CGV - MEDIACO Group
1. These general terms and conditions apply to any contract for the rental of lifting equipment with operator concluded between the LESSOR and the LESSEE, who acknowledges having read and accepted them without any reservation.
2. The parties agree that any other document issued by the LESSEE, including its general terms of purchase, shall never be binding on the LESSOR.
3. The LESSOR reserves the right to supplement these general rental conditions with specific terms which shall prevail in case of contradiction.
4. When the LESSEE is not the user of the rented equipment, it undertakes to have the user of the equipment sign these general conditions. The LESSEE and the user are jointly responsible for complying with them, especially regarding the payment of invoices.
Any order placed by the LESSEE constitutes a contract of lease of things within the meaning of Articles 1709 and 1713 et seq. of the Civil Code.
2.1. Prior to placing the order, the LESSEE must communicate the characteristics and minimum performance requirements of the desired equipment, as well as the maximum working configurations to which it will be subjected.
2.2. The LESSEE must place an order for the chosen equipment in writing (letter, fax, email, etc.) to the LESSOR. The absence of a written order releases the LESSOR from any responsibility regarding delays in availability or inadequacy of the equipment.
2.3. Except in cases of force majeure and unless otherwise provided in the specific conditions, no rescheduling (or standby) or cancellation of an order can occur without the written acceptance of the LESSOR. In the absence of such acceptance, a penalty of at least half of the agreed price shall be due, with incurred expenses to be reimbursed in all cases.
2.4. In the event of proven damages resulting from a delay in the completion of the order exclusively attributable to the LESSOR, the LESSEE may apply penalty clauses as a release equal to 0.1% of the net price of the order per calendar day of delay, capped at 5% of the net amount of the order.
3.1. The equipment provided to the LESSEE and accepted by them is deemed to be in good working condition, appearance, maintenance, and possesses the characteristics requested by the LESSEE. The LESSOR undertakes to provide periodic inspection reports upon request by the LESSEE.
3.2. The equipment is made available to the LESSEE at the LESSOR's premises, or at any other location as specified in the order. The provision ends upon the return of the equipment to the LESSOR's premises or any other location specified in the order.
3.3. The LESSOR cannot be held responsible for any delays in provision due to reasons beyond its control, including adverse weather conditions, regulatory changes, delays in transportation or returns from previous rentals, force majeure, strikes, and their consequences for the LESSEE and/or third parties, and shall not be liable for any indemnity in this regard. The LESSOR disclaims any responsibility towards the LESSEE in case of delay, modifications, financial and/or operational consequences due to epidemics – such as COVID-19 or similar viral epidemics, quarantine restrictions, government decisions involving restrictions on the mobility of goods, services, or people, equipment availability, or any other event that may impact the LESSOR's business or its ability to execute the contract. However, the LESSOR undertakes to do everything possible to minimize the impacts and consequences of these events. In this regard, it shall keep the LESSEE informed of all difficulties encountered and measures implemented to minimize their effects.
3.4. The LESSEE is obligated to sign for the receipt of the equipment upon its provision. In the absence of a signature or mention of any reservation, the equipment is deemed delivered in perfect condition, particularly in terms of functionality.
4.1. The LESSEE undertakes to use the equipment as a 'reasonable person' in accordance with its intended purpose and applicable regulations, and to return it at the end of the rental period in the same condition as received, subject to normal wear and tear associated with its use. The LESSEE agrees to respect the intended use for which the equipment has been rented and not to operate it beyond its capabilities.
4.2. The LESSOR will carry out routine maintenance of the equipment: checking oil levels, water and other fluids, fuel, battery recharging, tire pressure, etc. The LESSEE agrees not to make any modifications, alterations, or transformations to the rented equipment.
4.3. The LESSEE agrees not to sublease or lend the rented equipment without the express written permission of the LESSOR.
4.4. The LESSEE is solely responsible for the use and implementation of its accessories and equipment (such as slings, hooks, pulleys, straps, come-alongs, etc.), as well as the implementation and use of all equipment and/or accessories provided by the LESSOR.
4.5. The LESSEE undertakes to comply with the regulations in force regarding hygiene and safety related to the rental. In particular, the LESSEE is obliged to incorporate specific prevention measures for the equipment into the Prevention Plan (PdP) or the Specific Safety and Health Protection Plan (PPSPS).
4.6. The mere fact that a representative of the LESSOR has conducted a site visit to assist the LESSEE in determining the most suitable equipment for future working conditions shall not engage the liability of the LESSOR, with the LESSEE remaining solely responsible in this regard.
4.7. The LESSEE shall, under its sole responsibility, determine the location where it will operate the rented equipment, as well as the routes through the construction site to reach the intervention site and depart from it. The LESSEE shall conduct, in particular, the preliminary inspection of the soil and subsoil (pressure, condition, resistance, composition, etc.), for which it remains solely responsible.
4.8. The LESSEE will conduct and formalize the adequacy assessment.
4.9. Prior to using the equipment, the LESSEE must take necessary measures to ensure that it is done safely within the installation and operation area of the equipment. This includes particularly the disconnection of electrical lines and the marking of pipelines and elements that may pose a risk.
4.10. The LESSEE must ensure the permanent presence of an operations supervisor from the arrival of the equipment at the place of use until its departure.
4.11. The LESSEE will take all measures necessary to ensure compliance with environmental regulations.
4.12. The LESSEE is prohibited from using the rented equipment for the purpose of lifting persons, a use for which the rented equipment is not intended.
