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Avesco Rent Oy

Business ID: 3313222-9
Karhuntassuntie 5
04260 Kerava
Finland

GENERAL TERMS AND CONDITIONS FOR RENTAL AND RELATED SERVICE

Avesco Rent Oy 

Version ENG / Version FIN: [24 March 2023]

1. SCOPE

      1. These General Terms and Conditions (hereinafter “Terms and Conditions”) shall apply when Avesco Rent Oy (hereinafter “Avesco Rent”) rents out machinery and/or equipment specified in the rental contract (hereinafter “Rental Object”) to the customer (hereinafter “Customer”) for operational rent.
      2. Where applicable these Terms and Conditions shall also apply to our services such as re-fueling, installation, cleaning, planning, inspection, transportation and other services related to the Rental Object and provided by Avesco Rent to the Customer. These Terms and Conditions are not applicable for financial leasing or financing of machines.
      3. Avesco Rent and the Customer shall conclude a separate rental contract (hereinafter “Contract”) concerning the Rental Object and the related services. These Terms and Conditions form an integral part of the Contract. Any other terms and conditions provided or included in the Customer´s request for quotations, orders or similar document shall not be applied on the Contract. In case of any differences between the Contract and these Terms and Conditions, the Contract shall prevail.
      4. By concluding the first agreement with Avesco Rent, the Customer acknowledges the validity of these Terms and Conditions for the entire duration of the business relationship between the parties. The Terms and Conditions may be amended from time to time by Avesco Rent, which amendments shall be applied for the following rental and the related services when applicable.
      5. The Contract is concluded at the place of business of Avesco Rent or online via the website www.avesco-rent.fi. By clicking on the button ‘Confirm’ on website, the Customer makes a binding offer to conclude an agreement. With the orders submitted online the Contract is concluded when Avesco Rent confirms the order in writing. If the order is submitted to Avesco Rent by any other way, the Contract is concluded when Avesco Rent confirms the order, or when the Rental Object is handed over to the Customer if it takes place first.

2. RENTAL OBJECT

  • 2.1 Object of rent

The Rental Object which Avesco Rent rents to the Customer is specified in the Contract. The Rental Object shall not include any fuel or power, lubricants, filling of automatic greaser, daily maintenance or acquisition or operating personnel, unless otherwise separately agreed in writing.
  • 2.2 Ownership

The ownership of the Rental Object shall not be transferred to the Customer under this Contract and the Contract does not entitle the Customer to have any right to the Rental Object after the expiry of the rental period.
  • 2.3 Remote management system

    1. Avesco Rent shall have the right to install the Cat® Product Link or other remote management system to the Rental Object. The system connects the Rental Object to Avesco Rent’s information systems wirelessly. The remote management system sends Avesco Rent real-time data about, for example, the location, use, fuel consumption and emissions of the Rental Object as well as its need for maintenance. The installation or existence of the remote management system does not release the Customer from any of its contractual or other liabilities, nor does it create any obligations or liabilities for Avesco Rent. 
    2. Avesco Rent may monitor the use of the Rental Object via remote management system and is entitled to invoice from the Customer based on the data any use of the Rental Object which is not agreed in the Contract.

3. RENTAL PERIOD

      1. The rental period is agreed in the Contract. The rental period shall always be at least one day. The rental period begins at the date of rental commencement as agreed in the Contract, provided that the Rental Object is actually made available to the Customer but regardless of whether the Customer actually takes over the Rental Object.
      2. The rental period is calculated in workdays, weeks or months, as set out in the Contract. The rental period starts on the day of the agreed handover and ends when agreed and the Rental Object is properly returned to Avesco Rent´s branch. Both the handover and the return days are always counted as full working days. 
      3. If the Customer wishes to extend the agreed rental period, it shall contact Avesco Rent in order to agree on the extension. The extension shall be agreed in writing. Avesco Rent is not obligated to extend the rental period, and in such case the Rental Object shall be returned to Avesco Rent as agreed in the Contract.

