Article 1 – General Provisions
Any rental implies the tenant's acceptance of these general conditions. The rental of equipment and the relations with the lessor are governed by these general conditions and by the specific rental conditions determined in the quote and/or the rental contract.
Article 2 – Rental Conditions
The tenant must be at least 18 years old to rent.
For the execution of the contract, the lessor reserves the right to require the presentation of certain documents (ID, driver's license, KBIS, proof of residence), copies of which may be retained, and to demand a financial guarantee as defined in Article 17.
For companies, craftsmen, and public entities with an account, the signatory of a contract must provide proof of identity. A purchase order or signature of the delivery note binds the tenant regardless of the bearer or signatory. Billing is always made in the name of the contracting company in two copies. At the client's request, the purchase order may be attached to the invoice when it is issued in two copies. A KBIS extract less than 3 months old and a bank account details (RIB) must be attached to a request to open an account.
A deposit is also required for each rental contract. For any order cancellation more than 5 business days before the rental starts, this deposit will be refunded. The lessor reserves the right to retain this deposit as a cancellation fee for any cancellation within 5 business days or less.
Anyone in possession of equipment without a duly established and signed rental contract may be prosecuted for misappropriation or theft of equipment.
Article 3 – Place of Equipment Use
The equipment is to be used exclusively in France or in a geographical area agreed upon beforehand between the lessor and the tenant. Any use outside of France or the agreed geographical area without the explicit and prior consent of the lessor may justify the termination of the rental, possibly with the payment of a lump-sum indemnity as provided in Article 18.
Access to the place of equipment use will be granted to the lessor or their representatives throughout the rental period to ensure proper use of the equipment or for any maintenance intervention.
The tenant is responsible for defining the work rules at the site where the equipment is used and ensuring the implementation and adherence to safety instructions.
Article 4 – Equipment Availability
The lessor cannot be held responsible for any delays in availability or delivery due to reasons beyond their control, such as regulatory changes, force majeure, strikes, pandemics, nor for their consequences, and owes no compensation in this regard.
All rented equipment is deemed to comply with current regulations, particularly regarding worker safety and hygiene, in good working and maintenance condition, with any necessary accessories, user manuals, and safety instructions. If applicable, personal protective equipment is provided with the equipment. The certificate of conformity is available to the tenant and can be provided upon request.
In the absence of a specific request, the tenant is presumed to be familiar with the rules regarding the use and maintenance of the rented equipment. As the tenant is a professional, it is their responsibility to choose the equipment that meets their predetermined needs. Since the lessor has no knowledge of the tenant's project and no obligation to verify the suitability of the chosen equipment, their liability cannot be engaged in this regard.
Taking possession of the equipment transfers the legal custody of the equipment to the tenant, who assumes full responsibility for it under the Civil Code. The contract must be signed before taking possession of the equipment. Upon taking possession, the tenant verifies the delivery of these elements and the apparent condition of the equipment to make any reservations they deem necessary. In the absence of reservations, the equipment is deemed to have been delivered in good apparent condition. A non-apparent defect or technical complaint can be reported at any time during the rental and no later than 24 hours after its discovery by mail or email.
The rental contract may provide for a delivery or pickup date, as chosen by the parties. The party responsible for delivery or pickup must notify the other party in advance within a reasonable timeframe. Failure to respect the agreed date engages the contractual responsibility of the defaulting party.
Delivered or made available equipment must be subject to a delivery note or a rental contract duly signed by both parties. At the request of either party, a contradictory statement may be drawn up at the start or commissioning. If this statement shows the equipment's inability to fulfill its normal purpose, the said equipment is considered undelivered. In the absence of a contradictory statement, the equipment is deemed to be in good working condition and equipped with the necessary accessories for its operation.
If the rented equipment requires assembly and/or installation, the parties will regulate their rights and obligations by specific conditions.
Article 5 – Rental Duration
The rental takes effect when the entirety of the rented equipment is made available to the tenant, either at the lessor's warehouses or at any other location defined in the specific conditions. This start date is set on the contract or the delivery note. Upon delivery of the equipment, the risk is transferred to the tenant, who assumes material and legal custody under their responsibility. The rental and legal custody end when the entirety of the equipment is returned by the tenant to the lessor as defined in Article 14.
The expected duration of the rental, from an initial date, can be expressed in any unit of time. Any modification of this duration will be subject to a new agreement between the parties. The rental can also be concluded for an indefinite period. In this case, the notice periods for returning or collecting the equipment are specified in the specific conditions.
