ZEFERINO, S.A., GENERAL CONTRACT CONDITIONS
The rental term runs from the day the equipment leaves Zeferino’s storage facilities or is ready for pickup by the client until the agreed-to termination date or when the equipment is returned and delivered to Zeferino’s storage facilities, whichever is later.
No rates are charged over holidays provided that the equipment is not actually used.
The client may request a contract extension provided that the client gives notice 24 hours before the initial term expires and provided that Zeferino expressly agrees. In that event the same rates as in the initial contract apply.
If Zeferino does not agree, the client must return the equipment in the term established in the initial contract. If the client fails to do so, the client must pay the daily rent plus an extra 50% for late return plus damages caused by the delay in returning the equipment.
2. PRICE AND PAYMENT
The equipment is rented from the contract start date until the return of the equipment to Zeferino, both dates included, accruing rent at the current rates on the company’s list and established at the start of the contract.
During the term of the contract Zeferino reserves the right to raise the initial rates provided that this is done to cover variations in the costs to the company that are beyond the company’s control.
All rates on the list are for one day’s rental. Rates cannot be divided into fractions of a day.
Unless expressly agreed otherwise, there is no difference between use of the equipment for one hour or several hours. The minimum rent is always the amount for one day’s rent.
Prices are stated in euros, and VAT and suitable risk coverage must be added to all totals.
The client takes charge of the equipment in good working order and must inspect the equipment before accepting delivery. A person from the client company or an independent professional engaged by the client company must sign a document acknowledging receipt of the equipment as definitive proof that the equipment is in good working order, after which the client may not make any complaints to Zeferino. As of that time the client is liable for anything occurring to the equipment and may not be excused from this liability under any circumstance.
The client must return the equipment at the end of the rental term in the same condition as at delivery. Loss or theft of all or part of the equipment and any damage to the equipment are at the risk and expense of the client. Zeferino shall invoice the client for each and every item of equipment damage and other equipment incidents, and the client must pay Zeferino not only for damage done but also all rental charges for the period during which the equipment or its replacement is unavailable to Zeferino (and in good rental condition).
Equipment shipping is always at the risk and expense of the client unless agreed otherwise. The client must bear not only the cost of shipping but also any other sums or incidents generated during and on the occasion of shipping.
The client is obligated to take risk coverage covering any damage to the equipment due to its use under normal conditions. This coverage includes a percentage increase established from time to time on the basis of the gross sum of rent. Said sum must be included in the final invoice issued by Zeferino (and a copy of the insured risk must be delivered at equipment reception).
Always within the rental term, the client must also take, on its own account, insurance naming Zeferino, S.A., as beneficiary and covering any damage and/or loss of the equipment as a consequence of:
a. Lack of expertise, negligence and malicious acts by the staff of the client company or outside persons.
b. The direct action of electricity as a result of short circuits, arcing, voltage surges and other similar effects.
c. Storm, wind, rain, hail, frost, thaw and flood.
d. Fire and impact due to collision, fall or sinking.
e. Robbery, theft and loss of the equipment.
5. THE CLIENT’S OBLIGATIONS
1. The rented equipment must be used only by a qualified technical service assigned or accepted by Zeferino, S.A.
2. The client must take proper care of the equipment, ensuring that the equipment is used expertly and stored correctly, protected from any outside action.
3. In the event the rental term is longer than one day and therefore the equipment must spend the night outside Zeferino’s facilities, the equipment must be kept in a closed, guarded location.
4. The client must at all times keep the equipment under its custody and control and may not transfer or rent the equipment or any part of the equipment to others.
5. The client must notify Zeferino immediately in writing of any incident involving the equipment.
6. If during the rental term the equipment or any of its parts requires adjustment or repair or if an incident occurs related with the equipment or any of its parts, the client must allow Zeferino or its agents access to the equipment to inspect it, test it, adjust it, repair it, modify it or replace it.
7. Zeferino reserves the right to inspect the equipment at any time.
6. EARLY CONTRACT CANCELLATION
1. Zeferino may cancel the contract unilaterally in the following events:
• In the event of failure to comply with any of the established conditions.
• When the client is involved in a bankruptcy procedure or suspension of payments or when signs indicate that the client will not pay the invoice.
• When during the rental periods the client has not paid Zeferino a sum due according to a previous invoice.
2. In the event of early cancellation, Zeferino may recover the equipment and for that purpose has free access to any facility where the equipment is kept and the client is liable for all expenses of equipment recovery. (Said clause applies also in the event of termination due to expiration of the contract term).
7. SUNDRY PROVISIONS
1. Zeferino’s liability vis-à-vis the client is limited by the total sum of the invoice paid by the client. The client may not claim compensation in excess of said cap.
2. Both parties submit to the jurisdiction of the judicial authorities of Barcelona.
3. These clauses apply also, to the extent that they can be applied, to all equipment sales agreements.