4. RENT

  • 4.1 Amount of rent

        1. The rental price is agreed in the Contract.  Prices are exclusive of VAT. The prices agreed in a Contract apply to the originally agreed rental period. In case the rental period is extended, the prices for the extension period are adjusted based on Avesco Rent´s prices in force for the time of the extension.
        2. The agreed amount of rent is based on and applies to the agreed period of use. Unless otherwise agreed, one workday consists of a maximum of 8 motor hours and a single-shift, one week consists of 5 workdays and one month consists of 21 workdays. More extensive use shall be agreed separately in writing. If the Customer uses the Rental Object more extensively than agreed, Avesco Rent has always the right to invoice the additional use from the Customer. The Customer is obliged to pay Avesco Rent an additional 12,5% of the daily rental rate of the Rental Object for each beginning additional hour of use, unless otherwise agreed. The Customer is obligated to pay the agreed rent for the entire rental period although the maximum 8 hour daily operating time is not fully utilized each day.
        3. If the Customer returns the Rental Object before the expiry of the agreed rental period, the Customer is obligated to pay 50 % of the agreed rent from the remaining rental period. If the Customer does not collect the Rental Object from Avesco Rent´s branch as agreed (no-show) or cancels the Contract less than one week before the begin of the agreed rental period, the Customer is obligated to pay 50 % of the value of the contract or quotation.
        4. The rent includes only the equipment rent. In addition to the equipment rent the Customer is obligated to pay an amount equal to 5 % of the rental price for the duration of the rental period as an additional charge for EscoTurva (see more in the section 7.3 EscoTurva), unless otherwise agreed. For example, transportation, assembly, disassembly, traveling and waiting time, and packaging costs as well as the use of accessories, consumables and any cleaning and repair costs are not included in the rent, and all these additional costs are charged additionally in accordance with the currently valid price list of Avesco Rent. 
        5. The rental price is based on the customary use of the Rental Object. The Customer is not allowed to use the Rental Object in tunneling, on pontoon, waste treatment or other special works (any such work which risks the Rental Object), or in any heavy conditions (e.g. in conditions where is a risk of contact with salt water, aggressive or corrosive substances), unless separately otherwise agreed with Avesco Rent in writing beforehand, in which case the Customer is obligated to pay an additional special rate which amount is defined by Avesco Rent case by case. 
  • 4.2 Deposit, Terms of payment

        1. For each rental case, a deposit as determined by Avesco Rent based on the value of the Rental Object must be deposited by the Customer as a guarantee for Avesco Rent. 
        2. The rental price and the additional services shall be paid at the end of the rental period upon return of the Rental Object if not otherwise required by Avesco Rent for example in case of insufficient financial reliability of the Customer.
        3. For the Contracts which continue for the following month, partial billing takes place at the end of each month. 
        4. The payment term shall be 14 days net.
  • 4.3 Delay in payment

        1. If the payment of rent or other fee payable under the Contract is late, the Customer is obligated to pay late payment interest at the rate of 16 % per annum on the outstanding amount.
        2. If the payment of rent or any other fee payable under the Contract is late, Avesco Rent is entitled to immediately terminate the Contract and may retrieve the Rental Object at the expense of the Customer.

5. DELIVERY AND RETURN OF THE RENTAL OBJECT

  • 5.1 Delivery of the Rental Object

        1. Unless otherwise agreed in writing, the Rental Object is handed over to the Customer at Avesco Rent’s premises. If the parties have agreed on an alternative location of handover, the Rental Object shall be delivered to this location at the Customer’s risk unless otherwise agreed. In such case the Customer shall be responsible of loading (and off-loading on return).   If the Rental Object is delivered to the Customer’s site, the Customer must be available for receiving and inspecting the Rental Object at the delivery time informed by Avesco Rent unless Avesco Rent and the Customer have agreed in writing that the Rental Object may left at site without the precedence of the Customer. 
        2. The Rental Object shall be handed over to the Customer in working order.
      1. 5.2 Return of the Rental Object

