Rental terms

Standard rental terms for renting machinery, equipment etc. from Lillehammer Liftutleie AS. These terms apply to all rentals. If other terms are to apply, they must be agreed in writing and attached as an appendix.

1. Purpose

This agreement governs the terms for renting machinery, equipment etc. from Lillehammer Liftutleie. If terms other than those set out in this agreement are to apply, they must, in order to be valid, be recorded in writing and attached as an appendix to this agreement.

2. Calculation of rent

The rental period runs from and including the day the rented equipment is dispatched by Lillehammer Liftutleie, or from the time agreed for collection. The rental period runs up to and including the day the equipment is returned to the depot. Unless otherwise agreed, the item shall be returned to the depot from which it was issued.

3. What the rent includes

The following services are included in the rent:

• Provision of the capital and investment risk that the equipment represents.
• Preventive maintenance and safety inspections.
• Repairs resulting from normal wear and tear.

The lessee covers the costs of fuel, topping up engine oil and antifreeze, punctures, transport costs from the place of delivery to the place of return, cleaning of the equipment before return, any pre-agreed preventive maintenance and repair of damage, as well as insurance. See section 9.

4. Invoicing – payment terms

Rent is invoiced in accordance with the price list applicable at any given time. The rent is based on single-shift use of the equipment, or in accordance with the applicable agreement. Monthly agreements may be invoiced in advance each month, while daily rental is invoiced in arrears. In the event of late payment, interest on late payments is charged at the rate applicable at any given time as laid down by Norwegian law. Invoices are due for payment 15 days from the invoice date unless otherwise agreed in writing. Complaints about an invoice must be made within 5 days of the invoice date.

5. Handover and return

Risk and liability for the equipment rest with the lessee from the time it leaves Lillehammer Liftutleie's depot until it has been returned there. Lillehammer Liftutleie may, however, designate another place of return, provided this does not cause the lessee additional costs.

Lillehammer Liftutleie is obliged to hand over the equipment clean and in full working order, and is responsible for ensuring that, on handover, the equipment is designed, equipped and maintained in accordance with the regulations applicable at any given time to the equipment in question.

Equipment that has been ordered must be collected at the agreed time. Otherwise, Lillehammer Liftutleie will charge rent from and including the agreed collection day until the agreement has been cancelled. If the equipment delivered differs from what was agreed, the lessee shall immediately notify Lillehammer Liftutleie, which may in turn redeliver or make another correction. Once 2 working days have passed without the lessee having notified Lillehammer Liftutleie of faults and/or defects, the rented item is deemed to have been free of defects on handover.

The lessee is responsible for returning the equipment in full working order and in clean condition, free from damage. Defects in the equipment on return will be rectified by Lillehammer Liftutleie at the lessee's expense. If the rented item has not been sufficiently cleaned, a cleaning fee will be charged.

6. Deadline for complaints

If the lessee has not notified the lessor of defects in the equipment within 2 working days of taking over the equipment, the lessee is deemed to have accepted that the delivery is in accordance with the agreement. The lessor is not liable for damages for delays caused by force majeure (i.e. circumstances beyond the control of the lessor/carrier).

7. Subletting

The lessee may not sublet or transfer its rights under this agreement to others, or make any legal dispositions (assignment, pledging or the like) over the equipment.

8. Supervision and use of the equipment

The rented item shall be used exclusively for the tasks and under the working conditions for which it is intended. The lessee is obliged to ensure that, during the rental period, the equipment is used only by personnel who have received training in its use and therefore have the necessary skills to handle the equipment correctly and avoid exposing themselves or others to injury. It is the lessee's responsibility to familiarise themselves with the guidelines for use of the equipment and to follow the user instructions or safety regulations that apply to its use. The stated capacity of the equipment must not be exceeded.

The lessee is further obliged to ensure that the equipment is protected against unauthorised persons and unnecessary external impact. The prices stated in the price list assume use in a clean and non-corrosive environment. Use for sandblasting and spray painting is not permitted.

