STATECH s.r.o.
General Terms and Conditions of Equipment Rental
In Dolní Beřkovice, on 1 December 2021
1. INTRODUCTORY PROVISIONS
1.1. STATECH s.r.o., ID No. 274 02 975, with its registered office at Počapelská 346, 277 01 Dolní Beřkovice, registered in the Commercial Register at the Municipal Court of Prague, Section C, File 111021 (“STATECH”), hereby issues the following General Terms and Conditions of Equipment Rental (“GTC”) in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Commercial Code, as amended.
1.2. Legal matters between STATECH and legal entities and natural persons (“Renters”) relating to the rental of equipment shall be subject to the terms of the Agreement and the terms of these GTC, unless specified otherwise.
1.3. These GTC become an integral part of any Agreement and lay down a portion of its contents, unless the Agreement specifies otherwise. Deviating terms of an Agreement have priority over the terms of these GTC.
2. DEFINITIONS
2.1. The definitions and other provisions in Article 2 herein apply to the entire GTC, except for those defined in other parts of these GTC.
The Civil Code refers to Act No. 89/2012 Coll., the Civil Code, as amended.
Theft means the unlawful appropriation of the Equipment, especially as a result of theft;
Equipment refers to the equipment covered by an Agreement, which is specified in each individual Agreement;
Framework Agreement refers to the written framework agreement concluded between STATECH and the Renter, defining the rental of one or more pieces of Equipment, or the conclusion of partial Agreements and the terms thereof;
Agreement refers to a rental agreement for Equipment concluded between STATECH and the Renter under Article 3 of these GTC, on the basis of either a Framework Agreement or an individual order;
Contractual Relationship refers to the legal relationship between the Parties concerning the rental of the Equipment arising from the Agreement;
Party refers to a party to the Agreement; and
Total Damage refers to damage to the Equipment to the extent that it can no longer be repaired, or the price of the repair would be almost as high or higher than the cost of the Equipment itself.
2.2. The titles used herein are for convenience purposes only and have no impact on the interpretation of the provisions hereof.
3. CONCLUSION OF THE AGREEMENT
3.1. Upon receiving an order from a Renter, STATECH confirms the order, which represents a draft Agreement containing the specifications of the Equipment, the rental period, the rental payment and other payments (transport and handling), the place of acceptance / handover and a reference to these GTC.
3.2. Unless the Renter sends a counterproposal to STATECH in response to the draft Agreement under Article 3.1 herein, STATECH’s draft is considered accepted upon acceptance of the Equipment at the latest. The contents of STATECH’s draft becomes a part of the Agreement. For the purposes hereof, a counter proposal is any such proposal that deviates from STATECH’s original draft with respect to any addenda or deviations, but it should not fundamentally amend its conditions. The first sentence of the provisions of Section1740(3) of the Civil Code shall not apply.
3.3. Depending on the circumstances, the Agreement may also be concluded during the fulfilment of the Framework Agreement. In such a case, the terms of the Contractual Relationship are governed (in order of preference) by: (i) the Agreement, (ii) Framework Agreement, (iii) these GTC. The Framework Agreement may particularly specify a different means of concluding partial Agreements than that stated in these GTC above.
4. RENTAL PAYMENTS AND PAYMENT TERMS
4.1. The Renter shall pay rental payments at the amount applicable for the Contractual Relationship. The Renter shall be charged for transport and handling activities separately with any days of transport also considered days in the rental. Transport and handling activities shall be considered an ancillary expense to the provided rental for the purposes of VAT.
4.2. The rental payment is calculated exclusive of any fuel used. If the Renter fails to top up the fuel tanks to their initial level by the end of the rental period, the rental payment calculation shall be amended so that the total amount of the rental payment is equal to the amount defined as the product of the difference between the original and final fuel tank levels and the given price of fuel calculated on the basis of the price list published on the STATECH website (www.mateco.cz).
4.3. If the end of the operation or use of the Equipment is not reported by 3:00 pm on the previous workday, the next day (the day on which the Equipment is returned) will be charged as a rental day.
