PLATFORM.AS TERMS AND CONDITIONS 2021-4

Measurement and advice

By agreement, we are happy to measure tasks completely without obligation. The aim is to find the most economical and practical solution for both parties.

It can be advantageous to use the advisory service, also in the bidding phase, as it can be of great importance if there are tasks in a project that require special setups and relocations.

Ordering

The renter can obtain offers from Platform.as by phone or email. Platform.as then confirms by sending an offer via email. The offer is accepted via a link in the email. After credit insurance of the customer, the offer is put into order.

Damages and deficiencies

Platform.as commits to, within 5 working days from the receipt of the machine at the warehouse, to assess the machines for any deficiencies and damages and send photo documentation. The renter then has 3 working days to object before Platform.as can invoice for these.

1. General

1.1. In addition to what appears from the following rental conditions, the renter and Platform.as commit to loyally and to the best of their ability to contribute to a positive and appropriate rental period.

1.2. The current rental conditions are effective from 01.01.2021 and replace Platform.as’s previous rental conditions, even if there may have been references to these in collaboration agreements, etc.

1.3. In case of discrepancy between the current rental conditions and the renter’s standard conditions, sales and delivery conditions, reservations, etc., the current rental conditions take precedence.

2. Safety

2.1. To best protect the people using the rented equipment, the renter must comply with all safety regulations, written and unwritten. The renter’s management must ensure that the renter’s employees comply with all safety regulations, including but not limited to the The Danish Working Environment Act.

2.2. If the Danish Working Environment Authority (WEA) issues orders or similar regarding the rented or the use of the rented, Platform.as must be immediately informed. Platform.as reserves the right to terminate the rental agreement without notice if the above guidelines are not followed.

3. Duration of the lease and calculation

3.1. The rental period is counted from the day the rented leaves Platform.as’s site to and including the day it is returned to Platform.as’s site.

3.2. The rental period is calculated per working day (5 days per week).
It is assumed that the rented is used within normal working hours.

Weekend rentals will be billed separately. This is seen via GPS installed in all platforms as well as mini and telescopic loaders. The printout of the GPS report is the basis for billing.

3.3. Rent is charged per calendar day for hoists.

3.4. The rent does not cover consumables. The renter bears all expenses for this.

3.5. The amount of the rent is calculated and charged for the entire rental period, regardless of whether the rented has been used for the entire rental period or not.

3.6. For each started day after 08.00, the full rental price is charged.

3.7. The minimum rental period is 10 working days.

3.8. Time-limited rentals cannot be terminated by cancellation within the rental period. Other rentals can be terminated by both Platform.as and the renter in writing and with a notice of 5 days.

3.9. Termination cannot shorten the above-mentioned minimum rental period.

3.10. To the extent that Platform.as is to perform work according to the rental tenancy, it is assumed that the work is performed within normal working hours and charged according to Platform.as’s usual rates for this. Work outside this time frame, including on weekends, Sunday, and public holidays, is charged as a supplement according to hourly rates section 13.1.

4. Offers and prices

For all rental agreements and price information, the following applies.

4.1. It is assumed that driveways, unloading places, installation sites, etc., are free and accessible and of a sufficiently sustainable, even, and flat character that allows the current loads. If this is not the case, Platform.as is entitled to extra payment as billable work to establish such conditions. The renter bears – also by Platform.as’s works/transport – the risk for damages to driveways, installation sites, etc., as well as underground installations or similar.

4.2. The renter provides and forwards an electrical/construction site panel to the installation site before the start of mounting. A minimum of 32A/400V per platform, 63A/400V per 2-ton hoist, and 125A/400V per 3.2-ton hoist are required.

4.3. The renter designates a pull-resistant point for anchoring in facades.

4.4. The offer for anchoring is calculated based on a standard anchoring, where it is established directly in the facade from the platform.

4.5. Pull/push depends on the type of platform or hoist used, as well as the configuration of anchoring and additional equipment. Pull/push forces will be informed by the project manager assigned to the renter’s case.

4.6. Costs for special anchoring due to changes in anchoring, where the pull-resistant point is not strong enough or anchoring must be mounted on the roof, etc., will be invoiced separately.

4.7. Waiting time for opening/closing of facade to pull-resistant point is charged per hour rate.

4.8. Mini loaders and telescopic loaders should be returned by the renter with a full tank. Otherwise, the renter will be charged 15 DKK per liter.

4.9. If the renter opts out of paint damage insurance, damages will be invoiced according to consumption.

4.10. Offer prices cannot be transferred to other projects/rental relationships or rental periods.

4.11. Offers are valid for 4 weeks.

4.12. Platform.as is entitled to adjust prices annually for all ongoing rental agreements according to the ‘Construction cost indices for civil engineering projects’ (Index 100 = January 2021). The price index adjustment will take effect from January 1 in the year following the start of the rental agreement and annually until the year the rental period expires. The adjustment is made based on the change in the price index from October 1 of the previous year to October 1 of the year before the adjustment.