        1. The Rental Object shall be returned to Avesco Rent clean and full, and in the same condition as when it was hired out, with the exception of normal wear from use, packing if appropriate, immediately at the end of the rental period. The Customer shall return the Rental Object to the same branch the Customer collected it from unless otherwise specified in the Contract.
        2. If the Rental Object on return does not meet the above requirements, or it has any other deficiencies which prevent or delay the renting of it to others, Avesco Rent shall have the right to invoice from the Customer for the costs arising from the cleaning and repair or the replacement value of the Rental Object (including material costs for operating material and wear parts). Avesco Rent shall, however, be responsible for any repair costs arising from normal wear and tear of the Rental Object, but for example repairs of any scratches outside normal wear and tear are invoiced to the Customer. Additionally, the Avesco Rent has the right to invoice from the Customer the loss of rent incurred to Avesco Rent during the time used for the repairs and recovery of the returned Rental Object.
        3. If the Rental Object is returned to Avesco Rent later than agreed, the Customer is obligated to compensate the damages occurred to Avesco Rent, including but not limited to the loss of rent incurred to Avesco Rent due to the delay with the rental prices in force for the said period. 
        4. The Customer is obligated to pay a contractual penalty or other similar additional charge in case of late return or other breach in case such charge is specified in the Contract.

6. PASSAGE OF RISK

      1. The right to use the Rental Object and the liability for the risks of damage and loss are transferred to the Customer when the rental period starts and lasts until the return of the Rental Object to Avesco Rent at the agreed place. In case the Customer has purchased the additional transportation service, the risk of damage and loss are transferred to the Customer when the Rental Object is delivered to the Customer´s site in accordance with the terms of transportation service in Section 7.2.
      2. During the rental period, the Customer has the sole responsibility for the Rental Object and all the risks that could be directly or indirectly caused by its use, including but not limited to such as causes by nature (such as wind, ice, snow, water) temperature, fire, theft, explosion, accident, damages caused to itself, Avesco Rent or third party.

7. RELATED ADDITIONAL SERVICES

  • 7.1 Refueling

        1. Price of the service is agreed in the Contract. Fuel prices do not include VAT but include fuel taxes and Finnish National Emergency Supply Agency´s charges. The service is invoiced after the delivery.
        2. The delivery time is agreed in the Contract.
        3. The delivery term for the fuel is Finnterms “TOP Tilaajan purkuliitin FIN01”.
        4. The tank-vehicle must be able reach a spot which is no more than 10 meters away from the refueling point of the item to be refueled. When placing an order, the Customer must indicate what kind of connector is required for refueling (Camlock connector / pistol connector or if refueling is to be carried out with refueling tanks (canisters). If the site has more than one item to be refueled, Avesco Rent will charge an additional fee for each item to be refueled in accordance with the currently valid price list.
        5. Avesco Rent has the right to refuse from delivering the fuel if the tank-vehicle does not have unhindered and safe access to the unloading site, or if there are any safety shortcomings at the unloading site. The Customer is responsible for ensuring that there is a road leading to the fuel oil tank’s filling port or storage, and that such road is in drivable condition to withstand the load of a tank-vehicle in such a way that the road and tank-vehicle are not damaged. In winter, the road must be treated with anti-slip sand and snow must be removed. 
        6. Avesco Rent has the right to charge the additional cost /fee for unnecessary visit if the unloading of the fuel is prevented, unless the reason for this is on Avesco Rent´s responsibility.  If the unloading is partly prevented, the Customer is responsible for the additional costs occurred to Avesco Rent.
        7. The Customer bears the responsibility and costs related to the over-filling unless the reason for the over-filling is solely on Avesco Rent. 
  • 7.2 Transportation

        1. If the Customer purchases the transportation service for the Rental Object from Avesco Rent, the transportation (also loading and unloading) is on Avesco Rent´s risk; otherwise the transportation must be organized by the Customer and is on the Customers risk.
        2. Price of the transportation service is agreed in the Contract. The transport price depends for example on the machine’s weight, size and delivery distances. Express delivery options are available for an additional fee. 
        3. If the Customer purchases the transportation from Avesco Rent, the delivery term of the Rental Object is Finnterms TOP (delivery place defined in the Contract). 
  • 7.3 EscoTurva

