General terms and conditions of lease

(valid from December 1, 2022)

(Landlord: Podesty.Rentals Sp. z o. o. with its registered office in 41-219 Sosnowiec, ul. Stefana Banacha 11, KRS 0000559749 NIP: 6462937968, REGON: 361585475, hereinafter referred to as the “Company”, “Landlord” or “PR”)

1 – GENERAL PROVISIONS

1.1.      The general conditions specified in these GTC apply to all rental services concluded by the Company with the Tenant, unless the parties decide otherwise.

1.2.      The Tenant may appoint a representative to conclude the contract, whose details are indicated in the Lease Agreement. By signing the lease agreement on behalf of the Tenant, the Attorney confirms that he or she has a power of attorney and accepts joint and several liability with the Tenant for all statements made on behalf of the Tenant. In addition, he is liable for the delivered leased item, payment of the rental fee and other charges arising therefrom, regulated in the Lease Agreement.

1.3.      The Company may condition the conclusion and implementation of the lease agreement on the Tenant’s presentation of documents confirming his identity and financial condition, to which the Tenant hereby consents.

1.4.      The transfer and return of the leased item takes place on the basis of a written proof of delivery/return document signed by the representatives of the Tenant and the Landlord – under pain of nullity. The parties allow the use of an electronic signature to sign lease documents.

1.5.      The rental rate will be charged daily, unless the parties agree otherwise.

1.6.      The rental rate will be charged daily, unless the parties agree otherwise.

1.7.      The rental fee does not include fuel costs, charging discharged batteries and transport costs. The Company allows for the possibility of delivery and collection of the leased item for a fee – according to contractual rates, on the basis of written arrangements reflected in an appropriate annotation on the delivery/return certificate or confirmation in the delivery and acceptance protocol.

1.8.      The rental fee does not include fuel costs, charging discharged batteries and transport costs. The Company allows for the possibility of delivery and collection of the leased item for a fee – according to contractual rates, on the basis of written arrangements reflected in an appropriate annotation on the delivery/return certificate or confirmation in the delivery and acceptance protocol.

1.9.      The minimum rental period for the leased item is one day, subject to the possibility of applying a different minimum period, provided that it is indicated in the proof of issue or order. If the minimum period is longer than 1 day, the Company has the right to demand rent from the Tenant for the indicated minimum period and to issue a VAT invoice for the above-mentioned amount in advance. The amount for the unused period will not be returned or compensated to the Tenant.

1.10.    The landlord publishes a price list of services on its website. The Landlord retains the right to change the prices of services without giving a reason. Changing the rates of service services does not require prior notice to the Tenant. In the event of updating the price list, the Landlord indicates the date of the last update. The price of the service indicated in the release or return document is valid until the rental item specified therein is returned, despite its change in the price list.

1.11.    The Landlord retains the right to index the prices of rental services based on the average annual inflation rate announced by the Central Statistical Office for leases lasting longer than 12 months without prior notice to the Tenant.

1.12.    The Lessor retains the right to statutory interest after exceeding the payment deadline and other costs provided for in applicable general regulations, including reimbursement of the costs of debt recovery by the company itself and by external entities specializing in such activities.

2 – TENANT’S STATEMENT

2.1.      When collecting the leased item, the tenant declares that he/she has become acquainted with its technical condition indicated in the proof of issue. Any possible comments should be entered in the issuance certificate or sent to the Landlord by e-mail no later than one day after receiving the leased item, with photographic documentation attached, under pain of omission.

2.2.      The tenant acknowledges that the leased item is free from defects and as such – at the time of delivery – is suitable for achieving the economic purpose for which it is intended. When collecting the leased item, the tenant confirms in the handover protocol that the transferred leased item meets the conditions of the order placed by him.

2.3.      The tenant is liable for any damages incurred to the rental object in connection with its transport, loading and unloading, if the transport service is not provided by Podesty.Rentals. If the leased item is delivered by the Company, the Tenant is obliged to provide conditions enabling safe loading/unloading for both the driver and the leased item.