4.4. Invoices (tax receipts) will be sent to the Renter’s address. An invoice will be issued at the end of the rental period for any rental lasting less than 30 days. Rentals lasting for more than 30 days shall be invoiced for every 30 days of rental and then after the end of the rental. Invoice payment terms are 14 days from the date of issue, unless STATECH and the Renter agree otherwise. With the Renter’s consent (an agreement between the Parties) STATECH is entitled to send invoices by electronic mail only.
4.5. All amounts to be paid by the Renter hereunder or in the Agreement and representing considerations for any activities subject for VAT shall be expressed exclusive of VAT. The Renter is likewise obliged (with payment of such considerations for these activities) to pay STATECH the statutory amount of applicable VAT.
4.6. For the purposes of VAT, the Parties shall consider the rental of the Equipment to be a continuous rental, whereby the rental of the Equipment in every period for which invoices are issued under Article 4.4 herein (Invoicing Period) is considered partial rental of the Equipment Each partial rental is considered performed on the final date of the applicable Invoicing Period.
4.7. Regardless of Article 4.4 herein, STATECH is entitled, at its own discretion, to demand payment in advance before the Equipment is handed over to the Renter on the basis of a deposit invoice.
4.8. The Renter is not unilaterally authorised to set off its receivable against STATECH’s receivables. Any agreement between the parties to set off their receivables must be completed in writing. The provisions hereof have no prejudice on STATECH's right to unilaterally set off its receivables against the Renter’s receivables. STATECH is explicitly entitled to claim any payment arising from the Contractual Relationship or also to receive third-party payments in connection thereto.
5. ESTABLISHMENT, CHANGES AND TERMINATION OF THE RENTAL, HANDOVER AND RETURN OF THE EQUIPMENT
5.1. The rental is established as of the date specified in the Agreement, or otherwise on the date that the Renter accepts the Equipment. STATECH will bring / deliver the Equipment to the place and on the date specified in the Agreement and the Renter is obliged to accept the Equipment on that date.
5.2. STATECH and the Renter, or their authorised representatives, shall confirm the condition and configuration of the Equipment and the date and time the Equipment was accepted and returned by signing the handover certificate for the Equipment. The Renter is obliged to ensure that persons authorised (appointed) for this purpose are present at the place and on the date the Equipment is handed over and accepted. It is considered that the person who signed the handover certificate on behalf of the Renter and/or otherwise dealt with STATECH regarding the handover and acceptance of the Equipment was duly authorised (appointed) to do so by the Renter. The Renter cannot raise an objection against STATECH claiming that such a person was not duly authorised (appointed), unless this must have been clear beyond all doubt to STATECH, taking account of all the circumstances and while exercising due diligence. Nevertheless, an employee of the Renter will always be considered an authorised representative.
5.3. STATECH must be informed of any delay or early termination of the rental of the Equipment, at least two days before the rental is due or proposed to end.
5.4. An order may be cancelled only by 4:00 p.m. on the working day before the rental date and such a cancellation must be issued in writing (e.g. by email); STATECH is entitled to charge a cancellation fee (contractual penalty) of CZK 2,000 for the cancellation of an order after 4:00 p.m. on the working day before the rental date. If the Renter fails to comply with its obligations relating to the handover and acceptance of the Equipment or otherwise impedes the handover of the Equipment at the place and time specified in the Agreement, the Renter is obliged to reimburse STATECH for the costs at the daily rental rate for each day that the handover is delayed and for the costs of the futile transport of the Equipment to the handover site. The Renter is obliged to return the Equipment to STATECH at the place and time specified in the Agreement.
5.5. The Equipment is prepared / returned exclusively to / from a location that is accessible for the transporting vehicle and safe for loading and unloading the Equipment. The Renter is obliged to take and return the Equipment to and from the place where it is used. If there is a delay in the delivery of the Equipment during transport or unloading for reasons attributable to the Renter, the Renter shall be charged an additional fee of CZK 400 per quarter hour. The same applies to any delay in collecting the Equipment during transport or loading, especially as a result of the Renter failing to present the Equipment at the loading site, depleted batteries or empty fuel tanks.