      1. EscoTurva is included in the Contract and a fee of 5 % shall be automatically added on the rent for the duration of the rental period, regardless if the Rental Object was in use or not. 
      2. EscoTurva covers damage, theft and vandalism on the Rental Object during the rental period. In case damage, theft or vandalism covered by Esco Turva the Customer shall only pay the applicable deductible amount, as specified on Avesco Rent´s website https://www.avesco-rent.fi/.  
      3. In case of theft and vandalism the Customer must have taken all precautionary measures, e.g. removed the contact key, activated the theft protection, to have the Rental Object chained or enclosed. In the event of theft or vandalism, the Customer is obliged to immediately complete all formalities in connection with the event (immediate notification to the police, as well as notification of damage). Damages resulting from the Customer´s negligence or Customer´s misuse of Rental Object, glass damage (e.g. windscreen, doors, lights), damages to mirrors, tires or chains, punctures (slabs, cut-up tires), damage to the rubber crawler, and the need of mechanic for engine repairs due to missing or incorrectly filled consumables (engine oil, cooling liquid, greases, brake fluid etc.) are not covered by the EscoTurva, and the Customer is responsible of any costs related to those.
      4. EscoTurva is mandatory. Only if the Customer provides written proof that it has an insurance or other similar coverage covering the same damages that are covered by EscoTurva and such coverage is approved by Avesco Rent, the parties may agree to remove EscoTurva from the Contract.


8. LIABILITY FOR DAMAGES

      1. Should the Customer fail to fulfil its contractual obligations, the Customer shall be liable to compensate for any loss or damage to Avesco Rent arising thereof and Avesco Rent shall have the right to invoice the Customer for any costs incurred by Avesco Rent, including for both direct and indirect loss or damage. 
      2. The Customer shall be solely liable for any direct and indirect damages and costs incurred by the Customer or a third party as a result of the Customer’s or the third party’s conduct using, installing or transporting (excluding the Avesco Rent´s transportation service in Section 7.2) the Rental Object during the rental period.  Avesco Rent shall not be responsible for such damages or costs. 
      3. During the rental period the Customer is liable for any loss and damage to the Rental Object and related costs, regardless of the reason causing the damage and whether the damage was for example caused by a fault of a third party, an accident or force majeure. The Customer shall compensate any Rental Object destroyed or lost during the rental period or otherwise not returned at the replacement-as-new value. The Customer shall compensate Avesco Rent any damage to the Rental Object as well as for any costs arising from careless or incorrect use or insufficient maintenance of the Rental Object during the rental period.
      4. If the Rental Object is rented with a driver, the power of disposal and due diligence for the machine as well as the authority of the driver shall be transferred to the Customer, including all legal consequences and all the work to be carried out by the driver, including during the transfer of the Rental Object to the place of delivery and return to Avesco Rent. Avesco Rent is not liable for any damage the driver causes in execution of its work under the authority of the Customer.
      5. Avesco Rent shall not be responsible for ensuring the Rental Object is suitable for the Customer’s intended use. Ensuring the suitability is an obligation of the Customer.
      6. Avesco Rent shall not be liable for any indirect damage, for example, damages or contractual penalties paid by the Customer, damage to property or loss of profit. Avesco Rent’s liability for direct damages is limited to an amount that is equivalent to the amount of rent of the Rental Object during the rental period or, if the rental period lasts longer than six (6) months, no more than the hire charge for six (6) months. Avesco Rent´s liability for direct damages when providing the additional service is limited to the amount of the contractual price of the additional service in question. The limitations of liability shall not apply if the damage is caused by willful misconduct or by gross negligence.

9. RIGHTS AND OBLIGATIONS OF AVESCO RENT

  • 9.1 Rental Object 

Avesco Rent is obliged to provide the Rental Object in usable condition and complying with applicable regulations. If a Rental Object does not work properly, the liability of Avesco Rent is limited to the reparation of the Rental Object and only when the reparation is reasonably possible. Avesco Rent does not have to replace the Rental Object and is not liable for any loss of productivity or income or any erroneous work results that are due to a defect of the Rental Object. The assertion of claims for direct or indirect damages, such as lost profits, loss of orders or damage to the image is excluded.
  • 9.2 Instructions

Avesco Rent provides the necessary explanations and instructions for the use of the Rental Object on the Customer´s request. By signing the Contract or starting to use the Rental Object, the Customer confirms that it has received all the necessary instructions the Customer needs for the correct and safe use of the Rental Object. 
  • 9.3 Inspection, alterations and replacement 

