Terms and conditions for rental agreements

1. Introductory provisions

1.1. These terms and conditions (hereinafter the “Terms”) of CONTAINER SERVICES s.r.o., with its registered office at Štefánikova 723/13, 990 01 Veľký Krtíš, Company ID (IČO): 36 621 919, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, File No.: 8764/S (hereinafter the “Lessor”), for rental agreements govern the relations between the Lessor and the Lessee in connection with the conclusion of an agreement (hereinafter the “Agreement”), part of the content of which is determined by reference to these Terms, or in connection with the exercise of rights and the performance of obligations arising from the Agreement.

1.2. These Terms are issued in accordance with Section 273 of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter the “Commercial Code”), and form an integral part of the Agreement unless the Agreement provides otherwise.

1.3. The Lessor is entitled to issue special terms and conditions (hereinafter the “Special Terms”) to regulate specific relations between the Lessor and the Lessee. In the event of a conflict between the provisions of the Agreement, the Special Terms and these Terms, the provisions of the documents shall prevail in the order stated in this sentence.

1.4. Terms written in these Terms with an initial capital letter have the meaning given to them in the Agreement or in other documents that refer to these Terms, unless these Terms provide otherwise.

1.5. For the purposes of these Terms, the Agreement is deemed to have been concluded on the day on which the written copy of the Agreement is signed by the contracting parties.

1.6. The Agreement is signed on behalf of the Lessee by: (i) a person authorised to act in contractual matters, who is responsible for the content and form of the Agreement, and/or (ii) the members of the statutory body or a person authorised by the statutory body, who act in the name and on behalf of the Lessee and whose acts are binding on the Lessee vis-à-vis third parties.

2. Subject of the Agreement

2.1. The subject of the Agreement is the Lessor’s obligation to provide the Lessee with the item specified in the Agreement, i.e. a construction machine or a container (hereinafter the “Leased Item”), for temporary use, and the Lessee’s obligation to pay the Lessor the rent.

3. Rental Period

3.1. The rental relationship begins when the Leased Item is collected, loaded onto the railway, handed over to the carrier or made ready on the agreed date stated in the Agreement.

4. Rent

4.1. On the basis of an agreement between the contracting parties, the amount of the monthly rent is set out in the Agreement.

4.2. The rent is payable in advance for the entire Rental Period or, if the contracting parties so agree, in advance for each calendar month, on the basis of an invoice issued by the Lessor, within 7 calendar days of the day on which the Lessee receives the invoice. The rent is deemed to have been paid on the day on which it is credited to the Lessor’s account.

4.3. The rent does not include the costs of delivering the Leased Item to and from the Place of Handover of the Leased Item.

4.4. The rent payable in advance or without delay, including VAT, applies to operation of the Leased Item for a maximum of 8 hours per working day (this does not apply to containers). The rent must be paid even if the Leased Item has not been used.

4.5. If the Lessee is in default with payment of the rent or any part of it, the Lessor is entitled to claim default interest on the unpaid amount at a rate of 0.1% for each day of default until payment in full.

5. Takeover, return and complaints

5.1. The Lessor is obliged to put the Leased Item into a clean and operational condition for handover or dispatch.

5.2. Before the Leased Item is taken over for use, or when the Leased Item is returned to the Lessor, the contracting parties undertake to draw up a report on the condition of the Leased Item and to have it signed by both contracting parties. Any defects and damage to the Leased Item shall be recorded in the report. If the report is not completed, the Leased Item is deemed to have been delivered in accordance with the Agreement, or returned, without visible damage. Hidden defects must be reported no later than 14 days (inclusive) from the day of takeover for use or of return to the Lessor. The handing-over contracting party is not liable for hidden defects reported later.

5.3. If, on return to the Lessor, the Leased Item is in a condition that does not correspond to the agreed purpose of use, the Rental Period is extended by the time necessary to obtain spare parts and to repair the Leased Item. The estimated costs of obtaining the spare parts and of the repair will be communicated to the Lessee before the repair work begins.

6. Transport and obligations of the Lessee

6.1. The Lessee undertakes to use the Leased Item only at the place of destination, within the agreed operating time (single-shift operation of 8 hours per working day; this does not apply to containers), in normal operation, in compliance with all instructions and rules for the operation and maintenance of the Leased Item, and only through employees trained for this purpose. The operating instructions and the rules for the operation and maintenance of the Leased Item are published on the Lessor’s website www.containers.sk

6.2. Use of the Leased Item beyond the operating time of 8 hours per working day is only possible with the prior written consent of the Lessor and if the corresponding increased rent has been paid (this does not apply to containers).

