These Equipment Rental Terms (hereinafter referred to as: ERT) define the rules on which WCTRON Sp. z o.o. based in Wrocław, Wyb. Juliusza Słowackiego 9, 50-406 Wrocław, entered into the National Court Register under number 0000788860, tax identification number NIP 8992863500, National Business Registry Number REGON 383498629, share capital of PLN 5,000 (hereinafter referred to as: the Lessor), provides the rental service of the Equipment it offers (hereinafter referred to as: Equipment) for the Lessee.
1.
The Lessee is obliged to place an order (hereinafter referred to as: the Order) only on the form provided by the Lessor and send it in writing or by e-mail to the Lessor’s address. Each Order and Terms of Rental of Equipment should be signed personally by the Lessee, i.e. the person authorized to incur obligations on behalf of the Lessee.
2.
The place of provision of the Equipment rental service is the location indicated by the Lessee in the Order. The Lessee undertakes to indicate a place for the provision of the rental service that is safe for the Equipment.
3.
The transport fee of the ordered Equipment is covered by the Lessee, except for sanitary cabins and washbasins, for which the Lessor covers the transport fee.
4.
The rent indicated in the Order of the event and for a definite period of no more than 30 (thirty) days covers the entire period of service provision and for this period an invoice is issued, the payment term of which is 14 (fourteen) days.
5.
The rent indicated in the Order for an indefinite period or for a definite period longer than 30 (thirty) days covers the monthly period of service provision indicated in the Order, with the following reservations:
5.1
The rental fee for the service provision covers a calendar month, while – in the first and last month, the fees are calculated in proportion to the number of days of rental of Equipment and the number of services performed (the monthly fee is divided into the number of days in a month, which is the fee for one day of rental).
5.2
In the case of termination of the rent before the end of the first month, i.e. 30 (thirty) days of the service provision, the rent will be charged regardless of the duration of the Agreement per month, i.e. for the monthly period of providing the Equipment rental services.
5.3
Each invoice covers a period of a calendar month, the payment term of which is 14 (fourteen) days from the date of delivery of the VAT invoice to the Lessee.
5.4
The last rental fee for the rental of the Equipment will be charged after the service is completed and the Equipment is collected from the Lessee, on the basis of a VAT invoice issued by the Lessor, the payment term of which is 14 (fourteen) days from the date of delivery of the VAT invoice.
6.
The Lessee agrees to receive an electronic invoice and to issue VAT invoices without their signature, unless they expressly indicate otherwise in the Order. The Lessee is obliged to make payments in the form of a transfer to the Lessor’s bank account indicated on the VAT invoice.
7.
In the case of a delay in paying the rent, the Lessor is entitled to charge the Lessee with late interest or delay interest in commercial transactions (in the case of Lessees who are entrepreneurs). The Lessee also undertakes to reimburse the Lessor for all costs incurred in connection with the execution of this Agreement by the Lessee, in particular the costs of sending requests for payment, compensation for the recovery costs (in the case of Lessees who are entrepreneurs).
8.
The Lessee undertakes to use the Equipment in accordance with their intended purpose. The Lessee has no right to make any technical or aesthetic changes to the Equipment, including the possibility of modifying the Equipment, removing changes or changing the location of the Equipment on their own.
9.
The Lessor shall not be liable for improper operation of the Equipment caused by improper use, breakdowns and damage, placing an Order by the Lessee for an insufficient number of services, the inability to perform services by the Lessor for reasons beyond their control, unfavourable weather conditions and other reasons beyond the Lessor’s control.
10.
The Lessee is not authorized to sublet, lease or make the Equipment available on any other basis to third parties.
11.
The Lessee is obliged to check the condition of the Equipment upon delivery. Any reservations as to the condition of the Equipment should be submitted in writing upon delivery of the Equipment and confirmed with the signature of the Lessor’s representative.
12.
Changes to the submitted Order are possible only in the form of a need in writing or by e-mail and only after the Lessor has accepted the possibility of making a change.