Article 6 – Conditions of Use
The tenant agrees to install and use the equipment reasonably, according to its purpose as determined by the lessor and current regulations, with caution, to follow the usage and safety instructions set by regulations, the manufacturer, and/or the lessor, to disseminate them to users, and to maintain it in good working order.
The tenant is responsible for verifying the nature of the ground at the usage site and complying with public domain regulations and environmental considerations. They are prohibited from making any modifications, adjustments, or transformations to the equipment. They must inform the lessor in advance if the usage conditions of the rented equipment differ so that these can be recorded in the specific conditions. This mention signifies acceptance by both parties.
The tenant is responsible for any damage resulting from improper use.
The tenant must entrust the equipment to qualified personnel with any necessary authorizations, manage it diligently, keep it constantly in good working order, and use it in compliance with regulatory hygiene and safety instructions.
For sites requiring systematic decontamination, the tenant must seek the prior agreement of the lessor and sign an amendment specifying the rental's specific conditions.
Since the rental is concluded in consideration of the tenant's person, they are prohibited from subletting and/or lending the equipment without the lessor's consent.
Any use not compliant with the tenant's prior declaration or the equipment's normal purpose gives the lessor the right to terminate the rental contract and demand the return of the equipment as provided in Article 18.
The rented equipment can be used at the tenant's discretion, unless otherwise specified in the specific conditions, for a theoretical daily duration of 8 hours. Any use beyond this time obliges the tenant to inform the lessor and may result in an additional rental fee to be defined in the specific conditions.
Outside of usage periods, the tenant agrees to secure the equipment in a safe place.
Article 7 – Transport
The transport of the rented equipment, both to and from, is carried out under the responsibility of the party performing it or having it performed by a third party.
If the transporter is a third party, the party arranging the transport pursues any claims. It is the responsibility of this party to ensure that all risks, both damage to the equipment and those caused by it, are covered by adequate insurance of the transporter and, if not, to take all necessary measures to insure the rented equipment.
The cost of transporting the rented equipment, both to and from, is borne by the tenant unless otherwise stipulated in the specific conditions. If the transport is carried out by a third party, the party arranging it must prove that it has been paid. Otherwise, the accounts between the lessor and the tenant will be adjusted accordingly.
The responsibility for loading and/or unloading lies with the party performing it. The person in charge of loading and/or unloading must, if necessary, have a driving authorization from their employer for the rented equipment.
In any case, when damage is noted upon arrival of the equipment, the recipient must immediately make the legal reservations and inform the other party so that precautionary measures can be taken without delay, and insurance claims can be made.
Article 8 – Installation, Assembly, and Disassembly
Installation, assembly, and disassembly (when necessary) are carried out by the tenant, under their sole responsibility. The tenant may request the lessor to substitute them. These operations are then carried out under the sole responsibility of the lessor. The execution conditions (timeframe, price, etc.) are set in the specific conditions. The intervention of the lessor's personnel is linked to their competence and in no case reduces the tenant's responsibility, particularly regarding safety. The tenant will take all necessary measures to ensure that the legal or manufacturer-imposed safety rules are applied.
Article 9 – Maintenance of Equipment
The lessee is required to protect the equipment against any damage and to regularly carry out, under their responsibility, routine maintenance operations, cleaning, checks, and topping up (if applicable) of oil, water, and other fluid levels in accordance with the recommendations in the manuals. To do this, the lessee must use the ingredients recommended by the lessor to avoid any mixing or risk of confusion, battery recharging, and daily checks before starting work, as per the user manual.
The lessee will carry out routine and preventive maintenance operations according to the lessor's instructions, either at the lessor's facilities or those designated by the lessor if the conditions for performing these operations cannot be met at the usage site.
If maintenance is the responsibility of the lessee, they will bear the repair costs resulting from a lack of maintenance.
The lessee undertakes to immediately inform the lessor of any anomalies detected in the equipment.
The supply of fuel or other energy is the responsibility of the lessee.
In the case of specific equipment requiring appropriate maintenance, the maintenance conditions must be specified in the special conditions.
The maintenance of equipment by the lessor includes, among other things, the replacement of common wear parts. Repairs due to abnormal wear or parts breakage caused by improper use, an accident, or negligence are the responsibility of the lessee.
The lessee is responsible for daily washing after use and proper recharging of the batteries.
The supply of fuel or other energy is the responsibility of the lessee, who will bear the cost of any disorder due to poor supply in this area.