4.13. All quoted prices are exclusive of VAT, insurance, environmental fees, and any taxes and duties.

5. Ordering relocation, cancellation, and remodeling, etc.

5.1. Orders for tasks related to the rented equipment can only be made by direct contact with Platform.as.

5.2. Orders can be made by phone at 32 114 333 (press 2) on all weekdays Monday – Thursday between 7:00 AM and 3:00 PM and Friday between 7:00 AM and 2:30 PM, by email at booking@platform.as or our extranet at extranet.platform.as. Login to the extranet is received upon acceptance of the offer.

5.3 Delivery and mounting of new equipment for the case must be ordered min. running day + 5 working days before the desired mounting.

5.4. Relocation, remodeling, dismantling, and pick up must be ordered min. running day + 3 days before the desired execution.

5.5. If a task is canceled later than 12:00 PM the day before the agreed execution date, the task is invoiced at the full service according to the accepted offer. Likewise, tasks performed on an hourly basis will be invoiced min. 4 hours according to current hourly rates.

5.6. Waiting time, regardless of the cause, is billed per started ½ hour according to current hourly rates.

6. Weather conditions

6.1. Weather-related measures in connection with operation, transport, mounting, and relocation, etc., of the rented equipment are paid by the renter.

6.2. Upon arrival at the designated place, it will be assessed whether a move is possible or not. If it blows more than 12.7 m/sec, the equipment cannot be moved. All our fitters are equipped with wind meters.

6.3. If a platform is equipped with a covering, and it blows more than 7 m/sec, the platform cannot be moved. Our fitters are equipped with wind meters.

6.4. Special setups are subject to reservations.

6.5. The renter is invoiced for any futile relocation attempts.

7. Renter’s remedies for breach

7.1. The rented item is delivered in a clean, operational, and legal condition.

7.2. The lessor is liable according to the general rules of Danish law, but it is specified that the lessor cannot be held liable for indirect losses of any kind, including operational losses, lost profits, or similar. The lessor’s liability is limited to the amount of the lessor’s coverage under its business and product liability insurance.

7.3. The renter must not rectify defects in the rented item by themselves or by a third party.

7.4. Platform.as is not liable for losses resulting from force majeure and other external and unforeseeable events, including fire, weather conditions, strikes, etc.

8. Renter’s obligation and liability

8.1. The renter bears all risk and all liability for the rented item during the rental period, including damages to the rented item and damages caused by the rented item to the renter’s and third party’s person or property.

8.2. Renters and users of the rented equipment are fully responsible for complying with all safety regulations.

8.3. Renters and users of the equipment must read the instruction book and manuals before commencing work. This is available via a QR code located on the equipment.

8.4. The equipment may only be used for the purpose for which it is intended according to applicable rules, data sheets, and the lessor’s specifications.

8.5. During the rental period, the renter is obligated to perform operational maintenance and control of the rented item, including cleaning.

8.6. The renter may not, nor allow others, to carry out repairs or alterations to the equipment.

8.7. Missing or damaged parts, tools, operating levers, support plates, electrical cables, keys, etc., will be replaced by the renter at the new price.

8.8. Costs for disposing of waste left on the rented item are for the renter’s account.

8.9. The renter is responsible for ensuring that the rented item is placed and used in compliance with applicable authority requirements, including laws, safety regulations, and other regulations, as well as private legal matters. The renter ensures and bears expenses for notifications to authorities, including permits from the municipality regarding the setup of platforms, approvals, etc.

8.10. If Platform.as, on behalf of the renter, applies to the municipality for control over road area for the setup of equipment, the renter will be charged an administration fee per application as well as any additional expenses such as barricading, parking fees, applications to the police, etc.

8.11. The renter is fully responsible for ensuring that all installations to be connected to the rented have the correct dimensions and are led to the agreed connection points.

8.12. If Platform.as should be held liable towards a third party, the renter is obligated to indemnify Platform.as for any liability/claim that goes beyond what the renter according to these rental terms can claim against Platform.as, including legal costs corresponding to the costs incurred by Platform.as.

8.13. The Platform.as logo must be visible on the equipment. It is the renter’s responsibility during the rental period to ensure that Platform.as identity marks and logos remain intact and are not removed.

8.14. Platform.as has the right at any time to inspect and perform work on the equipment rented from Platform.as, even within normal working hours (07:00-15:00). The renter is obligated to ensure Platform.as access to the equipment. Platform.as is not required to compensate for the time during which the renter cannot use the equipment.

8.15. The rented item may not be moved to another location/address than the one specified in the lease contract, sublet, or loaned to a third party without prior written consent from Platform.as.

8.16. Cleaning of the rented equipment after the end of the rental period is invoiced according to the time spent and materials used.

9. Operating expenses

9.1. In addition to the rental charge, the renter bears all costs for the rented equipment’s delivery and return, setup, mounting, remodeling, dismantling, electrical connections, and all other operating expenses.