2.4.      In the event of the Tenant’s absence when returning the leased item, the Tenant is obliged to indicate the person authorized to acknowledge the return. If an authorized person is not indicated, the Company will carry out unilateral acceptance, and the Tenant loses the right to question the circumstances found during the acceptance.

2.5.      The Tenant authorizes the Company to issue VAT invoices without the Tenant’s signature and send them electronically to the e-mail address provided by the Tenant.

2.6.      The Tenant authorizes the Company to issue VAT invoices without the Tenant’s signature and send them electronically to the e-mail address provided by the Tenant.

2.7.      All technical activities, including installation, commissioning or assembly of the leased item, are carried out by the Tenant on his own and at his own expense. Installation, assembly, transport or transfer of the leased item should be carried out in accordance with the attached technical and operational documentation, with particular emphasis on occupational health and safety rules.

2.8.      The tenant will use the leased item personally or using its own employees with appropriate qualifications for the equipment. The tenant has no right to sublease the equipment for a fee to other entities without the consent and knowledge of Podesta.Rentals. Subletting without the written consent of Podesta.Rentals constitutes the basis for immediate termination of the lease agreement and any resulting costs are fully borne by the Tenant.

3 – RENTAL RENT

3.1.      The Landlord may make the execution of the Tenant’s order conditional on providing security in the form of a cash deposit or another deposit agreed with the Landlord. The deposit secures any partial or total claims of the Landlord against the Tenant. The Company undertakes to settle the deposit within 30 days from the end of the contract and after settling all amounts due to the Company. The deposit may only be returned to the Tenant in the same form in which it was accepted. A deposit paid by an entity other than the Tenant’s details will not be accepted and will be returned to the payer.

3.2.      The rent is charged for the duration of the lease agreement. The amount of rent is each time set by the parties in accepted commercial offers with validity dates or in the proof of delivery and receipt of equipment.

3.3.      The rent is charged for the duration of the lease agreement. The amount of rent is each time set by the parties in accepted commercial offers with validity dates or in the proof of delivery and receipt of equipment.

3.4.      The rental fee does not cover damage caused by external factors, including events such as damage to lighting, windows, mirrors, control cables, cracks and tire damage.

3.5.      Changing the rental period may result in a change in the rate of rental fees, this applies in particular in the case of shortening the rental period or extending the lease beyond the service period specified in the offer.

3.6.      The rent rate is unchanged for the lease period declared in the proof of issue, subject to point 3.5 and 1.11 and 1.12 OWN.

3.7.      The transport service is an additional service, the cost of which is specified in the rental offer or delivery/return protocol. Delivery or collection of a larger number of machines or aluminum scaffoldings than specified in the accepted rental offer results in an increase in the cost of transport corresponding to the changed quantity.

3.8.      The parties unanimously declare that the agreed rental fee was established on the assumption that the rented machines will work up to 8 hours a day. Excessive wear of the equipment, i.e. more than 8 hours a day or the operation of the device on days off confirmed based on the GPS report, will result in charging the Tenant with additional rent fees, the rate of which will be proportional to the daily rental price. The Lessor is not responsible for the inability to perform the work due to unfavorable temperature, rainfall and other natural phenomena and random events.

3.9.      In the event of a delay in payment of the rent exceeding 14 days, the Company has the right to terminate the contract with immediate effect. In such a case, the Tenant is obliged to immediately return the leased item on his own and at his own expense to the nearest branch of the Lessor.

3.10.    A delay in payment of more than 7 days from the due date may result in electronic blocking of the possibility of using the machine until the Lessee settles the arrears in full. The tenant has no right to deduct the rent for the device disabled in this way. A delay in payment of more than 7 days from the due date excludes the discount for electronic service and timely payment in the next invoice.