Use for work that exposes the equipment to particular environmental stresses must be agreed in advance, so that special preventive measures can be taken. Prices for such protection will be provided on request.

To prevent unnecessary downtime/repairs or dangerous situations arising because the equipment has broken down, the lessee shall inspect it daily and, if necessary, top up oil, antifreeze, battery water, etc. Instructions on inspection and maintenance may be given in writing. If the equipment is not working satisfactorily, it shall be taken out of use immediately, and Lillehammer Liftutleie shall be notified immediately so that the fault can be rectified. When preventive maintenance is necessary, Lillehammer Liftutleie will contact the lessee in advance so that a suitable time for this work can be agreed.

The lessee must not make changes or modifications to the equipment without prior approval from Lillehammer Liftutleie. Lillehammer Liftutleie has the right to inspect the equipment at any time, and shall be kept informed by the lessee of where it is being used during the rental period.

9. Insurance – scope of cover

During the rental period, the rented item is insured through Lillehammer Liftutleie, with the lessee being charged an insurance premium. The insurance applies to rental equipment located in Norway. The insurance covers sudden and unforeseen damage in accordance with the terms for fire, machinery, goods in transit (all risks) and erection insurance. The insurance is extended to cover damage from theft. The following safety regulations apply to the extension:

1. Mini excavators, loaders and similar equipment with their own drive engine shall be locked with the ignition lock (remove the key), and where possible the operator's cab shall be locked.
2. Machines with a trailer drawbar shall be locked with a dedicated hitch lock.
3. Other machinery and equipment shall be locked inside a steel container or chained with a padlock and chain so that the lock must be broken for the machines to be removed. This also applies to points 1 and 2 if their own safety regulations cannot be complied with. The locks shall at least meet class 2, corresponding to the insurance companies' security requirements for burglary protection on building sites (B2).

For damage covered by the insurance, the lessee must pay an excess. The excess is NOK 15,000. The exception is equipment with a purchase price under NOK 15,000, where the excess is NOK 5,000. The insurance premium is charged to the lessee at 7% of the gross rental price.

10. Limitation of liability

The lessee is liable for all damage and loss, including personal injury, property damage and financial loss, as well as consequential damage, loss of use and indirect loss inflicted on the lessee, its employees, the user of the equipment or third parties in connection with the transport, placement or use of the rented item (including any operational disruptions). Lillehammer Liftutleie cannot be held liable for such damage unless Lillehammer Liftutleie's personnel caused the damage intentionally, or the company as such acted with gross negligence. Lillehammer Liftutleie is under no circumstances liable for indirect loss. Lillehammer Liftutleie does not warrant that the equipment in question meets the lessee's needs.

11. Termination – cancellation – breach

Rentals without a pre-agreed rental period may be terminated by the lessee with one working day's notice. Rentals with a pre-agreed rental period/price run for the agreed period, unless special termination terms have been agreed. If the lessee breaches its obligations, including failing to pay rent and/or any supplements on time, or if the equipment is not treated by the lessee with reasonable care, Lillehammer Liftutleie may terminate the agreement with immediate effect and demand that the equipment be returned. In addition, Lillehammer Liftutleie may claim damages in accordance with Norwegian law. The lessee may terminate the agreement if Lillehammer Liftutleie does not carry out maintenance and repairs satisfactorily.

12. Disputes

Any dispute under this agreement shall first be sought resolved through negotiation. The lessee may not withhold more than the disputed amount. If negotiations do not succeed, the dispute shall be resolved in accordance with the provisions on arbitration in chapter 32 of the Civil Procedure Act (tvistemålsloven), unless the parties agree otherwise. In the event of any legal dispute concerning this agreement, the parties accept Lillehammer as the agreed venue, cf. section 4-6 of the Dispute Act (tvisteloven).