9.2. If the rented equipment is delivered to the agreed time and place and there are delays in unloading and setup for reasons not attributable to Platform.as, this waiting time will be billed to the renter.

9.3. All kinds of adaptations and remodeling of the equipment related to setup and relocations are at the renter’s expense and invoiced according to time spent and materials used.

10. Insurance conditions

10.1. The lessor ensures that the rented equipment is adequately insured against damage by fire, theft, and comprehensive damages, as well as damages caused solely by the product (product liability insurance) during the rental period.

10.2. The renter is obligated to take out equipment insurance with the lessor and pay an environmental fee throughout the entire rental period according to current insurance conditions. The insurance covers only the rented equipment and not damages caused by the rented equipment.

10.3. The renter is responsible for paying the deductible for any insurance-covered damage, including theft and vandalism, according to current insurance conditions.

10.4. The deductible per incident is 30,000 DKK and must be paid by the renter in every case.
If there are damages from several independent events, the deductible applies to each of these, even if the damages are discovered and/or repaired simultaneously.
The deductible applies for each mentioned position.

10.5. The renter is obligated to take out insurance and pay the premium for this in a recognized insurance company, which covers the rented equipment and material and all the risks and responsibilities that the renter is liable for according to these rental conditions throughout the rental period.

10.6. The renter is responsible for taking out a commercial and product liability insurance as well as a mandatory workers’ compensation insurance by themselves.

10.7. If the renter opts out of the lessor’s insurance, the renter must provide a valid insurance certificate as proof of insurance coverage for the rented equipment to the same extent as the insurance offered by the lessor.

10.8. At any time, the renter is obligated to demonstrate that the mandatory insurances according to these rental conditions are taken out and that the premium for these has been paid.

10.9. Any damage not fully covered by the insurance must be paid by the renter.

10.10. All damages occurring during the rental period must be immediately reported to the renter’s insurance company and Platform.as. The renter must submit a damage report that at a minimum includes the date of the damage, location, and cause of damage.

10.11. Vandalism, theft, or other criminal actions must also be reported to the police within 24 hours of the event with a request that a report is sent to Platform.as no later than 48 hours after the report.

10.12. Other liability damages are at the renter’s risk, including during use and transportation on the construction site.

10.13. After the rented equipment is deregistered, the renter is liable for the equipment until it has been picked up, arrived, and inspected for faults and damages at the lessor’s location.

10.14. The renter is fully liable for damages caused by gross negligence, intent, or non-compliance with obligations according to these rental conditions.

10.15. When renting a mini loader or telehandler, the insurance does not cover business liability, meaning when the machine is not used as a vehicle but as a working tool.

11. Right of entry

11.1. Platform.as may have leased or rented the assets in this rental agreement through a leasing company that owns the relevant assets. Should the agreement between Platform.as and the leasing company end, the renter agrees, upon written notification from the leasing company, to henceforth pay the part of the rental fee that does not cover service on the rented equipment, with discharging effect to the leasing company. The leasing company is not responsible for service, defects, delays, etc., related to assets in this rental agreement.

12. Credit insurance

12.1. The renter must be able to be credit insured. If the renter cannot be credit insured, it is a requirement from the lessor that payment is made in advance or a bank guarantee is provided. This information is automatically sent to the renter if necessary.

13. Hourly rates

13.1. Fitters work without fixed price: 665 DKK per started hour
Crane truck without fixed price: 1,050 DKK per started hour

The hourly rates are based on work within normal working hours,
Monday – Thursday from 7:00 am – 3:00 pm and Friday from 7:00 am – 2:30 pm.
Outside of normal working hours, an additional 50% is added for the first 3 hours and thereafter 100%.
On weekends and public holidays, an additional 100% per hour is added.
Repairs outside of normal working hours are invoiced according to the above rates.

14. Payment terms

14.1. Invoicing occurs continuously in line with the execution of Platform.as’ work. However, rent is invoiced at the end of each month for the preceding month.

14.2. Payment must be made no later than the date specified in the lease contract. If no payment date is set in the lease contract, the term is net 14 days. If payment has not been made on time for one delivery, Platform.as is entitled, without liability, to withhold all further deliveries to the lessee until payment is made, regardless of whether the deliveries are interrelated or not.

14.3. In case of late payment, interest is calculated at 8% per annum in addition to a reminder fee of 350.00 DKK for the first reminder. For subsequent reminders, the reminder fee is 100.00 DKK.

14.4. Any discrepancies, disputes, or counterclaims between the lessee and Platform.as do not entitle the lessee to withhold timely payment of invoiced amounts.

14.5. Objections to sent invoices, including performed services, must be made no later than 14 days after the invoice date; otherwise, this is considered acceptance of the sent invoices.

15. Changes

15.1. Platform.as may change the current rental conditions with one month’s notice by announcing on Platform.as’ website.

16. Venue and choice of law

16.1. All disputes between Platform.as and the lessee that cannot be resolved amicably shall be handled by the Copenhagen City Court.

16.2. The contractual relationship between Platform.as and the lessee is governed by Danish law.



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