RG Tunnel AS (RGT)
Company ID: 925 769 355
The purpose of these general terms and conditions of rental is to govern the terms and conditions on the rental of machinery and equipment. If other terms and conditions shall apply than those stated in these terms and conditions of rental, these shall, to be valid, be recorded in writing and enclosed as an appendix to the entered agreement.
The rented machinery/equipment is made available from the inception date stated in the contract. Responsibility for the machinery passes to the customer from the moment it is delivered from RGT’s warehouse until it is returned to RGT’s warehouse after use. Transport to and from the agreed storage location takes place at the expense and risk of the customer (EXW). If the customer shall collect the rented machinery and this has not been done within five days, RGT is no longer obliged to keep the rented machinery available, and it can cancel the agreement with immediate effect by notifying the customer. RGT has the right to the rental charge established in the contract for the period that has passed before the contract is cancelled.
The rental term starts at the inception date and concludes at the end of the repair period in accordance with the section “Rental payment”.
The rental charge is paid in advance for the agreed rental term. If the rental term is longer than one month, one month is paid in advance at a time. A previously agreed rental term may only be shortened with RGT’s consent. Any changes/remodelling are covered by the customer in addition to the agreed rental charge. Payment of the rental charge in the repair period is the responsibility of the customer; however, the estimated time for the repair period is agreed between the parties based on the condition of the rented machinery/equipment on return, limited to a maximum of two months.
On delivery the rented machinery shall be in an operational condition and meet the safety requirements in force at any one time. If the customer has not notified any faults and/or defects after the expiry of two working days, the rental object will be considered to be fault-free on delivery. If the delivered rented machinery deviates from the agreement, the customer shall immediately notify RGT, who can perform redelivery or rectification. If material defects are not remedied, the customer has the right to terminate the agreement. Notice of termination must be made in writing and the customer agrees to return the rented machinery at its own expense.
THE CUSTOMER’S OBLIGATIONS
The customer agrees to carry out daily operational maintenance and to follow the maintenance and usage regulations and user manuals for the equipment. The customer must therefore only use the production factors and additives (e.g. fuel and lubricants) that are prescribed. The rental charge does not include production factors and additives.
The customer is similarly obliged to carry out and cover the cost of necessary minor repairs and replacements of parts during operation. Only original components from the manufacturer may be used. The customer agrees to ensure that during the rental term the equipment is only used by personnel who have received training in its use, have necessary qualification certificates and therefore have the necessary skills to handle the equipment correctly and avoid exposing themselves or others to harm. The customer is obliged to follow the instructions concerning the equipment’s use. The equipment’s stated capacity must not be exceeded. The customer further agrees to ensure that the equipment is protected from access by unauthorised parties, as well as unnecessary external influence. The prices stated presume that the machinery/equipment is used in a clean and non-corrosive environment. A separate agreement shall be made in advance for use for works that expose the equipment to particular environmental stresses, so that special preventive measures can be taken. The prices for such protection are available on request. The customer must not make changes or modifications to the equipment without prior approval from RGT. RGT is at all times entitled to inspect the equipment, and shall be kept informed by the customer about the location of the equipment’s use during the rental term.
THE CUSTOMER’S RISK AND LIABILITY
The customer bears the risk for the rented machinery and is liable for all damage incurred by the machinery during the rental term. RGT must be immediately informed of any damage, regardless of blame or cause. The customer agrees to return the rented machinery in the same condition as on delivery, with the exception of deterioration resulting from normal use and age. Extraordinary deterioration shall be compensated by the customer. If the machinery incurs damage that can be covered by insurance, see the section “Insurance”.
The customer is liable for any damage to property or assets, personal injuries or consequential damage that the equipment and its use may cause to third parties during the rental term.
The equipment is insured through RGT as follows:
Insurance is arranged to cover
- Fire (incl. explosions and lightning strikes)
- Comprehensive insurance
- Theft/burglary insurance
- Liability under the Norwegian Automobile Liability Act (when the machinery is used as a vehicle)
The customer is financially liable for ensuring that the rental object is insured in accordance with the insurance companies’ requirements for burglary insurance, see the Norwegian Insurance Approval Board’s Protection Class B2 requirements.
The following exceptions apply:
- Damage caused by gross negligence.
- Damage attributable to use contrary to RGT’s regulations/training.
- Damage attributable to defective inspection, refilling of antifreeze solution, oil, water etc.
In the event of damage RGT shall be contacted immediately, and subsequently a damage report form shall be completed and sent to RGT. Once the damage has occurred, the customer agrees if possible to help limit the extent of the damage.
Insurance premiums are charged to the customer as 5 % of the rental amount.
