PLATFORM.AS TERMS AND CONDITIONS 2021-1

1. IN GENERAL

1.1. In addition to what appears in the terms conditions below, the lessee and Platform.as undertake to contribute loyally and to the best of their ability to a positive and appropriate rental process.
1.2. These terms and conditions are valid from 01.01.2021 and replace the previous rental conditions from Platform.as, even if these may have been referred to in agreements of cooperation etc.
1.3. In the event of discrepancy between these terms and conditions and the lessee’s standard terms and conditions, sales and delivery conditions, reservations, etc. these terms and conditions take precedence.

2. SAFETY

2.1. In order to ensure the best possible use of the rented property, the lessee must comply with all safety regulations, whether described or described. The lessee’s management must ensure that the lessee’s employees comply with all safety regulations, including - but not exclusively - the Danish Working Environment Act.
2.2. If the Danish Working Environment Authority issues an injunction or similar regarding rented property or the use of such, Platform.as must be informed of this immediately. Platform.as reserves the right to cancel the rental agreement without further notice if the above guidelines are not followed.

3. DURATION AND CALCULATION OF THE RENTAL

3.1. The rental period is calculated from and including the day the rented property leaves Platform.as’ premises and up to and including the day it returns to Platform.as’ premises.
3.2. The rental period is calculated per working day (5 days per week).

It is assumed that the rented property is used within normal business hours.

Rental during weekends will be invoiced separately. This can be tracked via GPS installed in all mast climbers and loaders. Printout of the GPS report is used for invoicing.
3.3. Rent is calculated per day for hoisting.
3.4. The rent does not cover consumables. The lessee bears all costs for this.
3.5. The amount of the rent is calculated and charged for the entire rental period, regardless of whether the rented item has been used or not.
3.6. For each working day started after 8 AM, the full price is calculated.
3.7. The minimum rental period is 10 working days.
3.8. Fixed-term rental cannot be brought to an end by termination during the rental period. Other leases can be terminated by both parties, Platform.as and the lessee, in writing and with 5 days’ notice.
3.9. Termination cannot shorten the minimum rental period mentioned above.
3.10. To the extent that Platform.as has to carry out work in connection with the rental, it is assumed that the work is carried out during working hours and is settled according to Platform.as' usual rates. Work outside of this period, including weekends, Sundays and public holidays, is charged as added cost, cf. hourly rates section 13.1.

4. QUOTATIONS AND PRICES

The following applies to all rental agreements and price information.

4.1. It is assumed that driveways, unloading areas, staging areas, etc. are free and easily accessible and of a sufficiently sustainable and level character to permit the current loads. If this is not the case, Platform.as is entitled to charge extra payment to establish such conditions. The lessee bears - also in the case of work and transportation done by Platform.as - the risk of damage to driveways, staging areas, etc. as well as underground installations etc.
4.2. The lessee delivers and transports the electrical switchboard to the installation site before the start of the assembly. A minimum of 32A/400V is required per mast climber, 63A/400V per 2 tonnes hoist and 125A/400V per 3.2 tonnes hoist.
4.3. The lessee designates a tensile point for anchoring in facades.
4.4. Quotations for anchoring are calculated based on a standard anchoring, where it is mounted directly in the facade from the mast climbing work platform.
4.5. Pull/push depends on the type of mast climber or hoist used, as well as the construction of struts and additional equipment. Pull/push forces are disclosed by the responsible project manager associated with the lessee’s case.
4.6. Special struts due to changes in anchoring, if the tensile point is not strong enough or if struts must be attached to the roof etc. is invoiced separately.
4.7. Waiting time for opening/closing the facade to tensile point is invoiced per hourly rate.
4.8. Skid-steer loaders and telescopic handlers must be returned by the lessee with a full tank. Otherwise, the lessee is invoiced DKK 15 per litre.
4.9. If the tenant opts out of paint damage insurance, damages are invoiced according to consumption.
4.10. Quotations and prices cannot be transferred to other projects, rental conditions or rental periods.
4.11. Quotations are valid for 4 weeks.
4.12. Platform.as is entitled to adjust the price figures for all ongoing rental agreements once a year according to the construction cost index for housing (index 100 = January 2021)
4.13. All stated prices are excl. VAT, insurance, environmental surcharge and any taxes and charges.

