Terms and Conditions
1. General conditions
(S)he who requests services will in the following be referred to as “Lessee” and (s)he who represents the requested services is henceforward referred to as “Lessor.”
The following rental terms apply to all agreements for rentals and services provided by the lessor. Furthermore, the lessor´s most recent pricelist applies always. The documents apply in the below order. Deviations are only valid for the individual task if they have been approved in writing by the management or by the operations manager at Nordjysk Lift.
The terms and conditions at www.nordjysklift.dk proceed every other printed version as updates always happen on the website first.
2. Lessor´s services and the settlement thereof
Lessor´s services may include:
- Good(s), usage, repairs and replacements
- Rental of equipment
- Operations of equipment
- instructions of operations of equipment
- Transportation between lessor´s and lessee´s addresses
- Assembly, reassembly and dis-assembly
- Oil surcharge (adjusted accordingly to the market price of oil)
- Fee regarding charging electric equipment
- Preparation fee
Any insurance (cf. item four), if needed, will be calculated separately for equipment and labor according to the lessor´s latest price list.
3. Lessee’s obligations
The lessee is responsible for ensuring that the equipment and auxiliary equipment can be transported to the workplace via sustainable roads and that it is placed on sustainable ground. All services, such as barriers, driving paths/plates etc., various and needed notifications to obtain permits from authorities, supervision, and inspections, are carried out by the lessee at their expense. Waiting time due to deficiencies in this regard will be billed to the lessee. Lessee must not directly or indirectly contribute to the rented equipment being used beyond the prescribed performances and purpose. The lessee and/or their employees are responsible for ensuring that work operations are carried out in such a way that all provisions of the Working Environment Act (Arbejdsmiljøloven) at all times are complied with. (In such case cf. item A specially for equipment without operations)
4. Liability and Insurance
Liability:
Lesse is solely liable towards themselves and their own employees, third parties, and the lessor with regard to damages not caused by faults or deficiencies on the lessor´s part. This applies, for example, to damages to property, individuals, and equipment resulting from incorrect weight indications or inaccurate information about the bearing capacity of the soil/surface, incorrect or incomplete descriptions of conditions and the workplace, or similar circumstances under which the equipment is used.
Lessee bears the risk of damages to access roads, surface coverings, underground facilities, installations, etc., at the workplace, unless lessee has provided access and positioning options at the workplace that would not result in such damage. Lessor does not assume the risk of any kind of operational loss of profit, other direct or indirect losses, or consequential damages. This applies, for example, to equipment damage, work stoppages, delays, consequences of war, fire, strikes of any kind, lockouts, government interventions or public orders, precipitation, low temperatures, wind, or other weather conditions. Crew wagons, restroom carriages, as well as carriages for personal use, must be securely fastened during transport or placement. Failure to do so will result in liability on the lessee´s part for a deductible of DKK 100,000.
If transportation is not carried out by Nordjysk Lift, there is no liability nor comprehensive coverage for the transportation.
Insurance:
Lessor has taken out comprehensive insurance as well as motor liability insurance, with covers damage to equipment and crew wagons listed in the lessor´s catalog. The insurances are taken out with a deductible, which must always be paid by the lessee. The deductible is determined based on the equipment´s value at new at the time of the damage. The lessee bears all the risk for damages that are not covered by the subscribed comprehensive insurance. The lessee always pays for insurance – currently 6,5% plus an environmental fee of 3,5% – of the gross price. Lessee must ensure that machines/equipment are properly locked, and smaller machines valued at 0-75,000 DKK must be securely locked indoors. If this is neglected, lessee is liable for the full compensation amount. Lessor has taken out motor liability insurance that covers according to the rules of the Road Traffic Act (Færdelsloven). If damages exceed the compensation amounts specified in the Road Traffic Act, lessee is liable for the amount by which the sums are exceeded. If lessee/user has acted negligently, the insurance company or Nordjysk Lift may demand payment of the compensation from lessee (subrogation). Coverage is only valid in Denmark. Coverage in other countries can be offered but only after written agreement with and signatured by at least one member of the management at Nordjysk Lift. The insurance only covers in case of timely payment. The insurance does not cover in case of grossly negligent use or intentional misconduct, as well as in case of illegal use of the equipment. The insurance does not cover for cases where cooking stoves are forgotten on trailers with the handbrake pulled and without turning off the stove.