The lessee will reserve enough time for the lessor to perform equipment maintenance. The dates and durations of interventions are mutually agreed upon. In case of equipment use on a risk site (asbestos, nuclear, polluted petrochemical, maritime, etc.), the lessor's maintenance or repair interventions will only be carried out outside the risk zone. The lessee must make the equipment available to the lessor outside the risk zone and after decontamination.
Unless otherwise stipulated in the special conditions, the time required for equipment maintenance by the lessor is an integral part of the rental period as defined in Article 5.
Article 10 – Repairs and Troubleshooting
In the event of a breakdown, malfunction, damage, or accident during the rental period, the lessee must immediately stop using the equipment and notify the lessor by any means within 24 hours. The contract will be suspended for the duration of the repair in terms of payment but remains in force for all other obligations.
If the repair duration exceeds 10% of the rental period specified in the contract, or one calendar week, the lessee has the right to terminate the rental contract, paying only the rents accrued up to the date the equipment was immobilized, excluding any damages. However, for rentals not exceeding one calendar week, the lessee has the right to immediately terminate the contract if the equipment is not replaced by the next working day (excluding Saturdays, Sundays, and public holidays) following the notification to the lessor. Termination is subject to the return of the equipment.
All repairs are carried out at the initiative of the lessor or the lessee with the lessor's authorization. However, if the repair is necessary due to proven fault of the lessee, the lessee cannot claim any of the rights recognized by this article. Consequently, the rental continues in all its effects until the equipment is restored.
Article 11 – Responsibilities and Insurances
The lessor declares to transfer to the lessee the legal and material custody of the rented equipment for the duration of the contract, subject to the clauses concerning transport. The lessor cannot be held responsible towards third parties for the material or immaterial consequences of a stop or breakdown of the rented equipment. The lessee cannot use the rented equipment for any purpose other than that for which it is normally intended, nor use it under conditions different from those for which the rental was made, or violate the usage and safety rules set by both the legislation and the manufacturer and/or the lessor.
However, the lessee cannot be held responsible for the harmful consequences of hidden defects in the rented equipment or non-apparent wear rendering the equipment unfit for its intended use. When the equipment is entrusted for repair to a third party at the lessor's initiative, it comes under the custody of that third party, and the lessee is then relieved of the responsibility for any damages caused by or to the equipment.
The lessee is responsible for damages caused to third parties by the rented equipment during the rental period.
The lessee must be covered by "Corporate Liability Insurance" for damages caused to third parties by the rented equipment.
The lessee is responsible for damages caused to the rented equipment during the rental period, with the damage being assessed based on the catalog value of the equipment from the manufacturer or a valuation certificate from the lessor on the day of the incident.
Article 12 – Violations
The lessee remains solely responsible for violations committed by them or their agents during the rental contract and bears the penal, civil, and fiscal consequences. They will reimburse the lessor for any costs that the lessor may have incurred on their behalf upon justified request. The lessor may provide authorities with the lessee's personal information.
Article 13 – Tests and Inspections
In all cases where the current regulations require tests or inspections of the rented equipment, the lessee is required to make the equipment available to the control body.
The cost of periodic regulatory inspections remains the responsibility of the lessor.
If a periodic inspection reveals the equipment's unfitness, it has the same consequences as a failure (see Article 10).
The time required to carry out tests and/or inspections is an integral part of the rental period, up to a limit of half a working day.
Article 14 – Return of Equipment
At the expiration of the rental contract, possibly extended by mutual agreement, the lessee is required to return the equipment in good condition, taking into account normal wear and tear inherent to the duration of use, cleaned, and with a full tank of fuel/energy, if applicable. Otherwise, the cost of restoring the equipment and supplying fuel/energy will be charged to the lessee.
The equipment is returned, unless otherwise agreed by the parties, to the lessor's depot during the lessor's opening hours.
The lessor must be informed of the availability of their equipment by email or other written means whenever the contract specifies that the lessor will collect the rented equipment. The lessor must retrieve the equipment within 5 working days. During this period, the lessee retains legal custody of the equipment. A return receipt is issued by the lessor, indicating the date and time of return and any reservations deemed necessary, particularly regarding the equipment's condition.
The return of the equipment terminates the legal custody of the equipment held by the lessee. When the return transport of the equipment is under the lessor's responsibility (art. 7), legal custody ends when the lessor or the transporter takes possession of the equipment.