3.11.    A delay in payment of more than 7 days from the due date may result in electronic blocking of the possibility of using the machine until the Lessee settles the arrears in full. The tenant has no right to deduct the rent for the device disabled in this way. A delay in payment of more than 7 days from the due date excludes the discount for electronic service and timely payment in the next invoice.

3.12.    The use of parking rates other than standard ones is allowed only at the request of the Tenant. The Landlord has the right to refuse to charge parking rates without giving a reason.

3.13.    The tenant is obliged to notify the termination of the lease in writing under pain of nullity.

3.14.    The return of the leased item takes place only during the working hours of the Company’s branches.

3.15.    The return of the leased item should take place in conditions enabling its collection from the place of work, in the presence of the Tenant or his representative.

3.16.    The Landlord retains the right to charge the rent until the end of the next full day from the moment of receiving information about the check-out of the leased item. In the case of check-out received on Friday, the landlord retains the right to charge the rent up to and including Monday.

3.17.    The Tenant is responsible for the subject of the lease until it is handed over to the Landlord. Information about check-out does not release the Tenant from liability for the subject of the lease and its components (including the controller), including its possible operation or use by third parties. The tenant will be charged rent if his work is found after his check-out. The landlord allows the possibility of electronically blocking the leased item after check-out. The Tenant should submit such an instruction to the Landlord in writing.

3.18.    The return receipt is a document confirming the return of the leased item. Any defects, including those invisible or not reported by the Tenant, will be indicated in the service report within 5 business days from the date of return of the leased item.

3.19.    The implementation of a new order for the Tenant depends on the settlement of all due obligations towards the Lessor.

3.20.    The documents will be sent electronically to the addresses indicated in the table included in the Agreement. Documents sent in this way are deemed to have been delivered. Changes to contact details must be made in writing under pain of nullity. An email sent from/to the address indicated in the Agreement is considered to be in writing. Electronic payment processing, including access to the electronic customer service system, is a paid service according to the price list published on the Lessor’s website. Payment for rental services on time entitles you to a discount for electronic services.

3.21.    In the event of failure to return the leased item on the agreed date or after the termination of the contract by the Landlord, the Landlord acquires the right to charge a double rental rate for each day of non-contractual use of the leased item by the Tenant.

3.22.    In the case of a lump-sum monthly settlement of rental services, the Tenant is not entitled to a refund for the unused period for which the fees were charged. The flat rate is calculated only in advance and does not include insurance, transport, assembly, fuel, charging of empty batteries and paid service.

3.23.    The parties agree that due to the fact that the Agreement is of a framework nature, payment for individual orders will be treated as partial payment (the monetary benefit will be paid in parts).  As a result, the Company will be able to claim compensation from the Tenant referred to in Art. 10. section 1 of the Act on Counteracting Excessive Delays in Commercial Transactions from each part of the delayed performance, which the Tenant accepts.

4 – RIGHTS AND OBLIGATIONS OF THE LANDLORD

4.1.      The company is obliged to carry out repairs and inspections of the leased property that it deems necessary to maintain the leased property in proper technical condition. Maintenance inspections, in periods shorter than quarterly, performed at the Tenant’s request, are additionally paid: PLN 250.00 net plus travel at a rate of PLN 2.50/km.

4.2.      All repairs should be carried out solely by the Company.

4.3.      Repair time will depend on the type of fault or damage. The Company will exercise due diligence to remove the failure and repair the leased item as quickly as possible, however, if such diligence is maintained, it shall not be liable for any damage caused by the Tenant’s inability to use the leased item in a situation where the repairs are not necessary repairs borne by the Lessor.

4.4.      The Tenant should send the application protocol by e-mail to the Landlord.

4.5.      In the event of a defect in the subject of the lease resulting from the fault of the Tenant, he will be obliged to repair the resulting damage and to cover the full costs of arrival and service work incurred by the Company.