5.6. The rental ends when the Equipment (including all accessories) is handed back to STATECH. The Renter shall provide STATECH with all the cooperation necessary for the return of the Equipment, including ensuring that authorised representatives are present upon the handover of the Equipment back to STATECH, inspection thereof and signature of the return certificate, while the provisions of Article 5.2. shall apply mutatis mutandis. By signing the return certificate the Parties particularly confirm that the final state of the Equipment matches the state of the Equipment when it was accepted by the Renter (taking account of normal wear and tear resulting from normal use), or will state any deviations from that state in the certificate. In the event of any deviations pursuant to the previous sentence (particularly if the Equipment is damaged), STATECH is explicitly entitled to take photographs of the Equipment and the Renter is obliged to provide STATECH with all the cooperation necessary for this purpose. For the purposes of this provision the Parties have explicitly agreed that the Equipment is considered duly returned when it is handed back to STATECH, particularly including the controller. If the Equipment is returned without the controller, STATECH has the right to claim payment of the rental fee until the controller is returned, including if the Equipment has already been returned including the other accessories.
5.7. Unless agreed otherwise, the Renter is obliged to inform STATECH of the date and place for the return of the Equipment adequately in advance (at least 2 working days beforehand), via the telephone and/or e-mail contact details published on the STATECH website (www.mateco.cz).
5.8. The rental period does not include periods when the Equipment is out of service due to technical malfunctions. This does not apply if such a malfunction was the result of improper maintenance or use by the Renter’s personnel or other reasons attributable to the Renter. The Renter has no right to any discount from the rental payment, nor does it have the right to give notice to the Agreement as a result of any such malfunctions as defined above.
5.9. In exceptional cases and solely with the agreement of STATECH the (original) Renter may pass on the Equipment directly to a third party – a new Renter. In such a case, the new Renter and the original Renter are jointly and severally liable for the final state of the Equipment when it is subsequently returned to STATECH (including the amount of fuel in the tank).
5.10. If the Renter or a representative authorised or appointed by the Renter is not present when the Equipment is returned to STATECH, either due to a breach of the Renter’s obligations or as agreed by the Parties, STATECH is entitled to collected and take away the Equipment itself. In such a case the rental ends no later than when the Equipment is taken by STATECH in accordance with the previous sentence. However, the situation described in this Article, or the fact that the Renter has failed to sign the return certificate, does not exempt the Renter from its obligations, nor does it limit those obligations in any way.
6. DUTIES OF THE PARTIES
6.1. STATECH is obliged to hand over the Equipment to the Renter in good technical condition and at the date, time and place specified in the Agreement.
6.2. For rentals of Equipment without operators, the Renter is obliged to ensure that the Equipment is used in accordance with the user manual and the valid ČSN 275004 (EN280) standard, if relevant. The Renter undertakes to secure qualified operators for the Equipment who possess the required written authorisation (operator licences) and who will follow the safety regulations defined for the use of the Equipment and who are trained to work on the Equipment.
6.3. The Equipment may only be used for its intended purpose. Any use to lift loads or to pull wiring or cables is prohibited. The Renter is obliged to allow STATECH’s authorised representatives to access the Equipment at any time for the purposes of ensuring that the Equipment is used under the terms of the Agreement and these GTC.
6.4. The Renter is obliged to follow all the instructions stated on the Equipment itself and in the user manual, and particularly (if relevant) must regularly charge electric-drive Equipment at least once daily for every full shift, daily check and top up the distilled water in the battery cells (in the starting batteries for diesel-powered equipment), top up diesel fuel (use of any biofuel is prohibited), check and monitor any leaks (especially hydraulic fluid) and check the tightness of wheel lugs and the functionality of all safety elements on a daily basis. The Renter shall record all operating data, inspection and maintenance information in the Lifting Equipment Log.