The coverage amount for lifting coverage is DKK 3 (three) million per lift/damage, with a deductible of DKK 50,000
Deductible for liability and/or comprehensive damage:
Current value at the time of damage Deductible
DKK 0 – 10.000 DKK 5.000
DKK 10.001 – 100.000 DKK 15.000
DKK 100.001 – 200.000 DKK 25.000
DKK 200.001 – 500.000 DKK 35.000
DKK 500.001 – 800.000 DKK 75.000
Above DKK 800.001 DKK 100.000
5. Offers and prices
All price information, estimates, offers, and orders are exclusive of fees for the charging of electric machinery, taxes, insurance, and environmental surcharge. Rental rates are specified in the currently applicable rental price list. Rental rates on www.nordjysklift.dk take precedence over any printed catalog prices, etc., as updates always occur on the website first. For any offer, estimate, or price information provided by the lessor, these “General Terms and Condition for the Rental of Lifts, etc.” apply. Any offer, estimate, or price information is valid for a maximum of three weeks and is always subject to intermediate rental. Costs for fuel, cleaning, blades, diamond consumption, sharpening, sandpaper, and other consumables as well as transportation are noted separately for the lessee. The lessor reserves the right to add fees for applying for road access and permission for setup. In the case of monthly rentals, 30 days are calculated, but invoices are based on actual days per month.
In case of non-appearance, internal transportation of the ordered equipment, half a days rent, and preparation after the elapsed time will be invoiced to the lessee.
6. Billing and Payment
The lessor invoices on the 15th of each month and at the end of the month for all ongoing and unfinished lease agreements. The lessor also issues a final invoice upon the termination of the lease. The standard payment terms for the lessor are 8 (eight) bank days, and any deviation from this can only be made by agreement with the accounting department. Invoice discounts are conditional on the invoice being paid by the due date. In case of overdue payment and in the event of the lessee´s default/insolvency, the lessor is entitled to receive the full gross amount. If payment for a delivery is not made in a timely manner, the lessor, without incurring any liability, is entitled to withhold all further deliveries to the lessee, regardless of whether the deliveries are related. Discounts of any kind are granted on the condition of timely payment. If the payment terms are breached, the lessor reserves the right to retrieve the equipment at the workplace or wherever it may be located, and all associated costs shall be borne by the lessee. In case of payment later than the last due payment date as per the invoice, interest will accrue at a rate of 2% per commenced month until payment is made. Charging interest does not mean that the due date Is thereby extended. The lessor may require advance payment of rent and the provision of a security deposit or other security for payment of the service. When sending invoices by mail, an invoice fee will be added. All orders with a value below DKK 200 excluding VAT will incur a minimum fee equal to the difference.
7. Duration of lease, termination, and control of leased property
If the obligations stated in these rental terms are not met by the lessee, the lessor, without notice, has the right to:
- Terminate the lease
- Cancel the rental agreements for later execution
- Release and retrieve the equipment the lessee´s expense, which is also the case in the event of the lessee´s bankruptcy or default. In these mentioned circumstances, the lessor may, at their own discretion, take possession of the leased property at the workplace or wherever it may be located, and all associated expenses (including transportation) shall be paid by the lessee. The lessor has the right to terminate the lease with four weeks’ notice, unless otherwise stated in the rental agreement. The lessee cannot expect to rent the equipment beyond the agreed-upon period.