In the absence of an amicable agreement on the reservations, they are recorded on the return receipt. An arbitrator, mutually agreed upon by the parties, is then called upon. If it is impossible to appoint this person, the lessor is entitled to call upon an expert appointed by the summary judge or a judicial officer.
In the event of the equipment being reclaimed by the lessor, the lessee remains bound by all contractual obligations until the equipment is recovered.
In the event of non-return of all the equipment, and after formal notice and the deadline for return specified in the formal notice letter, the missing equipment will be invoiced at its new value, according to the rate in effect on the non-return date.
In the case of sites requiring systematic decontamination, the return of the equipment is subject to the lessee providing a decontamination certificate. Failing this, the rental continues.
Article 15 – Rental Price
Regardless of the duration of use mentioned in Article 5, the price is generally set per unit of time for each rental, with each commenced unit of time being due, up to a maximum of one day.
The usual time units are:
- the working day, business day, or calendar day,
- the week,
- the full month.
Unless otherwise specified, rent is accrued daily. The equipment is rented for a minimum period of one day. Weekly rental duration is normally calculated in business days (Monday to Friday). The renter must notify the lessor in advance and in writing if they wish to use the equipment on Saturday, Sunday, or a public holiday, except for equipment with rates indicated in calendar days. Any period commenced is payable. The rental contract ends on the day before for any equipment returned to the lessor’s warehouse before 8:00 AM.
The rental price is increased by an environmental contribution for waste treatment, with the rate specified in the price list. The lessor reserves the right to pass on to the renter, in whole or in part, and according to current regulations, any new tax or contribution that may be imposed. It may also be agreed to charge operating expenses and fixed charges, but this must be specified in advance.
Invoices sent electronically by the lessor to the renter, in accordance with Article 289 VII 2°) of the French General Tax Code, serve as original invoices.
A renter who wishes to receive their invoices in paper format only must request this by registered letter with acknowledgment of receipt within two months of receiving them electronically. Otherwise, it is presumed that they have tacitly accepted. The same applies if the renter has paid or processed invoices received electronically. Consequently, the renter cannot claim the nullity of transactions due to the transmission of said invoices in electronic format.
Loading, transport, and unloading costs of the equipment, both for delivery and return, as well as any assembly and disassembly costs, are the responsibility of the renter. They are estimated as a flat fee by the rental contract or reimbursed at their actual cost based on the documentation provided by the lessor.
If the renter requires technical staff, whether employed by the lessor or not, the cost will be borne by the renter. The price is determined by agreement between the parties, as well as the amount for travel expenses.
If the equipment's condition requires a contradictory expert assessment, the costs of this are definitively borne by the party deemed responsible after being advanced by the claimant, unless otherwise provided by the conclusions of the assessment.
Rates are subject to annual revision without notice.
Article 16 – Payment, Late Fees, and Penalty Clause
The rental payment terms are specified in the special conditions. In the absence of a contract, payment is understood to be immediate, net, and without discount. In the case of staggered payments, non-payment of a single installment results, after an eight-day period following the sending of a registered letter with acknowledgment of receipt serving as a formal notice, in the immediate repossession of the rented equipment, with all return costs as defined in the previous articles remaining the responsibility of the renter.
In addition to the agreed-upon late fees, eight days after the sending of a formal notice, any overdue debt will be increased by a flat amount or percentage to be specified in the special conditions. Late invoices may be subject to interest at a monthly rate of 1%. Under the penalty clause, the lessor reserves the right to add to the amount due, a compensation fee of 15% with a minimum of 100 euros for transferring the case to legal proceedings, without prejudice to any other procedural costs if applicable. In accordance with Article L.441-10 of the French Commercial Code, a flat-rate recovery fee of 40 euros for any overdue payment is automatically added to the late payment penalties.
Article 17 – Security Deposit
As a guarantee for the performance of the contract and the obligations incurred at the conclusion of the contract, the renter must deposit a security deposit with the lessor. The amount of this security deposit is specified in the special conditions of the contract. The deposit will be refunded within one month following the full settlement of the rental, and generally, any invoice or amount remaining due related to this transaction, provided that the rented equipment is returned in good condition. The lessor reserves the right to offset the security deposit against any sums remaining due from the renter. The amount of the security deposit does not limit the renter's financial liability, which may extend beyond the deposit amount.
Article 18 – Termination
For rentals of a fixed duration, in the event of a breach of these general terms, the rental may be terminated, if deemed appropriate by the lessor, at the renter’s expense and fault. This termination will occur after an eight-day period following the sending of a registered letter with acknowledgment of receipt serving as a formal notice. In this case, the renter must return the equipment or allow it to be collected. The obligations resulting from Article 14 remain fully applicable.
