Area of application of the rental terms
These terms apply in all contractual relationships between Sørby Utleie AS and clients of Sørby Utleie AS’s rental equipment. In order for divergent terms to be valid, they must be recorded in writing and attached to these terms. Updated terms are available at any time on our website. www.sorbyutleie.no and are considered accepted by the client if the rental object is used by the client without objections to the owner.
Calculations of the rental period
The rental period runs from the agreed time, on which and including the day the rented equipment is delivered or made available by the owner. The rental period runs until the day when the equipment is returned to the depot, or is canceled to the owner. Cancellation in advance cannot be agreed when ordering. Returns or cancellations must be made before 08:00 if you are not to be charged for the current day.
Cancellation cannot be dated back in time. The rental period is calculated for workdays on machines. If the equipment is used outside workdays, this is registered via GPS and additionally invoiced. Equipment such as electricity, barracks, heating, scaffolding and similar equipment is invoiced 7 days per week regardless of use. Downtime caused by normal wear and tear, which amounts to more than 10% of gross rental time, shall not be charged to the client. The rental period runs in the event of a stoppage caused by the client’s incorrect use until the fault has been rectified.
Prices are set after a normal workday of 8 hours. Usage beyond 8 hours per day or on weekends is invoiced regardless of the agreed monthly rent. Necessary maintenance such as expert inspection, service and repairs can be performed by the owner during the rental period.
Delivery and return
Risk and responsibility for the equipment is transferred to the client from the time the equipment leaves the owner’s custody until it is returned to the owner’s custody. The owner may, however, designate another return location, if this does not incur additional costs for the client. The owner is obliged to hand over the equipment cleaned and in full operational condition. The owner is responsible for ensuring that the equipment is ready for operation and maintained upon delivery. Ordered equipment must be picked up at the agreed time. In that case, the owner will charge rent from and including the agreed pick-up time, until the renting is terminated as a result of an agreement, termination or termination of the agreement, or other legal basis. If the delivered equipment deviates from what has been agreed upon, it is the client’s responsibility to immediately notify the owner, who in turn can grant a replacement or make other corrections.
The client is responsible for the equipment being returned in fully operational and cleaned condition, without any damage. Defects in the equipment, apart from normal wear and tear, will be repaired by the owner at the client’s expense upon return. Preparation/return check is performed after the end of the lease and is charged to the client.
Deadline for complaints
Upon delivery, the client must check whether the equipment is in contractual condition. Any defects must be reported to the owner during the day of delivery, if there is a need for complaint. Complaints regarding invoices must be sent in writing within 7 days of receiving the invoice.
What the lease includes
Included in the rent are the following benefits from Sørby Utleie AS: Allocation of the capital and investment risk the equipment represents. Preventive maintenance and safety inspections. Repairs due to normal wear and tear.
The client covers separately: Expenses for fuel and possible refilling of engine oil, antifreeze etc. Repairs due to puncturing. Transport costs from place of delivery to place of return. Cleaning of equipment before return and in connection with pre-agreed preventive maintenance. Repairs of any damage. Insurance (see point 6).
Liability, insurance and damages
The client is responsible for all damages and losses related to the use of, or damage caused by, the equipment. The client is responsible for any property, personal and consequential damages that the equipment and its use may cause to the client or a third party. Damage or loss as a result of theft / burglary that is not covered by the owner’s casco insurance is the client’s responsibility as well. The client is also financially responsible for ensuring that the rental object is secured in accordance with the insurance company’s requirements.
The equipment is insured via the owner in the following way:
Insurance covers fire (incl. explosion and lightning), along with casco damage that suddenly and unforeseen affects the equipment which, when delivered to the client, was fully operational. The equipment is covered during use, transfers and during inactivity at the construction or work site.
Owner’s insurance does not cover:
Client’s own transport of the rental object. Damage caused by gross negligence. Damage due to use in violation of the owner’s regulations / user guide. Damage due to lack of inspection, refilling of antifreeze, oil, water, etc. Damage due to leaks on third party or client’s property.