5. ORDER OF MOVING, CANCELLATIONS AND REMODELLING ETC.

5.1. Order of tasks regarding the rented equipment can only be done by contacting Platform.as directly.
5.2. Orders can be made by calling (+45) 70 777 691 (press 2) on all weekdays, Monday - Thursday between 7 AM and 3 PM and Friday between 7 AM and 2.30 PM, by e-mail at booking@platform.as or through our extranet.platform.as. Login for the extranet is received upon acceptance of the quotation.
5.3. Delivery and installation of new equipment and material must be ordered at least the current day + 5 days before the desired installation date.
5.4. Moving, remodelling, dismantling and pick up must be ordered at least the current day + 3 days before the desired date.
5.5. If an assignment is cancelled or cancelled later than 12 PM the day before the agreed date, the task will be invoiced for the full service, cf. the accepted offer. Likewise, tasks based on an hourly rate will be invoiced a minimum of 4 hours according to the applicable hourly rate.
5.6. Waiting time, regardless of the reason, is invoiced per ½ hour started according to the applicable hourly rate.

6. WEATHER CONDITIONS

6.1. Weather precautions in relation to transport, operation, assembly and moving, etc. of the rented equipment is paid by the lessee.
6.2. On arrival at the designated area, a decision is made as to whether a move is possible or not. If the wind exceeds a speed of above 12.7 m/sec. the material cannot be moved. All of our fitters are equipped with anemometers.
6.3. If a mast climbing work platform is equipped with a cover and the wind speed is above 7 m/sec. the mast climber cannot be moved. Our fitters are equipped with anemometers.
6.4. Reservations are made for special arrangements.
6.5. The lessee is invoiced for any futile move.

7.LESSEE’S REMEDIES IN THE EVENT OF DEFAULT

7.1. The rented equipment is delivered in a clean, operational and legal condition.
7.2. The lessor is liable according to the general rules for compensation of Danish law, although it is clarified that the lessor cannot be held liable for indirect losses of any kind, including loss of operation, lost profit or the like. The lessor’s liability is limited to the amount of the coverage under its professional and product liability policy.
7.3. The lessee must not let their own employees or any third parties remedy defects on the rented equipment.
7.4. Platform.as is not responsible for losses due to a result of force majeure and other external and foreseeable events, including fire, weather, strikes, etc.

8. LESSEE’S OBLIGATIONS AND RESPONSIBILITIES

8.1. The lessee bears all risk and responsibility for the rented equipment during the rental period, including damage to the equipment and damage caused by the rented equipment to a person or property of the lessee of third parties.
8.2. Lessee’s and users of the rented equipment have full responsibility for ensuring that all safety regulations are complied with.
8.3. Lessee’s and users of the rented equipment must read the instruction manual before starting work. This can be found via the QR code which is placed on the material.
8.4. The equipment may only be used for the purpose which it is intended for, cf. applicable regulations, data sheets and lessor’s specifications.
8.5. During the rental period, the lessee is obliged to carry out operational maintenance and control of the rented equipment, including cleaning.
8.6. The lessee may not let himself or others carry out repairs or changes to the equipment.
8.7. Missing or damaged parts, tools, controls, support plates, electrical cables, keys, etc. are replaced by the lessee at new price.
8.8. Costs for disposal of waste left on the rented equipment is on the lessee’s account.
8.9. The lessee is responsible for ensuring that the rented equipment is located and used in accordance with applicable authority requirements, including laws, safety regulations and other regulations, as well as private law matters. The lessee arranges for and bears the costs of reports to the authorities, including permits from the municipality regarding the set-up of mast climbing work platforms, approvals, etc.
8.10. If Platform.as, on behalf of the lessee, applies to the municipality for permission for the road area to set up the equipment, the lessee will be charged an administration fee per application as well as all additional expenses, such as roadblocks, parking fees, applications to the police, etc.
8.11. The lessee has full responsibility for ensuring that all installations that are to be connected to the rented equipment have the correct dimensions and are led to the agreed connection points.
8.12. Should Platform.as be held liable towards a third party, the lessee is obligated to indemnify Platform.as for any liability or claim that goes beyond what the lessee can claim against Platform.as as lessor in accordance with these rental agreements, including court costs, etc. corresponding to the costs incurred by Platform.as.
8.13. The Platform.as logo must be visible on the material and equipment. It is the lessee’s responsibility during the rental period to ensure that Platform.as’ identity marks and logos are intact and not removed.
8.14. Platform.as has the right - but not the obligation - to inspect the rented property at any time and the lessee is obliged to ensure Platform.as’s access.
8.15. The rented property may not be moved to a different location/address than the stated address in the rental agreement, sublet or lend to a third party without prior written consent from Platform.as.
8.16. Cleaning of the rented equipment after the termination of the lease is invoiced according to the time used and consumables.