In the event of non-presentation or non-return of the equipment, at the end or during the contract, the lessor may bring the renter before the judge of interim measures at the location of the equipment to seek an order for the immediate return of the rented equipment.
In the event of termination of the rental contract by the renter, for any reason other than Article 10 of these conditions, the renter accepts a revision of the rental rate applied initially based on the actual rental duration. Otherwise, the lessor will receive compensation equal to half of the remaining rental.
For rentals of an indefinite duration, if the renter breaches these general conditions, the rental may be terminated by the lessor, eight days after sending a registered letter with acknowledgment of receipt serving as a formal notice. In this case, the lessor may claim compensation equal to three months of rental after the equipment is returned.
Article 19 – Lessor's Eviction
The renter is prohibited from assigning, pledging, or mortgaging the rented equipment, subletting, lending, or disposing of it in any manner without the prior written consent of the lessor. If a third party attempts to assert rights over the equipment, in the form of a claim, opposition, or seizure, the renter must immediately inform the lessor.
Neither the ownership plates affixed to the rented equipment nor any inscriptions on it should be removed or altered by the renter. The renter may not add any inscriptions or markings to the equipment without the lessor’s permission.
Article 20 – Business Losses
For any reason, business losses, whether direct or indirect, are never covered by the lessor, including those resulting from damage to the equipment.
Article 21 – Intellectual Property
Domain names, registered trademarks, as well as all content of the lessor's documentation (logos, texts, animations, photographs, videos, illustrations, diagrams, etc.) exclusively belong to the lessor and/or its licensors or right holders, the only entities authorized to use the associated intellectual property rights. Creating hyperlinks to the lessor's website can only be done with the prior written authorization of the lessor, who may revoke it at any time.
Article 22 – Personal Data and Privacy
The data controller (hereinafter "DC") within the meaning of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, is the lessor. The renter acknowledges that for the needs of processing data inherent to its commercial activity, order processing, customer file creation, and invoicing, the lessor may collect, use, disclose, transfer, and/or store the renter’s personal data. This data is mandatory for the indicated processing; otherwise, the lessor will not be able to fulfill the renter's orders. The creation of customer files is a processing based on the legitimate interest of the lessor to know its clients and ensure the best possible commercial follow-up. Processing related to invoicing is based on the execution of a legal obligation. This data, only when strictly necessary, may be communicated to one of the entities of the GIORDA Group, to which the DC belongs, or to potential partners of the DC for carrying out commercial, marketing, logistical, quality, administrative, audit, IT maintenance, financial, statistical, audience measurement, advertising management, advertising campaigns, and/or product rating tasks. Entities of the GIORDA Group and potential partners with whom the DC works process only the necessary data and solely for the purpose of the subcontracting. The DC commits to ensuring that data processed by the GIORDA Group entities and third parties is handled with the utmost confidentiality. The DC will retain the data for the duration of the business relationship and up to three (3) years after the last contact. Beyond this period, the data will be archived on an intermediate basis. For administrative reasons, notably regarding litigation, commercial, civil, or even tax matters, or to comply with a legal obligation, the DC will archive strictly necessary data for their purposes. This data will no longer be accessible by the DC’s operational services. After these deadlines, the data will be anonymized for statistical purposes, and the chosen method of data anonymization will make it impossible to re-identify clients. In accordance with current regulations, the renter acknowledges being informed of their right to permanent access, rectification, deletion, opposition, limitation, and post-mortem control of their information, which they can exercise by writing to the DC or sending an email to: contact@produits-giorda.com. Should the renter whose data has been collected deem it necessary, they can file a complaint with the CNIL, the supervisory authority, at https://www.cnil.fr/fr/plaintes.
Article 23 – Conciliation
Excluding disputes related to the payment of the rental price, any other dispute that arises between the parties to this contract, regarding its validity, interpretation, execution or non-execution, interruption or termination, must, obligatorily and prior to any referral to the competent jurisdiction or arbitration panel, be subject to a preliminary conciliation phase.
Article 24 – Applicable Law and Jurisdiction
The contractual relationship between the lessor and the renter is governed by French law. Any difficulty arising from the execution, interpretation, or termination of these General Conditions and the rentals arising therefrom, or more generally from the commercial relationship between the lessor and the renter, which is not resolved amicably, will be submitted to the competent courts of the jurisdiction where the lessor’s head office is located.