EXCESSES FOR COMPREHENSIVE CLAIMS
– NOK 15,000 for equipment with a value up to NOK 100,000
– NOK 50,000 for equipment with a value up to NOK 1,000,000
– NOK 250,000 for equipment with a value over NOK 1,000,000
If the customer acts as self-insurer, the requirement for premiums lapses, but the customer then bears the entire insurance liability for the rental object. RG Tunnel grants no operational warranty for machinery and is therefore not financially liable for operational breakdown of equipment.
If the rented machinery is not handled satisfactorily, RGT may cancel the rental agreement with immediate effect and collect the machinery at the customer’s expense. The same applies if the rental charge or any supplementary charges are not paid at the right time, or if the agreement is materially breached in any other way.
The customer is obliged to return the rented machinery to the warehouse at its own expense before the expiry of the rental term. RGT is entitled, at the customer’s expense, to carry out any final repairs that may be necessary to return the rented machinery to the condition it was in on delivery, see “customer’s obligations”, after a joint inspection. The rented machinery/equipment shall be returned in a good operational condition, which means:
Rented machinery/equipment shall be returned complete in accordance with the condition checklist and cleaned. External damage shall be repaired and damaged components shall be replaced with new ones. Worn parts shall be replaced with new ones if they are more than 60 per cent worn. RGT will not instruct the customer to replace functioning components. Filters and oil shall be replaced in accordance with the user manual. The rented machinery/equipment shall be free from electrical, mechanical and hydraulic defects.
The provisions of this agreement also apply to additional equipment, tools etc. that may be delivered to the customer without being specifically mentioned in the agreement.
The customer may not sublet or transfer its rights under this agreement to third parties or make any legal dispositions (assignment, mortgaging or similar) over the equipment.
RGT accepts no liability for the rented machinery satisfying the customer’s needs. RGT disclaims all liability to pay damages in connection with the letting, injuries to people or damage to property that may arise, regardless of whether this is attributable to technical failure or negligence on the part of RGT. RGT disclaims all liability for losses that may arise as a result of the rental arrangement regardless of blame of cause. The customer accepts full liability for any claim that may be raised against RGT based on the rental arrangement, as well as relating to matters of procedure and/or a legally enforceable judgement. The customer disclaims all admission to recourse against RGT.
Efforts shall be made to resolve any disputes between the parties in connection with this agreement through negotiations. If the negotiations are unsuccessful, the dispute shall be heard by an ordinary court of law, unless the parties agree to settle the matter through arbitration. The fact that a dispute has been heard by a court for decision or arbitration does not in itself relieve the parties from fulfilling their obligations in accordance with the order. Disputes shall be resolved in accordance with Norwegian law.
All disagreements and conflicts that may arise in connection with the agreement shall be settled in accordance with Norwegian law. The parties accept RG Tunnel’s court of domicile as legal venue for any legal proceedings originating in this agreement.
The customer accepts that the rented machinery/equipment can be compulsorily returned without legal proceedings if the rental charge is not paid or the rental term has expired, see Section 13-2 of the Norwegian Enforcement Act. All expenses as a result of compulsory return of the rented machinery/equipment shall be covered by the customer.
SPECIAL TERMS AND CONDITIONS
The equipment can be rented from different rental companies (RCs) to RGT and in such cases is the property of RC. This agreement is then to be considered a subrental. If RC cancels its rental agreement with RGT, RC has the right to cancel this agreement, and in this connection to demand that the equipment be delivered to RC or a party assigned by RC. Alternatively, RC has the right to take over RGT’s rights in accordance with the agreement. In such case, RC does not take over any of RGT’s obligations under the agreement. Any objections, claims etc. that the customer may have under the agreement, or in any other way against RGT under the agreement, may not be invoked against RC, but only against RGT, including if RGT should go bankrupt. The customer may therefore not make a rental reduction or suspend the rental payments to RC as a result of any matter, objections etc. as mentioned. This also applies on any submitted and/or executed claim for cancellation or termination, and for any objections that the customer may have under the service agreement, including whether this in included in the rental agreement. Any cancellation or termination of this rental agreement by the customer, including under the section “Termination”, shall notwithstanding be made with special prior written notice to RC. The notification shall have a deadline of at least 14 days. If RC in such a case wishes to take over RGT’s rights in accordance with the agreement, cancellation or termination may not be invoked against RC. This provision or other terms and conditions relating to RC’s rights, including the agreed rental charge, may not be changed without written acceptance from RC.
RGT is released from its obligation to deliver if delivery is impeded as a result of circumstances outside RGT’s control, for example extraordinary weather conditions, official decrees and prohibitions, fire, strikes or lockouts. The customer is not entitled to claim any type of compensation on grounds of late delivery or non-delivery caused by the named circumstances. A temporary interruption in the utilisation of the rental objects, including in the event of a Force Majeure situation, does not entitle the customer to interruption of the rental, and does not release the customer from payment of the agreed rental charge.