RADIOPARK BROKERING – RENTAL TERMS AND CONDITIONS
1 PARTIES AND SCOPE OF APPLICATION
These rental terms and conditions (“Rental Terms”) shall apply to agreements on the rental (“Rental Agreement”) of equipment, measuring instruments and other devices (”Equipment”) made available by companies owning the Equipment (“Renter”) on the online service platform provided by RadioPark Oy (“RadioPark Platform”) to companies renting the Equipment (“Customer”). By booking the Equipment on the RadioPark Platform, the Customer agrees to be bound by these Rental Terms.
The Customer and the Renter are hereinafter referred to independently as “Party” and jointly as “Parties”.
2 TERMS AND CONDITIONS APPLIED TO RENTALS
2.1 RENTAL AGREEMENT AND OBJECT OF RENTAL
The Rental Agreement is concluded between the Customer and the Renter when the Customer has booked the Equipment on the RadioPark Platform and has obtained a booking confirmation to the Customer’s e-mail address. RadioPark Oy is not a party to the Rental Agreement. These Rental Terms are an integral part of the Rental Agreement.
The object of rental covered by the Rental Agreement is the Renter’s Equipment booked by the Customer on the RadioPark Platform.
2.2 RENTAL PERIOD
The rental period is selected by the Customer when booking the Equipment on the RadioPark Platform. The rental period shall commence on the day the Equipment is collected or should have been collected by the Customer from the Renter’s premises, whichever is earlier. The rental period ends when the Equipment is returned to the Renter in its entirety or when the rental period booked by the Customer ends, whichever is later. The days of collection and return mentioned above are considered part of the rental period.
The bookings made on the RadioPark Platform are binding and cannot be cancelled by the Customer unless otherwise agreed between the Parties separately in writing.
2.3 TERMS OF DELIVERY, INSTALLATION AND DISASSEMBLY AND RETURN OF THE EQUIPMENT
The Equipment will be handed over to the Customer at the Renter’s premises identified on the booking confirmation e-mail sent to the Customer. In case the Parties agree separately that the Equipment is handed over in some other location, the Equipment is transported from the Renter’s premises to such location at the Customer’s risk and cost, unless otherwise agreed between the Parties separately in writing.
When collecting the Equipment, the Customer shall inspect the quality and condition of the Equipment. Should any defects or flaws arise during the inspection, the Customer must notify the Renter immediately when the Equipment is collected.
The Customer shall be solely responsible for the installation and disassembly of the Equipment, if needed, unless the Parties have agreed otherwise separately in writing.
The installation and disassembly of the Equipment, including the supervision of such activities, must be entrusted to competent personnel. The Renter is not responsible for the installation or disassembly, nor for the safety of Equipment structures installed by the Customer or a third party.
The Customer must promptly return the Equipment to the Renter prior to the expiry of the booked rental period, clean and packaged and in the same condition as it was at the commencement of the rental period. The Equipment must be returned to the same premises where the Equipment was collected, unless otherwise agreed between the Parties separately in writing.
Any transportation of the Equipment shall take place at the Customer’s risk and cost.
2.4 USE AND MAINTENANCE OF THE EQUIPMENT
The Customer is obligated to review and adhere to the safety and operating instructions concerning the Equipment. The Customer must comply with all safety and other instructions specified by the manufacturer or provided by the Renter. Where deemed necessary by the Renter, the Renter shall offer guidance on the proper use of the Equipment against a separate charge. The Customer must handle and use the Equipment solely for the normal purposes in a careful manner and in the conditions for which the Equipment is intended. The Customer must obtain all licenses and permits required to operate the Equipment, if any, and shall comply with all applicable laws, rules, statutes and orders regarding the use of the Equipment.
The Customer agrees that the Equipment may only be used by competent personnel of the Customer or its subcontractors who are familiar with such equipment. The individual using or operating the Equipment may not be under the influence of any substance, including alcohol or drugs.
The Equipment may only be used at operating conditions specified by the manufacturer of the Equipment. The Equipment may not be exported from or used outside Finland.
The Customer must maintain the Equipment appropriately. Any maintenance must be performed by competent personnel. The Customer may, however, not alter or modify the Equipment or open the Equipment without the Renter’s prior written consent.
The Customer must clean the Equipment after use.
The aforementioned responsibilities are in force for the entire rental period.
