General rental conditions

ARTICLE 1: GENERAL


1-1: The general conditions for the rental of products have been drawn up by a specialized commission bringing together users and rental professionals.
To have contractual value, these general conditions must be expressly mentioned in the wording of the order placed by the
lessee, or in the contract, or on the delivery note.

These documents must at least specify:
- the definition of the rented equipment and its identification,
- the place of employment,
- the indicative rental period.

They may also indicate:
- the conditions of availability,
- the terms of use,
- the conditions of transport,
- the rate in force on the day of the contract and according to the duration of the rental.
1-2: These general conditions constitute a framework and do not claim to consider and settle all situations. The contracting parties will take care to deal with their specific problems in special conditions which will then derogate from the general conditions.


ARTICLE 2: PLACE OF EMPLOYMENT


2-1: The material is exclusively used in a limited geographical area. Any use outside the area indicated without the express and prior agreement of the lessor may justify the termination of the rental with the possible payment of the lump sum compensation provided for in article 18.


ARTICLE 3 : MISE A DISPOSITION

3-1: Conditions of availability
3-1-1: All equipment, its accessories and everything that allows its use
normal, are deemed delivered to the tenant in good working order, reset, cleaned, if necessary. They are accompanied, if necessary, by the technical documentation necessary for their use and maintenance. The technical documentation can be requested at any time by email in electronic format, or you can download it if necessary in PDF on the product sheet.
They are also deemed to be in good standing with all legal or regulatory requirements concerning, in particular but not exclusively, safety, standards of use.
3-1-2: Taking possession of the equipment transfers legal custody of the equipment to the lessee, who assumes full responsibility within the meaning of articles
1382 to 1384 of the Civil Code.
3-1-3: It is produced, if necessary, by the lessor at the time of the provision, the certificates of compliance.
If the lessor fails to be able to produce these documents, when the regulations so require, the lessee is entitled to refuse delivery of the
material or its removal. This refusal results in the cancellation of the rental.
3-2: Date of availability
The rental contract may provide, at the choice of the parties, for a delivery or collection date. The party, responsible for carrying out the delivery or collection, must notify the other party of his arrival with reasonable notice. Non-compliance with the agreed date engages the contractual liability of the defaulter. This responsibility is defined in the special conditions.
3-3: Contradictory state
3-3-1: The equipment delivered or made available must be the subject of a delivery note or a rental contract duly signed by both parties.
At the request of one or other of the parties, it may be provided that a contradictory statement is drawn up at the start or at the start of service. If this state
contradictory reveals the inability of the material to fulfill its normal purpose, said material is considered as not delivered.
In the absence of a contradictory state, the equipment is deemed to be in good working order and equipped with the accessories necessary for its operation.
3-3-2: If the rented equipment requires configuration, assembly and/or installation, the parties settle their rights and obligations by special conditions.


ARTICLE 4: DURATION OF THE RENTAL


4-1: The duration of the rental starts from the day when all of the rented equipment is made available to the lessee at the lessor's address, or on the premises where the said equipment was previously located. The date and time of delivery prevails. This date is contractually fixed on the delivery note or on the rental contract.
It ends on the day when all the rented equipment is returned.
- as defined in article 12
- to the lessor in its warehouses or made available to it at the place designated by it.
4-2: The foreseeable duration of the rental, from an initial date, can be expressed in any unit of time. Any modification of this duration will
subject to a new agreement between the parties.
The rental can also be concluded for an indefinite period. In this case, the notices for returning or taking back the equipment are specified in the
special conditions.


ARTICLE 5: CONDITIONS OF USE


5-1: Nature of use
5-1-1: The lessee must inform the lessor of the conditions of use of the rented equipment. The so-called “normal” use of the equipment corresponds to that
recommended by the lessor when the rental request is made by the tenant.
Any different use must be reported by the tenant, and recorded in the special conditions. This registration implies acceptance by both parties.
The tenant is responsible for any damage resulting from use that does not comply with his declaration.
The lessee is also responsible for the use of the equipment, with particular regard to:
- compliance with the rules of use according to the type of product (exterior and/or interior of buildings)
5-1-2: He must entrust the equipment to qualified personnel with the necessary authorizations, manage it as a good father, maintain it
always in good working order and use it in accordance with the regulatory health and safety instructions.
The rental being concluded in consideration of the person of the lessee, it is forbidden for the latter to sublet, and/or to lend the equipment without the agreement of the lessor.
5-1-3: Any use that does not comply with the prior declaration of the lessee or with the normal destination of the rented equipment gives the lessor the right to terminate the rental contract and to demand the return of the equipment in accordance with the provisions of article 18.
5-2: Duration of use
The rented equipment can be used at discretion during the daily duration which, in the absence of special details listed in the conditions
particular, is fixed at 24 hours.
The lessor may control the duration of use of these products by any means at his convenience, nevertheless respecting the provisions of article 2-2.


