General conditions of rent, sale and delivery of ES-PO Eco Products SL.
A) These terms and conditions will apply to all requests for quotes, offers and agreements, whenever these terms and conditions have not been expressly modified by both parties.
B) ES-PO Eco Products SL, hereinafter the “lessor or seller”, expressly rejects the applicability of any other terms and conditions of the other party, hereinafter the “client, tenant, lessee or buyer”.
2. Quotation requests and validity of the offers.
Any quotation or estimate communicated by the “lessor” to the “lessee” will have a merely informative, non-binding character, being necessary for it to become valid, that the “lessee” confirm his order and that it is expressly accepted by the “lessor” .
The mere placing of an order and / or, where appropriate, its confirmation by the “lessee” after receipt of the proposal, quote or estimate from the “lessor”, will automatically imply the ratification by the “lessee” of these Conditions of Hiring and waiving any others.
A) An order can only be considered concluded and binding after the express acceptance of the “lessor”.
B) For any change in the order proposed or requested by the “lessee” to be binding on the “lessor”, it will be necessary for the latter to have expressly accepted it, mentioning where appropriate the new delivery period.
The delivery time will be that which is expressly stated by the “lessor” when accepting the firm order made by the “lessee”.
5. Transportation and assembly
A) The products will be delivered to the “lessee” in the warehouses of the “lessor”, in such a way that it will be at that moment that the risk of the products will be transferred to the “lessee”, the latter taking charge of the transport from the warehouses of the «lessor».
However, at the choice of the “lessee”, the “lessor” may manage the transport, which will always be carried out at the expense and risk of the “lessee”.
B) If the “lessor” had taken care of the transport, the rented items are delivered on the ground floor.
C) The loading / unloading area must be easily accessible for the lessor’s vehicles.
D) The transport costs will always be borne by the “lessee”, so the “lessor” will inform the “lessee” of the cost when accepting your order.
E) If the loading / unloading takes more than 30 minutes, the associated additional costs will be charged separately to the tenant, unless the delay is attributable to the lessor.
F) At the end of the period of validity of the rental of the products, they must be returned to the “lessor” in their warehouses in perfect condition, with the only wear produced by the correct use of the same.
G) At the choice of the lessee, the lessor may take care of the removal of the products from the lessee’s facilities, the latter being responsible for the transport costs. In these cases, the rented items must be ready for removal and transport, on the ground floor, easily accessible for the lessor’s vehicles, starting at 8:00 in the morning of the day after the end of the rental period. , packed in the same way they were delivered (in the container with wheels, in boxes, on a pallet, etc).
H) In the absence of an agreement to the contrary, the assembly and disassembly of the rented products will be carried out by the lessee.
H) At the request of the lessee, the lessor may take charge of the assembly or disassembly, the lessee being responsible for the costs associated with said service. For this, the lessee must request the corresponding budget for the assembly and / or disassembly service, the lessor must communicate the cost associated with it and the lessor must expressly accept the cost of this in accordance with the reference in the budget.
A) An order accepted by the lessee will be binding on both parties, so that neither party may cancel it without the prior and express consent of the other party.
B) For the cancellation of an order already accepted by the lessor, it will be necessary for the tenant to request it expressly, for the lessor to authorize it with an indication of the cost / compensation corresponding to said cancellation and for the tenant to expressly accept it. To determine the cost / compensation for cancellation, the period in which the goods have been reserved for the lessee, the opportunity cost, and the damages that said cancellation could cause to the lessor, will be taken into account, among other aspects, taking into account in any case the day of cancellation.
C) In those cases of cancellation of accepted orders, in which the tenant has made a payment on account (deposit) and it is higher than the cost / compensation for the cancellation previously exposed, the differential of the deposit or payment will be refunded in favor of the tenant.
7. Liability and damages
A) During the rental period, the lessee assumes all risks derived from the use and custody of the rented products. The tenant will be responsible for any damage or wear caused to the rented products, except for those direct consequence of wear and tear due to the ordinary and correct use of the rented products.
B) During the rental period, the tenant is responsible for loss, damage, breakage and any impairment in the quantity and / or quality of the rented products.
C) The period of validity of the rental will begin at the same moment in which the rented product leaves the premises of the lessor.