    1. During the rental period, Avesco Rent shall be entitled to inspect the Rental Object, or have it inspected in a location and at a time of their choice without consulting the Customer, provided that this is not unreasonably inconvenient to the Customer. Avesco Rent is entitled to carry out any maintenance, repairs and other measures on the Rental Object which it deems necessary.
    2. During the rental period, Avesco Rent shall be entitled to make alterations to the Rental Object by the manufacturer’s/production facility’s order at a time of their choice without consulting the Customer, provided that this is not unreasonably inconvenient to the Customer. In such a case, the Customer shall not be obligated to pay the rent charge for the Rental Object while the Rental Object is out of use. 
    3. Avesco Rent shall have the right to replace the Rental Object within 24 hours by notifying the Customer of the planned replacement. 

10. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

    1. 10.1 Inspection

      1. The Customer is obliged to inspect the quantity, quality and condition of the Rental Object upon delivery of the Rental Object to the Customer.  If the Customer notices any missing parts, defects or any issues regarding the quantity, quality or condition of the Rental Object, the Customer shall notify thereof in writing to Avesco Rent immediately after delivery, in the Contract, in the check-out document, in the delivery note or by an e-mail to the Avesco Rent branch defined in the Contract. If the Customer is entitled to a refund, the refund shall be calculated from the moment that Avesco Rent has received the written notification.
      2. Any other defect that could not have been observed at the moment of delivery must be reported in writing immediately after noticing and at the latest within one day of the delivery.
    2. 10.2 Use of Rental Object

      1. The Customer is responsible for the daily inspections of the Rental Object in accordance with the user manual. 
      2. The Customer shall use the Rental Object only in accordance with the applicable laws. The Customer shall observe that the Rental Object may be a vehicle which may according to law be used in traffic only if it is registered for traffic use.
      3. The Customer shall not have the right to transfer the Rental Object to places other than the operating site agreed upon in the Contract without written consent of Avesco Rent. The Customer must always be able to specify the exact location of the Rental Object.
      4. The Rental Object shall not be used or transferred outside Finland without written consent of Avesco Rent. If the Customer breaches this obligation the Customer shall pay Avesco Rent liquidated damages amount which is equivalent to the new purchase value of the Rental Object. Avesco Rent is additionally entitled to any other payment or damages based on the other terms of the Contract and Terms and Conditions.
      5. The Customer shall not make any changes on the Rental Object. Avesco Rent’s instructions related to the Rental Object and use of it, including but not limited regarding operation, safety, maintenance, transportation and loading must be strictly observed and followed.
      6. The Customer shall not alter or move any erected structures without Avesco Rent’s express written consent. Avesco Rent shall not be liable for any loss or damage caused by the structures having been altered or moved or loaded without Avesco Rent´s consent or against Avesco Rent´s instructions.
      7. The Customer is prohibited from altering or removing any markings and indications of property rights, or logos attached to the Rental Object, unless separate written consent is given by Avesco Rent.
      8. The Customer is not allowed to hand over the Rental Object to any third party. The Customer is not entitled to grant any rights to the Rented Object to a third party or to assign any rights under the lease.
      9. The Customer undertakes to use the Rental Object with due care and solely in accordance with the purpose to which it is intended and typically used. The Customer shall not exceed the usage capacity of the Rental Object. The Customer shall comply with the Rental Object´s handbook provided by Avesco Rent, however in case of any differences between these Terms and Conditions and the handbook in question, these Terms and Conditions shall prevail.
      10. In case of malfunction or breakage of the Rental Object or any part of it, the Customer must stop using the Rental Object and immediately report the malfunction and breakage to Avesco Rent. The Customer must immediately stop using Rental Object if the Customer notices or becomes aware of any risk of damage, and it should take necessary steps to prevent and minimize any damage.
      11. The Customer is responsible for ensuring that it has the required knowledge and ability to use the Rental Object before it starts to use it. Avesco Rent will provide instruction and training for the use of the Rental Object on Customer´s request. 
      12. If the Rental Object breaks due to normal wear and tear or other defect in the Rental Object and without any negligence or failure of the Customer, Avesco Rent will not charge the rent of the time Rental Object was not usable (only whole days are counted) due to such defect, starting from the time Avesco Rent receives the written notification of the matter from the Customer. 
      13. The Customer shall not replace any parts (including consumable parts) or repair the Rental Object in any other way, nor have the repairs carried out by a third party, without prior written consent of Avesco Rent. If not otherwise agreed in writing, the repairs carried out by Customer are on Customer´s risk and cost, and the Customer is liable for all damages resulting from improper repair work.
      14. Avesco Rent replaces the wearing parts which are required in normal use of the Rental Object and need to be replaced due to normal wear and tear. The consumables wearing parts such as the drilling, cutting, grinding and concrete milling machines, blades, chains, tree trenchers and trenchers, as well as excessive wear of the tires and rubber tracks are not included in the rental price, and the said parts and the replacement work of them (if the work is separately agreed to be done by Avesco Rent) are invoiced to the Customer.
      15. Repairs and replacements that need to be carried out for other reasons than normal wear and tear, including but not limited due to acts of malicious damage (breaking), accidental damage, improper operation and maintenance are invoiced to the Customer.
    3. 10.3 Fuel