ARTICLE 6 : TRANSPORTS


6-1: The transport of the rented equipment on the outward journey is included in the rental price. The return transport of the rented equipment is the responsibility of the renter. The lessor can use the carrier of his choice for a return to our warehouses at the following address:

DI2M, 5003 rue d'HIRSON, 02830 ST MICHEL, FRANCE, indicating the telephone number 06 24 21 08 28.

or use the MondialRelay Relay point network with the LIDL ELYSEES HIRSON LOCKER 24/7 relay point, 221 AVENUE DES CHAMPS ELYSEES, 02500 HIRSON, or AUCHAN HIRSON, AVENUE DE VERDUN, 02500 HIRSON, for the attention of DI2M and mentioning the mobile number 06 24 21 08 28.

or via the Pickup network and the postage system of Chronopost or chronoshop2shop.fr with the relay point CARREFOUR CONTACT, 2 RUE BARBUSSE, 02830 ST MICHEL, for the attention of DI2M and mentioning the mobile number 06 24 21 08 28.


6-2: The transport is carried out under the responsibility of the lessee in the case of removal of the equipment carried out by him or by a third party chosen by him, and under the responsibility of the lessor in the case of delivery carried out by him or by a third party chosen by him.
The tenant must prior to the removal justify that he is covered by sufficient specific insurance against all the risks caused to the equipment and those caused by it.
6-4: In the event that the carrier is a third party, it is the party who has the transport carried out who exercises the right of recourse.
It is therefore up to this party to check, prior to carrying out the transport, that all the risks - both the damage caused to the equipment and those caused by it - are covered by sufficient insurance from the carrier and, if such is not the case, to take all necessary measures to insure the materials.
6-5: In all cases, when a claim is noted on arrival of the equipment, the recipient must immediately formulate the legal reservations and inform the other party so that the protective measures can be taken without delay, and that insurance claims can be made.


ARTICLE 7: INSTALLATION - ASSEMBLY AND DISASSEMBLY


7-1: The installation, assembly and dismantling (when these operations prove necessary) are carried out by the tenant, under his full responsibility.
The tenant may ask the lessor to replace him. These operations are then carried out under the full responsibility of the lessor. Conditions
execution (deadline, price, etc.) are set out in the special conditions.
7-2: The installation, assembly and dismantling do not modify the duration of the rental which remains as defined in article 4.


ARTICLE 8: EQUIPMENT MAINTENANCE


8-1: The tenant will carry out under his entire responsibility, daily, the verifications of the equipment.
8-2: In the event of specific rental equipment requiring appropriate maintenance, the maintenance conditions must be written in the special conditions.
8-3: Unless otherwise stipulated in the special conditions, the time required for the maintenance of the equipment at the expense of the lessor is an integral part of the rental period as defined in article 4.


ARTICLE 9 : REPARATIONS-DEPANNAGES


9-1: In the event that a breakdown immobilizes the equipment during the rental period, the lessee undertakes to inform the lessor within 48 hours by any
medium at his convenience. The contract will be suspended for the duration of the repair with respect to its payment but remains in force for all other obligations.
9-2: If the latter exceeds 10% of the duration of the rental provided for in the contract, or one calendar week, the tenant will have the right to terminate the rental contract by paying only the rents accrued up to the date of immobilization of the equipment, excluding any damages whatsoever.
However, in the event of rental not exceeding one calendar week, the tenant will have the right to immediately terminate the contract as soon as the equipment has not been replaced within two working days (Saturday, Sunday and public holidays excluded) following the information given to the lessor.
9-3: Termination is subject to the return of the equipment.
9-4: Any repairs are made on the initiative of the lessor, or of the lessee with the authorization of the lessor.
However, if the repair is made necessary by the proven fault of the tenant, the latter cannot claim any of the rights granted to him.
recognized by this article.
Consequently, the rental continues in all its effects until the repair of the equipment.


ARTICLE 10 : RESPONSABILITES - ASSURANCES


10-1: towards third parties (civil liability)
10-1-1: The lessee undertakes to inform the lessor, within 48 hours, of any accident in connection with the equipment so that the latter can foresee the sequence of events.
The tenant remains responsible for the consequences of a delay or absence of declaration.
10-1-2: When it comes to equipment other than those defined in article 10-1-1, it is up to the tenant to cover himself with his insurer.
(civil liability) for any damage caused by the rental equipment. Consequently, the lessor can under no circumstances be held
liable to third parties for the material and/or immaterial consequences of a stoppage or breakdown of the rented equipment. The lessor declares, with all legal consequences, to transfer to the lessee the legal and material custody of the rented equipment during the term of the contract and subject to the
transport clauses (Article 6).
The tenant may not use the equipment for a use other than that for which it is normally intended, or infringe the safety rules laid down both by legislation and by the manufacturer of the rented equipment, or even under conditions different from those for which the rental was made.
10-2: with regard to rented equipment:
The lessee is responsible for the use of the rented equipment and for all damages suffered by this equipment.
It can cover this liability in three different ways:


ARTICLE 11 - EVENTS AND VISITS


● By accepting the cover offered by the lessor and set out in the special conditions.
● By covering itself with an insurance policy. In this case, he must inform the lessor, in writing, at the time of taking charge, of the
references of the contract signed by him, including in particular the commitment made by the insurance company, to pay the indemnity to the lessor.
● By remaining its own insurer, subject to the rental company's acceptance.
● In these last two cases, it is stipulated that the reference value of the insured equipment is the “catalog value as new”.
● However, the tenant cannot be held responsible for the harmful consequences of hidden defects in the rented equipment or non-apparent wear and tear rendering the equipment unsuitable for the use for which it is intended.
11-1: In all cases where the regulations in force require tests or an inspection of the rented equipment, the lessee is required to make the equipment available to the inspection body.
11-2: The cost of cyclical regulatory inspections remains the responsibility of the lessor.
11-3: In the event that a cyclical regulatory inspection reveals the inadequacy of the equipment, the latter has the same consequences as a failure
(confers article 9).
11-4: The time required to carry out the tests and/or inspections is an integral part of the duration of the rental within the limit of half a working day.

ARTICLE 12: PURCHASE OPTION 

12-1: With the purchase option, you can rent a product while having the possibility of buying it at a price fixed in advance during the rental period subscribed. The price to pay to become the owner of the equipment is set as follows: Amount of the second-hand product for sale on our website LowcostMobile.fr VAT included in the country of delivery (if you are located in the European Union or without VAT included outside the European Union) less the amount of the rent(s) already paid for the rental period subscribed. In such a case, we send an order confirmation allowing you to pay the final amount corresponding to the purchase option. As soon as we receive payment for this order, you become the owner of the product. The product warranty conditions are applicable in the same way as a sale under our general conditions of sale.

 

ARTICLE 13: RESTITUTION OF MATERIALS

13-1: At the end of the rental contract possibly extended by mutual agreement, the tenant is required to return the equipment in good condition, with its accessories and its original packaging, taking into account the inherent normal wear and tear duration of use, cleaned and, if necessary, performing a factory reset.
Failing this, the repair services will be invoiced to the tenant.
13-2: The equipment is returned, unless otherwise agreed by the parties, to the lessor's depot during the latter's opening hours.
13-3: An equipment take-back voucher is established by the lessor. It is indicated in particular:
- the day and time of return,
- the reservations deemed necessary, particularly concerning the condition of the equipment
rendered.
The take-back order puts an end to the legal custody of the equipment which was the responsibility of the tenant. When the return transport of the equipment is carried out under the responsibility of the lessor (art.6), legal custody ceases when the lessor takes possession of the equipment.
13-4: In the absence of an amicable agreement on the reservations, it is noted by registration on the voucher. It is then appealed to the arbitration of a personality
appointed by mutual agreement between the parties. If unable to name this person, the lessor is entitled to call on an expert appointed by the
judge in chambers or to a bailiff.
13-5: In the event of recovery of the equipment by the lessor, the lessee remains bound by all the obligations arising from the contract until the recovery of the equipment.
13-6: In the event of non-return of the equipment within 3 days from the end of the rental period, and after formal notice and deadline for return set in the electronic letter and/or paper notice remains, the missing part will be invoiced at its new value, according to the rate in force on the date of non-return.


ARTICLE 14: RENTAL PRICE


14-1: Regardless of the duration of use mentioned in article 5 paragraph
5-2, the price is generally fixed per unit of time to be recalled for each rental, any unit of time started being due, within the limit of one day.
The units of time usually used are:

- the working, business or calendar day

- the week

- the full month.

- the agreed period

14-2: Except for special provisions, the rent is acquired per period.
14-3: It may also be agreed to invoice operating costs and fixed costs, but this must be specified beforehand.
14-4: The costs of loading, transport, unloading and inspection of the equipment, both outward and return, as well as any costs of assembly and dismantling are the responsibility of the tenant. They are valued at a flat rate by the rental contract, or reimbursed at their actual cost according to the supporting documents to be produced by the lessor.
The lessee does not bear the additional transport that may result from a reshipment requested by the lessor to a place other than that of origin.
14-5: The possible provision to the lessee of technical personnel (fitter, for example) employed or not by the lessor is the responsibility of the
tenant. The price is fixed by the agreement of the parties, as well as the amount of travel expenses.
14-6: In the event that the condition of the equipment makes an expert assessment necessary, the costs thereof are the final responsibility of the party whose liability is declared engaged, after having been advanced by the plaintiff.
14-7: In the case of extension of the rental, at the end of the duration initially planned, the parties may renegotiate the price of the rental.