2.5 INSPECTION UPON RETURN
When the Equipment is returned to the Renter, the Parties will carry out a joint inspection of the Equipment or the Renter will inspect the Equipment without undue delay. Should the inspection reveal any damage to the Equipment, the Customer is obliged to compensate the damage in accordance with Section 3.3 of these Rental Terms.
3 GENERAL TERMS OF RENTAL
3.1 TRANSFER OF POSSESSION AND RISK OF LOSS
Title to and ownership of the Equipment shall remain with the Renter. The Customer shall keep the Equipment free and clear of any liens or other encumbrances and shall not do or permit any act where Renter’s title to the Equipment may be negatively affected.
The possession and risk of loss for the Equipment transfers to the Customer when the Equipment is collected from the Renter’s premises or dispatched from the Renter’s premises in case another pick up place has been agreed by the Parties separately in writing and transfers back to the Renter when the Equipment is returned to the Renter’s premises.
The Customer shall be liable for any damage to or loss of the Equipment or any part thereof during the period that Equipment is in the Customer’s possession. However, the Customer shall not be liable for the damage to the Equipment to the extent proved to have arisen out of Renter’s own negligence.
3.2 AMOUNT OF RENT AND TERMS OF INVOICING
The Customer is obliged to pay the rent for the entire booked rental period beforehand when booking the Equipment on the RadioPark Platform. In exceptional cases as outlined on the RadioPark Platform, the Customer might have the possibility to select invoicing as the payment method. The rent must then be paid by the Customer within 14 days from the date of the e-mail invoice. Interest on delayed payments accrues in accordance with the Interest Act.
The rent is determined in accordance with the price list available on the RadioPark Platform. The Renter reserves the right to change the current pricing of the rental of the Equipment.
The rent is charged by RadioPark Oy on behalf of the Renter.
If the Equipment has not been returned by the end of the rental period, RadioPark shall invoice the excess time in accordance with the then current price list on the RadioPark Platform. In case the Equipment is returned before the end of the booked rental period, the overpaid part of the rent shall not be refunded.
3.3 CUSTOMER’S LIABILITIES
The Customer is obliged to compensate the Renter for the Equipment that has been destroyed or lost during the rental period or not returned at the end of the rental period at the acquisition value of new products. This compensation does not diminish the Customer’s obligation to pay the rent for the entire rental period. The Customer is additionally obligated to compensate the Renter for any costs or damage resulting from negligent or improper handling, as well as insufficient maintenance of the Equipment.
If the Customer fails to return the Equipment in the same condition as initially supplied by the Renter, the Renter has the right to charge the Customer for cleaning and repair fees as well as material costs for operating materials and wear parts. The Customer is, however, not responsible for covering repair expenses related to normal wear and tear of the Equipment.
The Customer is solely responsible for any damage and/or costs caused to the Customer or any third party due to Customer’s use of the Equipment and the Renter shall not have any responsibility therefrom.
The Customer must take care that forces of nature do not cause damage to the Equipment. The Renter is not responsible for any damage caused to the Equipment by forces of nature including without limitation storm, flood, hard rain or lightning.
3.4 RENTER’S LIABILITIES
The Renter is only responsible for the direct damage or loss caused to the Customer due to a delay in or prevention of the delivery of the Equipment and attributable to the Renter.
The Renter shall carry out reasonable measures to ensure that the Equipment is in operational condition when handed over. In case there are defects in the Equipment when the Equipment is handed over and such defects prevent the use of the Equipment, the Customer must inform the Renter of such defects immediately when inspecting the Equipment as set out in Section 2.3 when collecting the Equipment. In case the defect preventing operation cannot, however, be observed during such inspection, the Customer must inform the Renter of the defect preventing operation immediately in writing when such defect appears. Unless otherwise agreed between the Parties separately in writing, the Customer must then return the Equipment to the Renter without undue delay. In case the defect prevents the operation of the Equipment and provided that the Renter is responsible for the defect, the Renter will refund the rent paid by the Customer after obtaining the returned Equipment and verifying that the Equipment was not in operational condition when handed over. The Renter is, however, not responsible and no refund will be made if the defect preventing operation is due to the Equipment having been at any time after hand over stored, handled, transported, installed, maintained or operated in a manner inconsistent with the manufacturer’s instructions or technical requirements or the defect having been caused by accident, neglect or events beyond the Renter’s control occurring after hand over. The Renter is also not responsible for normal wear and tear and/or for any consumables or for use or conditions affecting the operation of the Equipment which are unusual or not reasonably foreseeable in relation to the conditions of use of operation specified by the manufacturer or for any repairs, alterations or customizations of the Equipment carried out by the Customer or any third party.