      1. If the vehicle has been registered for traffic, only legally permitted fuel shall be used, even if the vehicle is not used in traffic during the rental period. In particular, fuel oil shall not be used in vehicles which are registered for traffic.
      2. If the Rental Object is equipped with a diesel engine, the correct type of diesel fuel shall be used with regard to the season and the prevailing temperature. However, summer diesel shall not be used in any circumstances.  Arctic diesel shall be used when required. The Contract may also state that only arctic diesel shall be used. 
      3. The Customer is responsible for any consequences and penalties of non-compliance with this clause 10.3, even if the consequence or a penalty occurs in the use after the rental period. 
    4. 10.4 User´s competence

The Customer shall ensure and confirm that any person using the Rental Object has the relevant qualifications, competency and the required license and permit for the proper handling and use of the Rental Object. The required licenses and permits or other document demonstrating the needed competence must be presented to Avesco Rent on Avesco Rent´s request. The Customer shall ensure and confirm that the person using the Rental Object knows all operating and safety regulations for the use of the Rental Object.
  • 10.5 Prohibition of asbestos work

Legislation contains detailed provisions on the use and cleaning of work equipment used in asbestos work and on testing their operation. Because of this, the Rental Object may not be used for asbestos work without separately agreeing on such use and related matters with Avesco Rent in writing. In case the Rental Object is used in asbestos work the Customer is liable for all the cleaning and replacement costs and the loss of rent incurred for Avesco Rent during the time on cleaning and restoration. Avesco Rent is additionally entitled to any other payment, contractual penalty or damages based on the other terms of the Contract and Terms and Conditions.

11. MOTOR VEHICLE THIRD PARTY LIABILITY INSURANCE FOR REGISTERED VEHICLES AND TRAILERS

      1. Statutory motor liability insurance is included in the rent of registered motor vehicles. The statutory motor liability insurance covers certain damages to third parties and driver and passengers caused by the use of a motor vehicle in traffic as stipulated in the Motor Liability Insurance Act.
      2. The Customer shall compensate to Avesco Rent any amount which Avesco Rent has had to pay under the deductible of the motor liability insurance, in the maximum of 1000 €, and any VAT in respect of any damage for which the Customer is liable and any insurance bonus loses occurred to Avesco Rent due to the damage for which the Customer is liable.

12. TERMINATION OF THE CONTRACT

      1. Avesco Rent may terminate the Contract without any compensation for the Customer and with immediate effect if the Rental Object is at risk, improperly used or poorly maintained, the Customer defaults in payment or breaches other clauses of these Terms and Conditions or the Contract. Avesco Rent shall have the same right if there is a weighty reason to presume that the Customer will default on its payment obligation or otherwise fail to fulfil on essential part of its contractual obligations.
      2. In case of the termination of the abovementioned grounds Avesco Rent is allowed to retrieve the Rental Object at the expense of the Customer, and Avesco Rent is additionally entitled to any other payment, contractual penalty or damages based on the other terms of the Contract and Terms and Conditions. The Customer shall be liable for compensating for any costs, loss or damage arising from the cancellation of the Contract to Avesco Rent.
      3. Avesco Rent has the unilateral right to assess the financial reliability of the Customer. Avesco Rent may check the financial conditions and credibility of the Customer before and during the validity of the Contract. Avesco Rent may reject the Customer´s order, demand pre-payment or security based on its findings. Avesco Rent may terminate the Agreement with immediate effect and is also allowed to retrieve the Rental Object at the expense of the Customer if it deems on objective grounds that the Customer is risky and the Customer does not grant an advance payment or collateral accepted by Avesco Rent.