6.3. The Lessor is entitled to inspect the Leased Item at any time, or to have it inspected, and the Lessee is obliged to provide the necessary cooperation for this purpose.

6.4. The Lessee may sublet the Leased Item, or let a third party use it for consideration or free of charge, only with the prior written consent of the Lessor.

6.5. The Lessee may make changes to the Leased Item only with the written consent of the Lessor. The Lessee may claim reimbursement of the related costs only if the Lessor has undertaken to reimburse them. If the Lessee makes changes to the Leased Item without the Lessor’s consent, the Lessee is obliged to restore the Leased Item to its original condition at its own expense after the end of the lease.

6.6. During the lease, the Lessee undertakes to carry out routine maintenance and repairs of the Leased Item at its own expense. The Lessee is obliged to notify the Lessor without undue delay of the need for repairs to the Leased Item beyond the scope of routine maintenance, and may carry out such repairs only with the Lessor’s consent. The Lessee is obliged to ensure that no damage is caused to the Leased Item. The Lessee is obliged to report any damage to, loss of or destruction of the Leased Item or any part of it to the Lessor without undue delay. The Lessee is obliged to compensate the Lessor for consequential damage to the Leased Item resulting from neglected maintenance of the Leased Item.

6.7. The Lessee is liable for damage to, loss of or destruction of the Leased Item or any part of it, in accordance with the relevant provisions of the legal order of the Slovak Republic on liability for damage, as amended, from the day of takeover of the Leased Item until the day the Leased Item is returned to the Lessor.

6.8. Unless otherwise agreed in writing, the Lessee undertakes to take out insurance covering compensation for damage caused by the operation and use of the Leased Item during the Rental Period. On request, the Lessee is obliged to prove to the Lessor that such insurance exists. The Lessor is entitled to take out insurance at the Lessee’s expense if the Lessee fails to provide the Lessor with proof of insurance.

7. Termination of the Agreement

7.1. The rental relationship ends:

• on expiry of the Rental Period for which the Agreement was concluded,
• by written agreement of the contracting parties,
• on the dissolution of either contracting party without a legal successor,
• by written withdrawal from the Agreement.

7.2. Either contracting party is entitled to withdraw from the Agreement (as a whole) in the event of a breach of its provisions if the breach is not remedied even within an additional reasonable period granted by the other contracting party to remedy it. Withdrawal from the Agreement takes legal effect on the day on which the notice of withdrawal from the Agreement is delivered to the other contracting party. Each party retains the performance that the parties provided to each other up to the moment the Agreement terminated, unless the contracting parties agree otherwise.

7.3. After the end of the lease, the Lessee is obliged to return the Leased Item to the Lessor at the address of its premises stated in the Agreement or in another manner agreed by the contracting parties. If, after the end of the lease, the Lessee does not return the Leased Item to the Lessor within 5 working days of the day on which the lease ended, the Lessor is entitled to collect the Leased Item at the Lessee’s expense, and the Lessee is obliged to provide the Lessor with the necessary cooperation.

8. Final provisions

8.1. The contracting parties will attempt to resolve any disputes, disagreements or claims arising from, or in connection with, the contractual relationship established by this Agreement between the contracting parties through mutual negotiation and agreement. If a dispute between the contracting parties cannot be settled amicably within fifteen (15) days of the day on which one contracting party notified the other contracting party of the existence of the dispute, either contracting party has the right to ask the competent court to resolve the dispute finally.

8.2. If any provision of the Agreement is or becomes invalid, ineffective and/or unenforceable, this does not affect the validity, effectiveness and/or enforceability of the other provisions of the Agreement, unless the very nature of such a provision precludes this under generally binding legal regulations. The contracting parties undertake, without undue delay after discovering that any provision of the Agreement is invalid, ineffective and/or unenforceable, to replace the affected provision with a new provision whose content corresponds as closely as possible to the intention of the contracting parties at the time the Agreement was concluded.

8.3. All notices between the contracting parties that relate to the Agreement, or that are to be given on the basis of the Agreement, must be made in writing and delivered to the other contracting party in person, by registered letter or by another form of registered postal service, to the address of the other contracting party stated in the heading of the Agreement.

8.4. All documents are deemed to have been delivered even if a consignment sent by post by a contracting party to the registered office or place of business of the other contracting party, or to the address stated in the heading of the Agreement, is not collected; the third day after the document was sent by the contracting party is deemed to be the day of delivery.

For the warranty on purchased machines, see our warranty terms.