In case of breakdown, malfunction, or deterioration of the equipment, the LESSEE undertakes to immediately stop its operation and promptly notify the LESSOR, under penalty of forfeiture of any warranty and/or insurance coverage. Any repair can only be carried out by the LESSOR or by a person expressly designated by them. The contract will be suspended for the duration of the repair regarding the rental cost but will remain in effect for all other obligations.
The rental prices include: the equipment, fuel, lubricants, normal maintenance of the equipment, potential operating personnel, and related additional fees such as administrative costs. They do not include any additional fees of any kind (including tolls, site visits, permit requests, signage costs, etc.), which remain the responsibility of the LESSEE.
7.1. The payment deadline is 30 days from the date of issuance of the invoice (L.441-6 of the Commercial Code).
7.2. In case of non-compliance with this payment deadline, the LESSEE shall automatically owe a late payment penalty equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, and a flat-rate compensation of €40 for recovery costs. Furthermore, the LESSOR reserves the right to suspend any new rental until full payment of its claim.
7.3. Failure to pay an invoice by the due date will immediately render any other outstanding debt due and payable.
8.1. If, during the rental period and for any reason, the equipment incurs damages requiring repairs, the rental period will be extended by the duration of the equipment's immobilization until complete repair. In this case, the immobilization compensation owed to the LESSOR by the LESSEE will be calculated based on the agreed rental price reduced by thirty percent.
8.2. In case the LESSEE is unable to use the rented equipment due to climatic reasons duly recognized by an official or professional organization, the LESSEE will benefit, from the second day of immobilization, from a thirty percent reduction in the rental price proportionate to the period of equipment immobilization due to adverse weather conditions.
9.1. Lessee's Liability.
9.1.1. Upon provision of the equipment and/or its accessories, their physical and legal custody is transferred to the LESSEE, who bears all associated risks.
9.1.2. Throughout the rental period, the LESSEE is presumed responsible for all bodily, material, or immaterial damages, both to the LESSOR and to third parties.
9.1.3. By express agreement, the operating personnel provided to the LESSEE with the rented equipment are placed under the effective authority of the LESSEE, who has complete control over the operations and to whom the subordinate relationship is transferred. The LESSEE acquires, from the provision of the equipment, the status of principal of the operating personnel.
9.2. Lessor's Liability.
9.2.1. The lessor's liability can only be incurred for damages resulting from a hidden defect in the rented equipment. The execution by the operating personnel of instructions or work given by the lessee or its representative shall in no way engage the lessor's liability.
9.2.2. The lessor's liability can only be validly incurred under the condition that the mention of the damage and the circumstances leading to its occurrence is noted on the work or rental order and confirmed by registered letter with acknowledgment of receipt within 48 hours following the damage.
9.2.3. By express agreement, the lessor's liability, for all causes combined, is limited to material damages, within the limit of the contract amount, not exceeding €150,000 (One hundred fifty thousand Euros). Accordingly, the repair of damages will be limited to these amounts, with the LESSEE and its insurers waiving any claim against the LESSOR and its insurers beyond these limits and conditions.
9.2.4. The LESSOR and its insurers cannot in any way be held responsible for any immaterial damages, including any business losses suffered by the LESSEE.
10.1. The LESSEE acknowledges having taken out, at its own expense, with one or more reputedly solvent insurance companies, insurance policies covering the civil liability it may incur due to its professional activities and the use of rented equipment, covering notably the handled goods, as well as the rented equipment at its new value.
10.2. Before any provision of equipment, the LESSEE undertakes to provide the LESSOR with proof of subscription to the policies referred to in Article 10.1 and payment of premiums.
11.1. The LESSOR reserves the right to terminate the rental contract without notice in the event of equipment misuse, non-compliance with safety regulations, or failure to meet the LESSEE's insurance obligations
11.2. In case of non-performance by the LESSEE of its obligations under the rental contract, especially non-payment of a rental installment, the LESSOR shall also have the option to terminate it after a period of eight calendar days following the sending of a registered letter with acknowledgment of receipt demanding remedy without effect.
11.3. The rental agreement shall be terminated automatically in the event of the LESSEE's cessation of activity for any reason whatsoever.
11.4. In the event of termination of the contract for any reason whatsoever, the LESSEE shall arrange for the immediate return of the equipment to the LESSOR in good maintenance condition, clean, with the same level of fuel as at the time of provision, along with its accessories and technical documentation, and shall pay seventy percent of the agreed rental price.
11.5. The LESSEE may not, under any circumstances, assign the benefits of the rental contract to a third party without the prior agreement of the LESSOR.
12.1. At the end of the agreed rental period, the LESSEE shall arrange for the return of the equipment to the LESSOR in the same condition as received at the time of provision, along with its accessories, technical documentation, and conformity certificate. In default thereof, costs for refurbishment and replacement of technical documentation shall be charged to the LESSEE upon return.
12.2. Any delay in the return shall result in the payment of a penalty at least equal to the previously fixed rent or as may be determined in the specific rental conditions.
Actions for contractual liability of the LESSEE against the LESSOR and vice versa, except for actions for debt recovery, are subject to a one-year limitation period from the day on which the event giving rise to such action occurred.
14.1. Any rental contract is subject to French law.
14.2. In the event of a dispute or disagreement regarding these general conditions or the rental contract, and in the absence of an amicable settlement to which the parties will endeavor to reach beforehand, the Marseille jurisdiction shall have exclusive competence, even in the case of third-party proceedings or multiple defendants.
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13016 MARSEILLE – FRANCE
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