Rent Terms

The objective of this contract is to lease, without an operator, the machine which is detailed on the packing slip and the delivery of said machine.

The payment for the rental of the machinery, object of this contract, will be immediate, except if there is a documented agreement between the parties which refers to a different form of payment.

The Lessor, on delivery of the machinery, can ask for a deposit

The invoicing of the machinery during the term of this contract, will be carried out at least once a month.  At the end of the contract, once all the machinery, stated in the contract, has been returned and its state checked, the final invoice will be issued, in which the damages or expenses which have not been previously invoiced, will be included. In case of a deferred payment, the maximum period shall be of 60 days from the date of the invoice. If longer, then it will be subject to an increase according to the legal rate of interest.

The start of the rental contract, will begin on the same day and time at which the machinery, object of this contract, is delivered by the lessor to the lessee, and will finish with the return and delivery of the rented machinery.

The leasing price will be in accordance with the current rates, reflecting the quote given prior by the lessor or the order from the lessee, accepted in writing by both parties.

The rental price is established by working days, except for the machinery or equipment which is invoiced by natural days, with a maximum of eight hours of work per day.

Supplemented expenses not included, independent and derivative of the rental, object of this contract:

The LESSOR is obliged to deliver the machinery, object of this contract, in perfect, working condition.

The LESSOR is obliged to provide the necessary documents inherent to the machinery, in accordance with current legislation.

The LESSOR is obliged, in accordance with what is stated in the Royal Decree 1215/97, and in relation to article 18 of the Law for the Prevention of Occupational Risks, to provide the LESSEE, with all the information necessary about the use, operation and safety of the machinery, object of this contract, and which should include documentation which attests to the compliance of this obligation, with the instructions, operational and safety information of each machine, object of this contract, if available.

The LESSOR is obliged to comply with the Safety Plan of the leasing company, when at the time of delivery, removal or repair and maintenance of the rented machine, object of this contract, they must access the site or place of work, in which the machine is.

The LESSOR is obliged to repair and maintain, at his expense, the machinery object of this contract, when the faults are of a technical nature, in accordance with the manufacturers instructions,  and in the case of prolonged stoppage of the machinery, must collect and replace the machinery with others of equal or improved characteristics or performance.

The LESSOR is obliged to have the coverage which is legally obligatory for the activity related to the rental of the machinery, object of this contract, for the personnel and in respect of third parties, coverage for own damage and third parties, circulation, breakdown of machinery and any other which features the characteristics of machinery and the specifities of rental which are enforced by law.

In all cases, when the contract is resolved, even though the circumstance is not one listed below, the lessee will automatically lose possession of the machinery, object of this contract, being obliged to return it to the lessor.

In this case the machinery, object of this contract, will be returned and the remaining leasing periods cancelled.

After considering the clauses, and the obligations recognised in this present contract, unless this can be claimed in compensation by consequential damage or profit loss.

Having respected the obligations recognised in the clauses of this present contract.

The resolution of the contract for any of the reasons detailed, will have to be previously communicated, considering the length of said contract.

The LESSEE, on receipt of the leased machinery and its accessories, object of this contract, is responsible for how ever many factors which arise from the usage of the leased machinery which are not attributable to the lessor, through the breach of obligations defined in this agreement.

The LESSEE will be liable for the damages and breakdowns caused by the misuse or negligent usage, contrary to the manufacturers instructions for the  specific machine and the normal use, operation and security referred to in the current legislation and recommended and supplied by the LESSOR; or by inadequate training or lack of training of the operator.

The LESSEE is obliged, under article 19 and in accordance with the Law for the Prevention of Occupational Risks, to guarantee the EDUCATION AND TRAINING OF THE OPERATOR; to whoever is assigned the usage or handling of the machine or machinery, object of this rental agreement.

The LESSEE is obliged to transfer, to the operator and operators responsible for the use of the leased machines, object of this present contract, all of the information provided by the Lessor, regarding the use, operation and safety features of the machine, in accordance with that established in the Law for the Prevention of Occupational Risks, in relation to the Royal Decree 1215/97.

The LESSEE is obliged to know the characteristics of the place and environment where the machinery, object of this present contract, will be used, adopting as many measures necessary, in accordance to the current law regarding occupational hazards and the environment, verifying in all cases, on a daily basis the technical state and maintenance of the machinery, object of this present contract.  

The LESSEE is obliged to pay for the rental of the object of this present contract, as well as the expenses which may arise from its usage and enjoyment which may include (transportation, waste, diesels, permits, autorizations, sanctions).

The payment will be made in accordance with what is established in the fourth clause (method of payment).

The LESSEE will be liable for the damages caused by the breach of the obligations contained in this agreement.

The LESSEE, in case of robbery or theft of the leased machinery, object of this contract, will be liable to the full value. Furthermore, he is obliged to urgently and in writing, inform the Lessor of the event and the circumstances in which the robbery or theft took place, for the appropriate legal procedures.

The LESSEE is obliged to urgently communicate in writing to the Lessor, in the case of an accident with the machine or machinery, object of this present contract, the damages, of material or of the body, produced during the use of the rented machinery, object of this present contract, detailing the circumstances, date, time & place, as well as the full identification of the material as well as the number of the insurance policy of the approved works, a requirement of the Lessee.

The LESSEE is obliged to authorise the access to the place of work in which  the machinery leased and object of this present contract is delivered, collected, repaired, maintained or kept, for the person/s placed in charge by the Lessor, making them aware of the Safety Plan in the work place and the measures which said person/s should adopt to prevent risks which they can be exposed to during their time at said work place, coordinating these preventative measures with the rest of the activities taking place.

The LESSEE is responsible for making sure that the usage or handling of the machinery, object of this present contract, is reserved for those persons responsible, capable and trained in the usage as well as the mainenance of the machines during the rental period stated in the present contract.

The LESSEE cannot assign or transfer to a third party, the use and enjoyment of the machinery of the present contract, during the validity of said contract without the express permission of the Lessor.

Any modification, alteration or novation of the clauses and content of this agreement needs the express authorisation and in writing of the contracted parties without which a tacit acceptance is issued.

The parties will settle any claim arising from this present contract before the courts and tribunals of the domicile of the Lessor, renouncing the jurisdiction of the contracting parties.

This contract will be interpreted according to the literalness of its terms, in accordance with the applicable legislation and with the main character of the rules of the Civil Code, as well as those referred to in the Occupational Risks, environment, and those which affect the contracted parties further.

The loss of keys will involve a charge.