Except for the limited warranty as aforesaid, the Renter hereby disclaims all other warranties, express or implied, including without limitation all warranties regarding non-infringement and fitness for a specific purpose and/or merchantability of the Equipment. The Customer has made the selection of the Equipment based on its own judgement and the Renter is not responsible that the Equipment can be used for the purpose intended by the Customer.
The Renter shall in no event be liable for loss of profits, loss of revenue, loss of production, loss of contract, loss of use, business interruption, damage caused to any other property, compensation paid to third parties, contractual penalties, or any other indirect or consequential damage or loss. The total aggregate liability of the Renter pursuant to the Rental Agreement whether in contract, warranty, indemnity, tort, or otherwise shall not exceed the amount of rent actually paid by the Customer to the Renter under the Rental Agreement. The limitations of liabilities in this sub-section shall not be applied in case the Renter has caused the damage intentionally or through a gross negligent act or omission.
3.5 FORCE MAJEURE
The Renter shall not be liable to the Customer for any delay or otherwise failing to fulfill any of its obligations under the Rental Agreement if the delay or failure is caused by circumstances beyond its reasonable control, including without limitation any delay or failure caused by fire, explosion, accident, mechanical breakdown or similar malfunction, strike, lockout, flood, drought, embargo, war, riot, natural disasters, epidemic, action of any governmental authority, general shortage of material or transportation, or the like (“Force Majeure Event”). A malfunction in the RadioPark Platform is also considered as the Renter’s Force Majeure Event.
The Renter shall have the right to terminate the Rental Agreement with immediate effect in case of a Force Majeure Event.
3.6 BREACH OF AGREEMENT
In case the Customer fails to pay any rent due or otherwise materially breaches these Rental Terms or the Rental Agreement, the Renter has the right to terminate the Rental Agreement with immediate effect and/or take possession of the Equipment without the Customer being consulted. The Renter shall have the same rights if based on the Customer’s activities or financial situation there is a weighty reason to believe that the Customer will materially fail to comply with these Rental Terms and/or the Rental Agreement. The Customer grants the Renter an irrevocable right of entry to the Customer’s premises for the purpose of the Renter to take possession of its Equipment in the above-mentioned circumstances.
The Customer is responsible for compensating the Renter for any resulting costs, loss or damage arising from the violation of these Rental Terms or the Rental Agreement by the Customer and/or the termination of the Rental Agreement and the Renter shall have the right to invoice the Customer for any such costs incurred to the Renter, including both direct and indirect loss or damage.
3.7 ASSIGNMENT OF THE RENTAL AGREEMENT
The Customer has no right to assign the Rental Agreement nor to transfer or sublease the Equipment wholly or in part to a third party without the Renter’s prior written consent.
3.8 INVESTIGATION COSTS
Should the Customer make clearly unfounded claims towards the Renter under the Rental Agreement, the Renter shall have the right to charge the Customer for any costs incurred by the Renter due to investigation of such claims.
3.9 SEVERABILITY
The provisions of these Rental Terms are intended to be severable, and if any provision or part thereof is held invalid, then the rest of the Rental Terms shall remain in full force and effect.
4 RELEASE OF RADIOPARK OY
The Parties agree and acknowledge that they are using the RadioPark Platform for facilitating the rental transaction between them at their own risk. RadioPark Platform and any other services by RadioPark Oy are provided on an “as is” and “as available” basis.
RadioPark Oy excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
The Renter and the Customer agree that this Section 4 applies to any services or transactions which take place through the RadioPark Platform and that RadioPark Oy has no liability to the Parties for the fulfilment of the Rental Agreement or using the RadioPark Platform. The Parties release RadioPark Oy from any claims, demands and damages regarding the Parties’ rental transaction, the Rental Agreement or the use of the RadioPark Platform.
5 JURISDICTION AND APPLICABLE LAW
The Rental Agreement shall be governed by and construed in accordance with the laws of Finland.
Any dispute, controversy or claim arising out of or relating to the Rental Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat or arbitration shall be Oulu, and the language of the arbitration shall be Finnish and/or English.