13.
In the event of the Lessee withdrawing from the Order on the day of the order, the Lessee will be charged with the costs of the Order – in particular the costs of transporting the Equipment, working time of the Lessor’s representatives. If the order is cancelled within less than 5 (five) days before the date of completion, the Lessee is obliged to pay the amount equal to 50% of the total cost of the service indicated in the Order.
14.
The Lessee is obliged to prepare the area for the installation of the ordered Equipment and to provide access for a truck with a one-wheel drive in order to deliver, service and collect the ordered Equipment. Failure to comply with these obligations does not release the Lessee from the payment for the transport of the Equipment, the working time of the Lessor’s representatives and the ordered Service of the Equipment.
15.
When ordering an event, the Lessee has the option of using the Equipment maintenance service for an additional fee indicated in the Order. The equipment rental order for a definite or indefinite period of time includes the service in accordance with the guidelines indicated in the Order.
16.
The Lessee is obliged to take care of the Equipment and bears full financial responsibility for the Equipment during its rental, in particular for: theft, burning, destruction of the Equipment resulting from improper use or application, random events and possible damage caused by the Equipment.
17.
The Lessee, when placing an Order for the rent of specific Equipment, i.e. cabins or washbasins for a definite period longer than 14 (fourteen) days or an indefinite period, has the option of using the additional service “Assumption of liability by the Lessor” (hereinafter referred to as such), including the assumption of liability by the Lessor for damages resulting solely from the theft or burning of this Equipment.
18.
If the Lessee uses the “Assumption of liability by the Lessor”, the Lessee undertakes to pay the fee for this indicated in the Order, and in case the event occurs, they are obliged to take immediate action to minimize losses and inform the Lessor about the incident and report the theft or burning to law enforcement authorities, and the Lessor undertakes to take responsibility for any damage resulting from the theft or burning of the Equipment (the assumption of liability applies only to cabins or washbasins).
19.
The final verification of the technical condition of the Equipment will take place at the Lessor’s base no later than 7 (seven) days from the date of receipt of the Equipment.
20.
In case the Lessor finds that the returned Equipment is damaged or that the Lessee has made any changes to the Equipment, the Lessee will be charged with the costs of their repair, and – if repairing the Equipment is impossible – the Lessee will be obliged to pay the value of the new Equipment.
21.
The rental agreement may only be terminated in writing or by e-mail with a one-week notice period. The option to terminate the rental of Equipment applies only to the rental of Equipment for a definite or indefinite period (not applicable to Event Orders).
22.
Irregularities arising during the provision of the Equipment rental service should be reported in writing or in the form of an e-mail by the Lessee to the Lessor immediately after their occurrence, no later than 7 (seven) days from the delivery of the VAT invoice for the service, but no later than 30 (thirty) days from the date of performance of the service under the pain of recognizing the service as performed correctly.
23.
The Lessor has the right to immediately terminate the rental agreement with the Lessee, which will result in the collection of the Equipment in the event of a delay in the payment of service fees longer than 14 (fourteen) days and in the event that the Lessee fails to comply with points 8 or 10 of the ERT.
24.
The Lessee who is a consumer placing an Electronic Order has the right to withdraw in writing from the agreement concluded under the Order without giving any reason within 14 (fourteen) days from the date of conclusion of the agreement, i.e. placing the Order. In the event of an effective withdrawal from the Equipment rental agreement referred to in the preceding sentence, the Lessee will be obliged to cover the Equipment rental fee, calculated in proportion to the duration of the rental, the number of services provided for the Equipment.
25.
All disputes arising from the order and its implementation will be settled by the Court competent for the Lessor’s seat.
26.
In matters not covered by these ERT, generally applicable provisions of Polish law shall apply.
27.
In the event of a conflict between the ERT and the general terms or agreement templates used by the Lessee, the provisions of the ERT shall prevail.
28.
The tenant has read and accepts the condition and the ERT.