6.5. The Renter shall secure, at its own expense, any special permits required for the use of the Equipment, including those to close and occupy streets and public areas.
6.6. The Renter may not sublet the Equipment to any third party without STATECH's prior written consent.
6.7. The Renter is obliged to maintain the Equipment in operable condition, and protect it from soiling, damage, excessive wear and tear, Theft or destruction. All responsibility for the operation of the Equipment is transferred to the Renter upon signature of the handover certificate by the Renter or its authorised representative. If soiled, the Equipment will be cleaned at the Renter’s expense.
6.8. The Renter is obliged to immediately notify STATECH of any malfunctions and the need for repairs outside the framework of standard maintenance on the Equipment and in such a case shall immediately remove the Equipment from service and may not conduct any repairs on the Equipment without STATECH’s consent. STATECH is obliged to ensure that the Equipment is restored to an operational condition without undue delay. The Renter shall cover all costs associated with repairs, unless the malfunction was demonstrably not the result of reasons attributable to the Renter. In the event of any doubt, STATECH shall issue an opinion as to whether the Renter is responsible for the malfunction or not.
6.9. The Renter shall sufficiently cover and protect the Equipment when used for any rough work activities. This primarily applies to painting, welding and cleaning work that involves acids. The Renter is aware that soiling with paint, concrete or similar materials is not covered by the insurance policy. Work involving sandblasting or other media blasting processes is prohibited. The Renter shall cover all costs for cleaning the Equipment in full as a result of any breach of the obligations laid down in this Article. The Renter shall pay for the repair of any damaged controls on the Equipment or pay for a new controller if the original one is lost.
The Renter shall store all controls in a safe place outside of business hours. The Renter shall report the theft of a controller to STATECH and the Czech police. The Renter shall compensate STATECH in full for any losses incurred by Theft or damage to a controller.
6.10. The Renter is liable for damage caused by use on unsuitable terrain, insufficient bearing substrates and use of the Equipment in breach of the technical parameters specified on the Equipment’s nameplate and the provided user manual.
6.11. If the Renter transports the Equipment by itself, it shall report any road accidents to the police and to STATECH. The Renter is liable for any damage to the Equipment occurring as a result of such an accident.
6.12. The Renter is liable for any damage caused by the Equipment and to the Equipment resulting from unprofessional use or for any other reason attributable to the Renter. The Renter is likewise responsible for the loss or Theft of the Equipment (or part thereof) and shall immediately report any such incidents to STATECH and to the police. In the event of any doubt, STATECH shall issue an opinion as to whether the damage was caused by unprofessional use or for any other reason attributable to the Renter.
6.13. The Renter is also responsible for damage to the Equipment resulting from the actions of third parties or events independent of the will of the Renter and is obliged to compensate STATECH for all such damages in full. This has no prejudice on the Renter’s right to seek satisfaction of its third-party damage liability claims.
6.14. If STATECH breaches its obligations under the Agreement, the GTC or the applicable regulation and the Renter incurs damages as a direct result of such, the Renter is entitled to claim compensation from STATECH up to the amount of the Renter’s payment under the Agreement.
6.15. STATECH may charge the Renter for all costs of repairing damage to the Equipment (except damages for which the Renter is not liable under the Agreement) by issuing an invoice after the repairs are complete, payable within 14 days of issue. The Renter undertakes to pay all outstanding amounts under STATECH’s invoices within the defined payment term.
6.16. The Renter is not entitled to use the Equipment as a lien or otherwise establish a pledge or other right of use in favour of a third party or otherwise use the Equipment to secure its liabilities. The Renter is not entitled to make any modifications to the Equipment (with the except of its normal use under the Agreement) without the prior written consent of STATECH.