Measures to prevent theft/burglary are the client’s responsibility. The client is financially responsible for ensuring that the rental object is secured in accordance with the insurance companies’ requirements for burglary protection, ref. B2, requirements that apply to the construction site.
In the event of damage, the owner must be notified immediately. When damage has occurred, the client is obliged to, if possible, help limit the damage. Remuneration for insurance is charged to the client with 5% of the gross rental price.
Deductible of 15,000 NOK in case of damage is charged to the client.
Supervision and use of the equipment
The equipment is to be used within Norway’s borders. The equipment shall only be used for such work tasks and under such working conditions as it is intended for. For example, the equipment must not be used for sandblasting, in salt water or in other corrosive environments. The client is also obliged to supervise the equipment and ensure that the equipment during the rental period is only used by personnel who have received training in its use, and thus have the necessary skills to treat the equipment correctly and avoid damage and exposing themselves or others to danger. The client is obliged to follow instructions regarding the use of the equipment. The specified capacity of the equipment must not be exceeded.
The client is obliged to ensure that the equipment is protected from unauthorized persons, as well as unnecessary external influences. For use by workers who deal with special environmental loads, this must be agreed upon in advance, so that special preventive measures can be taken. Price for protection will be stated upon request. In order to prevent unnecessary downtime/repairs or that dangerous situations should arise as a result of the equipment breaking down, the client must check the equipment daily and, if necessary, top up with oil, antifreeze, battery water, etc.
Regulations on inspection and maintenance can be specified in writing. If the equipment does not work properly, it must be taken out of service immediately. The owner must be notified immediately so that the error can be corrected. When preventive maintenance is required, the client will be contacted in advance by the owner, so that an appropriate time for this work is agreed upon. The client must not make any changes or modifications to the equipment in any way. The owner has the right to inspect the equipment at all times, and the client must keep the owner informed of where the equipment is being used during the rental period.
Without the consent of the owner, the client may not sublease, or transfer the rights under this agreement to others, or make any legal dispositions (transfer, pledge, etc.) of the equipment.
Terms of payment
Follow-up of all our invoices is left to Finexa. In the event of late payment, a fees in accordance with Section 3a of the Interest on Late Payment Act as well as 10.75% late payment interest calculated from the original invoice due date.
Pre-agreement rental periods of 14 days or more, will be invoiced bi-monthly. Any objections to the invoice received must be reported to the owner as soon as possible. If objections are not submitted within 10 working days after receipt of the invoice, the invoice is considered accepted by the client.
Rental conditions without pre-agreed rental period, can be terminated by the client on the current weekday before 08:00 am. The renting with a pre-agreed rental period/price runs during the agreed period, unless special terms of termination have been agreed upon. If the client fails to fulfill their obligations, including failing to pay the lease and/or any surcharges on time, and the equipment is not handled by the client with reasonable and sufficient care, the owner can terminate the agreement immediately and demand the equipment returned. The owner reserves the right to report the equipment as stolen to the police if it is not returned. The owner can terminate the agreement if the client does not carry out maintenance and repairs in a satisfactory manner.
The owner does not guarantee that the equipment in question will satisfy the client’s needs unless this has been specifically agreed. The owner disclaims any liability in connection with the renting and can thus not be held liable for losses due to absence, property, personal delay costs or consequential damages that the equipment or its use may cause to the client, the client’s employees, the use of the equipment or third parties. It is the client’s responsibility to familiarize themselves with the use and ensure that they receive the necessary training in the use of the equipment. The client also confirms that they have received a user manual for the equipment, and in cases where the client cannot read Norwegian, it is at all times the employer’s (client’s) responsibility to ensure that the manual is given in understandable language.
In the event of a dispute regarding the invoice amount, the client may not withhold more than the part of the amount that is disputed. The client will decide upon the legal district for any disputes under the agreement at the municipality where the equipment is rented from.