be held responsible for delayed delivery due to force majeure.

All goods are delivered on trolleys and must be able to be rolled. 15 minutes unloading and loading time is included. If the rental goods need to be carried or transported within the property, there will be an ongoing charge.

The rented goods must be stored in a weatherproof place. Upon delivery, the Hirer must immediately check the rented goods. Any omissions must be reported within two (2) hours of delivery.

On the agreed day of collection, the rented goods must be clean, stacked, in one place and easily accessible to the driver. On collection, the rented goods are, as far as possible, directly checked and counted (trolleys, packaging, furniture). When the rented goods consist of crockery, cutlery, napkins and/or other small items, the rented goods cannot be checked and counted directly upon loading. The Lessee accepts that the final check and count will only be done at the Lessor’s premises. The Lessor guarantees that no loss or damage will occur between collection and the final check.

In cases where the Hirer returns the rented goods himself, the Lessor must be notified of their arrival before the rented goods are unpacked. Any lost or broken rental goods that are not accounted for by the Lessor on arrival will be replaced by the Lessee.

2.2 Cleaning
The Lessee must handle the rental goods with care. Crockery, cutlery, glasses and kitchen equipment, etc. are cleaned after return by the Lessor. The rented goods must be returned in such a way (sorted and without food and/or grease residues) that the rented goods can be cleaned by machine immediately. If the rented goods are extremely dirty, the Lessor is entitled to invoice the Lessee for additional cleaning costs. Textiles (e.g. tablecloths and napkins) must be returned to the Supplier dry after use.

3 HEATING, AIR CONDITIONING, POWER AND TOILET UNITS

3.1 Energy
The quoted price does not include costs for energy and fuel consumption or connection costs (e.g. to the electricity grid), unless otherwise stated. In case of fuel delivery, our daily price will be invoiced. This may differ from the quoted price for fuel costs.

3.2 Lessee’s obligations
The Lessee is responsible for ensuring that the connections/facilities required for the installation are in place on time. In doing so, the Lessee is obliged to strictly follow the Lessor’s instructions. In addition, the Lessee must ensure that the location/site where the Rental Goods are to be installed meets the requirements of the responsible authority for such location/site for this purpose and that it is always freely and without hindrance accessible and that the Rental Goods are in no way hindered in their functionality – all in accordance with the Lessor’s assessment. In addition, the Lessee must – if necessary – obtain a permit from the competent authority authorizing the use of the rented equipment.

The Lessee is obliged to ensure that the hired goods are adequately guarded. The Lessee must, if required by the Lessor, insure the hired goods against the risks communicated by the Lessor. This applies for the entire rental period. The rented goods may only be handled by the Lessor or by personnel appointed by the Lessor. The Lessee is obliged to inform the Lessor immediately of any breakdowns. Repairs may only be carried out by the Lessor. Restricted use due to a breakdown or repair does not affect the Lessee’s obligation to pay the rental price.

4 TENT

4.1 Lessee’s obligations
The Lessee decides where (on which site/location) the tent will be placed and built. The lessee checks whether and takes responsibility for ensuring that the rental object can be built safely and without the risk of damage and/or interference with the rights or property of others. The Lessee informs the Lessor of the possible existence of electrical lines, cables, pipes and other installations in the ground. The Lessee is responsible for ensuring that the land/site where the rental object is to be delivered and built is free, cleared, easily passable. Measures to ensure this are carried out and paid for by the Lessee. Damage to the land and/or buildings, power lines, pipes or other installations in the ground due to the construction of the rental object is the responsibility of the Lessee.

In the event of snowfall, the Lessee must ensure that the roof of the rental property remains free of snow. Damage caused by snow load is the responsibility of the Lessee.

The Lessee is responsible for ensuring that all walls, doors and roofs of the rental property remain closed in the event of a storm and/or thunderstorm. If there is a risk of damage to the rented property, it is the Lessee’s responsibility to do everything possible to prevent or reduce the damage to the rented property.

The Lessee is obliged to keep the Lessor informed of the course of events. Without the Lessor’s written consent, the Lessee may not make any changes whatsoever (except in the cases described in the paragraph above) to the rented goods.

The lessee may only use the rental property in accordance with the agreed guidelines. The lessee may not make any changes whatsoever either to or in the rental object. Sticking things on, painting or otherwise working on the rental object is not permitted. If permission from a third party is required to install the rental object, the Lessee is responsible for obtaining such permission in time. Cancellation of tents can be made 30 days before the delivery date (unless otherwise agreed).

5 AMENDMENTS AND SUPPLEMENTS
Amendments and supplements to the rental and delivery conditions must be made in writing.

6 DISPUTES
This Agreement is governed by Swedish law. Disputes concerning the validity, interpretation or application of this Agreement and all legal relationships based thereon shall be finally settled by a general court with the Stockholm District Court as the first instance.

7 GDPR

7.1 Responsible
Westmans Uthyrningsservice AB with organization number 556319-5758 is responsible for
how the lessee’s personal data is handled in the company’s register. If you need contact in this
case, the lessee can write an email to info@westmans.se, or call 08-622 98
40. Address: Hantverkarvägen 8, 187 66 Täby

7.2 Reasons
Personal data/company information is saved in the customer register in order to simplify the Lessor’s assignment to the customer, and in order to simplify future orders. Such information may include telephone number, address, e-mail and other contact details. The information is also stored in order to be able to claim compensation for the service provided.

7.3 Lessee’s rights
Lessees have the right to request an extract from the register in order to check what data is registered. The tenant also has the right to be removed from the system if desired, provided that the data does not need to be stored by law.

7.4 Correction
The lessor is obliged to correct information that is incorrect or incomplete.

7.5 Storage
Independent Progress AB provides the development, operation and storage of the data stored in the Possum order system.