ARTICLE 15: PAYMENT


15-1: The conditions of payment for the rental are provided for in the specific conditions of each lessor. In the silence of the contract, payment is understood to be net cash and without discount.
In the event of staggered payment, non-payment of a single installment entails, on the expiry of a period of eight days from the sending of an email or a registered letter with acknowledgment of receipt serving as formal notice , the immediate recovery of the rented equipment, all return costs as defined in the previous articles remaining the responsibility of the tenant.
15-2: Penalty clause: In addition to the conventional default interest, eight days after the sending of an email or a formal notice, any claim that has become payable and remained unpaid at the end of the agreed due date, will be increased flat rate of €80 including tax or a percentage fixed in the special conditions.


ARTICLE 16: WEATHER CLAUSES


16-1: Bad weather clause not applicable.


ARTICLE 17: GUARANTEE PAYMENT


17-1: In guarantee of the obligations contracted by the tenant under the terms of the contract, the tenant, at the time of the conclusion of the contract, deposits a payment of
guarantee in the hands of the lessor, unless otherwise agreed in the special conditions.
17-2: Reimbursement of the payment will take place in the month following full payment of the rental and any other invoicing in question.
arising. Beyond this period, the payment will bear interest on the basis of the legal interest rate plus five points.


ARTICLE 18: TERMINATION


18-1: Fixed-term contract
18-1-1: due to the lessor
18-1-11: In the event of non-compliance with the clauses provided for in articles 2, 5-1, and 15 of these conditions, the fixed-term rental is terminated, if appropriate
seems to the lessor, to the wrongs and grievances of the tenant. This termination will take place at the end of a period of eight days from the sending of an email and/or a registered letter with acknowledgment of receipt serving as formal notice. In this case, the tenant must return the equipment or let it be taken back. The obligations resulting from article 13 remain fully applicable.
18-1-12: In the event of non-presentation or non-return of the equipment, at the end or during the contract, the lessor may summon the tenant before the judge in chambers of the place where the equipment is located in order to have the restitution ordered. immediate rental equipment.
In the event of early termination of the rental contract under this article, the lessor may claim payment of compensation equal to half of the remaining rent, with a maximum of two months counted after return of the equipment.
18-1-13: Concerning the rented equipment of a specific nature, the compensation due is fixed in the special conditions.
18-1-2: due to the tenant
18-1-21: In the event of termination of the rental contract, for any reason whatsoever, with the exception of article 9 of these conditions, the tenant accepts the revision of the rental scale initially applied according to the actual rental period. Failing this, the lessor will receive compensation equal to half of the remaining rent, with a maximum of two months.
18-1-22: Concerning the rented equipment of a specific nature, the compensation due is fixed in the special conditions.
18-2: Permanent contract
18-2-1: due to the lessor
18-2-11: In the event of non-compliance with the clauses provided for in articles 2, 5-1, and 15 of these conditions, the rental for an indefinite period may be terminated by the lessor, eight days after the sending to the lessee of an email and/or a registered letter with acknowledgment of receipt serving as formal notice.
In this case, the lessor may claim compensation equal to two months' rental, after returning the equipment.
18-2-2: due to the tenant - refer to article 4 hereof
conditions.


ARTICLE 19: EVICTION OF THE LESSOR


19-1: If the tenant introduces the rented equipment into a building of which he is a tenant, he must under certain conditions depending on the type of equipment, make the declaration by email or registered letter with acknowledgment of receipt to the owner of the building in him giving full details of the
equipment, on the identity of the lessor-owner and drawing his attention to the fact that the rented equipment cannot be used as pledge. The lessee must provide a copy of this letter to the lessor.
19-2: The lessee is prohibited from assigning, pledging or pledging, subletting, lending the rented equipment or disposing of it in any way whatsoever, without the prior written consent of the lessor.
19-3: If a third party attempts to assert rights over said material, in the form of a claim, opposition or seizure, the lessee is required to immediately inform the lessor.
19-4: Neither the ownership plates affixed to the rented equipment, nor the inscriptions on it must be removed or modified by the
tenant. The latter may not add any inscription or mark on the equipment without the authorization of the lessor.


ARTICLE 20: OPERATING LOSSES


For whatever reason, operating losses, direct and/or indirect, are never covered by the lessor.


ARTICLE 21 : ARBITRAGE


If a dispute arises between the lessor and his lessee either during or at the end of the contract, concerning the execution of these rental conditions and/or the particular contract they have concluded, it may be submitted to arbitration by a personality who will have full powers to settle the dispute, including the powers of an amicable composer and who will be appointed by mutual agreement between the parties.


ARTICLE 22: ATTRIBUTION OF JURISDICTION


The attribution of jurisdiction must be fixed in the special conditions.