9. OPERATING EXPENSES

9.1. In addition to the rental cost, the lessee bears all expenses for the lessee’s transportation, installation, assembly, remodelling, dismantling, electrical connections, as well as all other operational costs.
9.2. The equipment is delivered at the agreed time and place but if, for reasons not attributable to Platform.as, there is waiting time before unloading and assembly can take place, this waiting time will be invoiced to the lessee.
9.3. All types of adaptations and remodelling of the equipment in connection with setup and moving are at the lessee’s expense and are invoiced according to the time used and consumables.

10. INSURANCE TERMS

10.1. During the rental period, the lessor has the equipment properly insured against damage to the rented equipment in the event of fire and theft. Comprehensive insurance, as well as damage caused by the product alone (product liability insurance) is included.
10.2. The lessee is obliged to take out material insurance with the lessor and pay an environmental tax throughout the rental period, cf. applicable insurance conditions. The insurance covers only the rented equipment and not damage caused by the rented equipment.
10.3. In the event of any damage covered by insurance, including theft and vandalism, it is the responsibility of the lessee to pay the excess in accordance with the applicable insurance conditions.
10.4. The deductible amount per damage is DKK 30,000 and must in any case be paid by the lessee.

If damage has occurred in several unrelated incidents, the excess applies to each of these, even if the damage is discovered and/or carried out at the same time.

The excess applies to each individual position mentioned.
10.5. The lessee is obliged to take out insurance and pay the premium for this with a well-known insurance company, which covers both the rented equipment and materials and all the risks and responsibilities for which the lessee is liable according to these rental conditions.
10.6. The lessee is responsible for taking out professional- and product liability insurance as well as statutory workers' compensation insurance.
10.7. When opting out of the lessor's insurance, the lessee must submit a valid insurance certificate as proof of insurance coverage of the rented property to the same extent as the insurance offered by the lessor.
10.8. The lessee is at all times obliged to document that the compulsory insurances in accordance with these rental conditions have been taken out and the premium has therefore been paid.
10.9. Any damage that is not fully covered by the insurance is paid by the lessee.
10.10 All damages that occur during the rental period must be reported immediately to the lessee's insurance company and Platform.as. In this regard, the lessee must submit a damage report, which contains at least the date of damage, place of damage and cause of damage.
10.11. Vandalism, theft or other crime must also be reported to the police within 24 hours of the incident. This is done with a request that the report is to be sent to Platform.as no later than 48 hours after the report has happened.
10.12. Other liability damages are the lessee's risk, including work and transport on the construction site.
10.13. After deregistration of the rented material, the lessee is liable for the material until the material has been picked up, arrived and checked for errors and defects at the lessor's place.
10.14. The lessee is fully liable for damages caused as a result of gross negligence, intent or breach of obligations according to these rental conditions.
10.15. When renting skid steer loaders and/or telescopic handlers, the insurance does not cover professional liability. That is, when the machine is not in use as a vehicle, but as a work tool.

11. RIGHT OF ENTRY

11.1. Platform.as may have leased or rented the assets in this lease agreement through a leasing company that owns the assets in question. If the agreement between Platform.as and the leasing company should come to an end, the lessee agrees, after written notification from the leasing company, to pay the part of the rental amount that does not cover servicing of the leased equipment, with liberating effect to the leasing company. The leasing company is not responsible for service, defects, delays, etc. relating to assets in this lease agreement.

12. CREDIT INSURANCE

13. HOURLY RATES

13.1. Assembly work without a fixed price DKK 595,- per hour started
Crane truck without a fixed price DKK 995,- per hour started
Hourly rates are based on work within normal working hours:
Monday - Thursday from 7AM to 3PM and Friday from 7Am to 2:30PM.
Outside normal working hours, 50% of the hourly rates are added for the first 3 hours, and then 100%.
On weekends, Sundays and public holidays, 100% of the hourly rate is added per hour.
Repairs outside normal working hours, weekends, Sundays and public holidays are invoiced according to the above rates.

14. TERMS OF PAYMENT

14.1. Platform.as invoices continuously as the work is carried out. However, rent is invoiced at the end of each month for the previous month.
14.2. Payment must be made no later than the time specified in the lease. If the time of payment is not specified in the lease, this 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 has been made, regardless of whether the deliveries are related or not.
14.3. In case of late payment, interest is calculated at 8% per month and reminder fee of DKK 450.00 per reminder.
14.4. Any discrepancies, disputes or counterclaims between the lessee and Plartform.as do not entitle the lessee to fail to pay invoiced amounts on time.
14.5. Objections to forwarded invoices, including services performed, must be made no later than 14 days after the invoice date, otherwise this is considered acceptance of forwarded invoice(s).

15. CHANGES

16. JURISDICTION AND CHOICE OF LAW

PLATFORM.AS TERMS AND CONDITIONS 2021-1

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