13. INSOLVENCY OF THE CUSTOMER

      1. If a bankruptcy petition is filed against the Customer or the Customer is declared bankrupt, goes into receivership or is placed in liquidation (voluntary or compulsory), the Customer shall, without delay, inform the official receiver or liquidator that the Rental Object is the property of a financier/Avesco Rent. If the bankruptcy estate wants to commit itself to the Contract, the bankruptcy estate shall, within the time period specified by Avesco Rent, lodge a security the value of which is equivalent to the value of the contractual hire charge for the remaining rental period. If the bankruptcy estate fails to lodge an acceptable security, Avesco Rent shall have the right to terminate the Contract with immediate effect and take possession of the Rental Object. The Customer shall be responsible for returning the Rental Object to Avesco Rent’s shop at its own expense.
      2. If the Customer has gone into receivership and it terminates the Contract in accordance with the Restructuring of Enterprises Act, the Customer shall be obligated to compensate Avesco Rent for the early termination of the Contract by paying the expenses necessarily incurred for the purposes of returning the Rental Object and an amount equivalent to the hire charge of six (6) months (or the remaining contractual hire charges if the remaining rental period is shorter than six (6) months), which is deemed equitable compensation for the damage incurred by Avesco Rent.
      3. If the Customer negotiates voluntary payment arrangements with its creditors or is otherwise proved to be insolvent, Avesco Rent shall have the right to, at its discretion, terminate the Contract or require a security referred to in paragraph 4.2. If Avesco Rent terminates the Contract, the Customer shall be obligated to return the Rental Object to Avesco Rent’s shop at its own expense.

14. FORCE MAJEURE

Avesco Rent shall not be obliged to fulfil its contractual obligations if a natural obstacle, fire, machine failure or a comparable breakdown, strike, lockout, war, mobilisation, export or import ban, lack of means of transport, cessation of production, unavailability of the Rental Object or other equipment, traffic disruption or any other impediment beyond Avesco Rent’s control prevents the delivery of the Rental Object or parts thereof or renders it unreasonably difficult or entails unreasonable additional costs for Avesco Rent. Avesco Rent shall be entitled to refrain from performing its duties to the extent a force majeure event prevents the fulfilment of Avesco Rent’s contractual obligations. Avesco Rent shall not be liable to compensate the Customer for any damage caused by failure to fulfil the contract. In the case of a force majeure event, Avesco Rent shall have the right to terminate the Contract by notifying the Customer.

15. CUSTOMER DATA

Avesco Rent registers customer data on Avesco Rent’s customer data system. When processing personal data Avesco Rent complies with the applicable data protection regulation.  The personal data is processed in accordance with the privacy policy found here.

16. OTHER

  • 16.1 Communication

        1. The Customer shall send all the written communications by digital means or by letter, to Avesco Rent´s address specified in the Contract or provided by Avesco Rent in writing on a later occasion. 
        2. Avesco Rent uses in its communication to the Customer the Customer´s address specified in the Contract or address provided by the Customer later. The Customer shall always notify Avesco Rent of its change of address without delay.
  • 16.2 Transfer of Contract

The Customer shall not have the right to transfer the Contract to a third party without Avesco Rent’s written consent.
  • 16.3 Applicable law and jurisdiction

      1. The Contract including these Terms and Conditions are subject to laws of Finland, without its choice of law rules.
      2. All disputes related to the Contract shall be resolved by the District Court of Avesco Rent’s domicile as the first instance.
  • 16.4 Revision of these Terms and Conditions

Avesco Rent shall be entitled to revise these Terms and Conditions. New terms and conditions and/or revisions to these Terms and Conditions shall enter into force on a date specified by Avesco Rent.

 

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