D) The lessee is obliged to immediately report to the lessor any damage suffered in or by the rented products.
8. Force majeure
A) When unforeseen circumstances or force majeure occur that reasonably affect the fulfillment of the obligations of either party, the breach of these will not give any right to the other, nor will it entail any negative consequences for the breach, and the fulfillment of said obligations to the new circumstances resulting from the referred fortuitous event or force majeure.
B) By “force majeure” in the sense of this article, it will be understood as any circumstances that prevent or hinder the fulfillment of the obligations of the parties and that cannot be attributed to them. This will include pandemics, wars, strikes, personnel illnesses, transport interruptions, storms and other exceptional meteorological circumstances, fires, as well as any other circumstances promoted, caused or aggravated by any third party that prevents or hinders any of the parties from adequate compliance. of your obligations.
9. Notification of defects in the rented products.
The tenant has the duty to notify the lessor immediately and never later than the day following receipt of the leased products, any visible and apparent defect or damage to / from the products. The breach of this obligation by the lessee will eliminate any right of the latter to any claim and it will be presumed unless proven otherwise that any flaws or damages will be exclusively attributable to the lessee.
10. End of the lease
A) Once the rental period has elapsed, the tenant will deliver the rented products to the lessor clean and in the same conditions in which they were provided.
B) If the lessee does not return the rented products in the agreed terms and deadlines, as a criminal clause expressly agreed by the parties, in order to avoid the landlord’s breach in the return of the leased products, as said obligation is understood as essential, the The lessee shall be obliged to compensate or indemnify the lessor with triple the proportional amount corresponding to one day of leasing for each day or part of the day of delay in which the items have not been delivered to the lessor under the agreed conditions, as well as all those costs as a consequence of this are generated to the lessor.
C) Upon returning to the lessor’s warehouse, the lessor will carry out a review and count of the rented material. The lessee has the right to be present at said event. The count and review in the lessor’s warehouses will be binding on the parties.
D) If at the time of return items are missing or damaged, in poor condition or not adequately cleaned, the lessee is obliged to face the costs of replacement, repair or cleaning, as well as to compensate the lessor with the same amount provided in section B) above, for the time that said products have not been available to the lessor for their proper exploitation and / or marketing.
11. Specific terms for the case of purchase of products by the lessee.
Apart from the application of the terms and conditions set forth above, in the event that the lessor buys products from the lessor, the following conditions apply. The lessor will be identified as the seller and the lessee as the buyer.
If the buyer chooses the option “ Disinfection table ”, he agrees to use the disinfectant gel provided by the seller and which will appear on the budget and invoice.
12. Obligation of the lessee / buyer to receive the products.
The Buyer is obliged to receive the purchased items immediately, as soon as the seller has them at his disposal. At that time the term of the lease will begin and all risks will begin to be borne by the buyer. Until the tenant takes possession of the products, they will be stored by the lessor / seller at the risk of the tenant / buyer.
13. Transfer of ownership of the products sold.
The seller will be the owner of the products until the buyer has paid the purchase price and, where appropriate, the interest and other costs or expenses that may have been caused to the seller, at which time the property will be transferred in favor of the buyer.
A) Unless otherwise agreed, all payments must be made in cash and upon expiration, in accordance with the terms agreed in each case. Therefore, until the tenant / buyer has fulfilled all of their financial obligations, the lessor / seller will not be obliged to deliver the leased / sold products.
B) The delay in the payment of any economic obligations of the lessee / buyer will accrue a default interest equivalent to the legal interest of the money increased by 12 points.
C) In the event of default by the tenant / buyer, all costs or expenses incurred by the lessor / seller, including those of a lawyer and solicitor, will be at their risk and expense, although neither one nor the other is mandatory, with a guaranteed minimum of € 350 for the purposes of covering administrative and management costs of the lessor / seller’s staff.
A) Rental prices will be calculated and budgeted individually per leased product.
B) Unless expressly stated otherwise, the budgeted amounts do not include transport, or assembly / installation, and all amounts in VAT and other taxes that result in each case of application must also be increased.
C) All the services interested by the buyer related to transport, installation or advice must be previously budgeted by the lessor / seller and accepted by the lessee / buyer, with the understanding that if as a consequence of the same displacements of personnel or working hours at different times than usual, a surcharge will be passed on.