- Specifically for equipment without operation:
The lease begins on the day the rented equipment is made available to the lessee. The lease ends on the day the lessee notifies or returns the rented equipment to the lessor. Notification on the rented equipment can only be made by direct communication with the lessor during regular business hours (see business hours at www.nordjysklift.dk if applicable). After the lessee´s notifications, the lessor has the right to re-rent the rented equipment. The rental period is typically calculated as the number of weekdays within the rental period. If the rented equipment is used Saturdays/Sundays, these are counted as rental days. Dehumidifiers, pumps, crew wagons, lights, heaters, scaffolding, sewer plugs, signal systems, signs, marking, generators, containers, electrical panels, sheds are always calculated by calendar day. The rent is based on a maximum of seven hours per workday. Unless otherwise agreed, rental days are Monday to Friday. The lessor is entitled to the agreed-upon rent, whether the rented equipment is used or not. The lessee bears the risk and liability for the equipment until it is collected at the place of use or at another location indicated by the lessee, however, a maximum of three weekdays after notification.
It is the lessee’s responsibility to document the notification time. Any waiting time will be charged to the lessee.
The lessee or a representative thereof must be present at the delivery/rental address upon the arrival of the equipment so that any instructions can be provided. The lessee must not use the equipment until the lessor has declared the equipment ready for use. The equipment may only be used for the purpose(s) and load specified in the order of the confirmation/user manual. The lessee must not modify or alter the equipment provided by the lessor, including removing or relocating fixtures, brackets, etc.
The lessee I obligated to ensure and is responsible for:
- the proper use of the rented equipment
- submitting notifications to authorities and inspections
- obtaining all necessary permits
- operating the equipment only with qualified personnel
- adhering to operation and load regulations
- preventing any form of misuse of the equipment
During the rental period, the lessee is obligated to perform safety checks an operational maintenance of the equipment, such as checking the fluid levels in batteries, charging batteries, lubrication, etc., and keeping the equipment clean. Only the lubricants prescribed by the lessor may be used. The lessee is responsible for any damage to the rented equipment during the rental period. Repairs to the lessor´s equipment may only be carried out by the lessor, or a repairman designated by the lessor. Upon return, the lessee is obligated to deliver the rented equipment in the same condition (including cleaning of removal of contaminants) as it was received, except for normal wear and tear. Any cleaning, repairs, and rental for the time required for these purposes shall be at the lessee´s expense. The lessor´s personnel must have unrestricted access at all times to insect the rented equipment.
Any missing or damaged parts, tools, and control handles, support plates, electrical cables, keys, etc., shall be replaced by the lessee, ad rental fees shall continue until replacement equipment is provided. Rental, lending, or any other transfer to third parties relocation of the equipment to a different worksite shat not occur without the lessor´s written approval, and the equipment must remain within the country´s borders, In specific cases, the lessee may transport the rented equipment to another country, but only after a written agreement with and the signature of at least one member of the management or the operations manager at Nordjysk Lift.
The equipment in this lease agreement my be leased through a leasing company or through a company affiliated with the Nordjysk Lift group, which therefore owns the respective equipment. The lessee acknowledges the leasing agreement entered between Nordjysk Lift and the leasing company and/or the affiliated company. In the event the agreement between Nordjysk Lift and the leasing company and/or the affiliated company should terminate, the lessee agrees, upon written notice from the leasing company and/or the affiliated company, to continue paying the portion of the rental amount that does not cover the service on the leased equipment, with a full release to the leasing company and/or affiliated company. The lessee is not entitled to compensation for any loss arising from the termination of the agreement between Nordjysk Lift and the leasing company and/or the affiliated company. Neither the leasing company nor the affiliated company is responsible for service, defects, delays, etc., regarding the equipment in the lease agreement.
8. Venue for the resolution of disputes
For rental agreements with the lessor, Danish law is applicable. Any disputes between the lessor and the lessee arising from rental agreements and which cannot be resolved amicably shall be settled by the Hjørring Court as the first instance.
We reserve the right to typographical errors and price changes. All prices are excluding VAT, environmental fees, and isurance