4.6.      If the Tenant unjustifiably calls a service technician, he or she will be obliged to bear the costs of the service’s travel and the current rate for the service technician’s man-hour, published on the company’s website or indicated in the release/return document.

5 – RIGHTS AND OBLIGATIONS OF THE TENANT

5.1.      The Tenant is obliged to immediately inform the Company in the event of any claims to the leased subject by third parties.

5.2.      The Tenant has no right to mark the leased item with advertising materials without the written consent of the Landlord. The Tenant will be charged with the costs of removing markings made by the Tenant in the absence of the Landlord’s consent, in accordance with the price list.

5.3.      The tenant undertakes to use the leased item with due care in accordance with health and safety rules and other regulations contained in applicable regulations and equipment operating instructions.

5.4.      The tenant is obliged each time to inform the Company in writing about a change of place of work or assembly of the leased item and obtain its written consent. In the absence of consent, the Tenant may not change the place of work or assembly of the leased item.

5.5.      The tenant is obliged each time to inform the Company in writing about a change of place of work or assembly of the leased item and obtain its written consent. In the absence of consent, the Tenant may not change the place of work or assembly of the leased item.

5.6.      After collecting the leased item, the Tenant should check its technical condition and immediately inform the Company about any comments and enter them in the proof of issue under pain of losing the right to refer to them at a later date. The lack of objections means that the leased item meets all the conditions necessary for its use. Receipt of the leased item without a signature means no objections.

5.7.      All installations of the leased item, including assembly and disassembly, are carried out under the responsibility of the Tenant, who is responsible for carrying out such installations in accordance with the instructions and health and safety rules.

5.8.      The Tenant may not assign his rights and obligations under the Agreement to a third party.

If the Tenant subleases, uses or possesses the leased item to a third party without the Landlord’s consent in writing under pain of nullity, the Company has the right to: terminate the agreement with immediate effect, collect the leased item, and the Tenant will be obliged to pay a contractual penalty in the amount constituting the equivalent of the monthly rental rate for the leased item.

6 – DAMAGE

6.1.      In the event of damage to the subject of the lease, the Tenant undertakes to inform the Company about this fact within 24 hours of its occurrence.

6.2.      In the event of damage to the subject of the lease, the Tenant undertakes to inform the Company about this fact within 24 hours of its occurrence.

6.3.      In the event of theft of the leased item, the Tenant undertakes to inform law enforcement authorities and the Company within 24 hours of the event.

6.4.        If the Tenant concludes the insurance contract independently, the Tenant undertakes to submit the insurance policy and participate in the settlement of the loss in accordance with the insurance company’s procedures.

7 – INFORMATION OBLIGATION

7.1         The administrator of personal data is Podesty.Rentals sp. z o.o. with its registered office in 41-219 Sosnowiec, at ul. Stefana Banacha 11. Tel: 327 500 220, e-mail: biuro@podesty.rentals

7.2      The administrator of personal data is Podesty.Rentals sp. z o.o. with its registered office in 41-219 Sosnowiec, at ul. Stefana Banacha 11.

7.3        Personal data will be processed only for purposes related to the performance (including settlement, documentation) of the concluded contract, i.e. pursuant to Art. 6 section 1 letter b GDPR.

7.4        The data will be stored for the period resulting from the applicable legal provisions (e.g. the Accounting Act) and/or the expiry of the limitation periods for claims arising from the concluded contract.

7.5        Personal data will not be transferred to third countries.

7.6        Personal data will not be transferred to third countries.

•            access to your personal data, rectification, deletion or limitation of processing, as well as data transfer,

•            submit a complaint to the supervisory authority,

•            a written, substantiated request to discontinue data processing due to your special situation,

•            to withdraw your consent at any time; Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

7.7        Your personal data is not subject to automated decision-making or profiling.

7.8        Providing data is a condition for concluding a contract. Failure to provide data will result in the inability to conclude the contract.