7. TERMINATION OF THE AGREEMENT
7.1. In addition to the other cases in which the Agreement is terminated under these GTC, STATECH may also withdraw from the Agreement with effect from the moment the notice of withdrawal is delivered to the Renter, if:
a) the Renter commits a material breach of any of its duties, especially if it is at least 5 days in default with the payment of the rental payment;
b) the Renter is declared bankrupt under the terms of Act No. 182/2006, the Bankruptcy Act, as amended, or if a petition is filed to commence bankruptcy proceedings involving the Renter;
c) the Renter enters into liquidation;
d) there is no one (an executive, agent, etc.) fully authorised to represent the Renter (a legal entity) for at least 14 days; or
e) the Theft of or Total Damage occurs to the Equipment.
7.2. The Renter is obliged to return the Equipment immediately upon the expiration of the Agreement or at another date and time defined by STATECH. The Renter may not use the Equipment during the period from the termination of the Agreement to the date the Equipment is returned to STATECH and must properly care for and manage the Equipment on STATECH’s behalf and refrain from any action that would hinder the timely return of the Equipment to STATECH. The provisions of Article 5.6 of these GTC shall apply mutatis mutandis.
7.3. In the event of the Theft of the Equipment or Total Damage to the Equipment the Renter (in addition to any of its other obligations) is also explicitly obliged to compensate STATECH for any lost profit. The Parties have explicitly agreed that for the purposes of this Article the term lost profit shall also include hypothetical lost profit, i.e. profit that STATECH would have made if it had been able to further rent the relevant Equipment if such a Theft or Total Damage had not occurred. Such lost profit will be calculated on the basis of the usual profit previously made by STATECH through the rental of the relevant Equipment. The Renter explicitly agrees to its obligation and the method used to calculate lost profit as specified in this provision.
7.4. In the event that an Agreement or Framework Agreement was concluded between the Parties for a period of more than 1 year and that Agreement (Framework Agreement) is terminated prematurely, either as a result of a breach of obligations on the part of the Renter or otherwise, the Renter undertakes to pay STATECH compensation for the premature termination of the Agreement (Framework Agreement) at the amount of 25% of the sum total of the remaining payments owed to STATECH by the Renter under the relevant Contractual Relationship if the Agreement (Framework Agreement) had not been terminated prematurely.
8. SERVICE TERMS
8.1. If any damage occurs to the Equipment, the Renter is obliged to immediately take photographs of such damage after it occurs or is identified and then report such damage immediately to STATECH and send the completed damage report, including photographs, to STATECH within 48 hours at the latest, to the email address: servis@statech.cz.
9. JURISDICTION AND BODY OF LAW
9.1. Any disputes arising from or in connection with the Agreement (including its validity and interpretation) shall be submitted for adjudication by the District Court for Prague 7 (for matters assigned to the district court level) or the Regional Court in Prague (for matters assigned to the regional court level) as the court of first instance with territorial jurisdiction.
9.2. The Contractual Relationship is subject to Czech law.
10. PENALTIES AND RELATED PROVISIONS
10.1. If the Renter is in default with the payment of an invoice, it undertakes to pay STATECH a contractual penalty amounting to 0.1% of the sum owed for each day of default.
10.2. If the Renter is in default with the payment of an invoice, STATECH and the Renter agree on default interest amounting to 0.05% of the outstanding amount for each day of default.
10.3. In the event of a breach of the obligation under Article 5.6 the Renter is obliged to pay STATECH a contractual penalty amounting to CZK 50,000 for each individual breach.
10.4. In the event of a breach of its obligations as specified in Article 7.2 herein, the Renter shall pay STATECH a contractual penalty equal to twice the daily rate of the rental payment for the Equipment for each full or partial day of the breach.
10.5. The payment of such contractual penalties does not affect STATECH’s right to claim full compensation for any damages resulting from such a breach.
10.6. In the event that the Parties agree on a repayment calendar for the sums owed, in addition to the relevant repayments the Renter undertakes to pay STATECH contractual interest on the sums owed until those sums have been paid in full, at the current rate specified for interest on arrears by the applicable regulations.
10.7. The Parties have agreed and explicitly declare that STATECH is entitled to check the Renter’s ability to fulfil the obligations stipulated under the Agreement, particularly the ability to pay the rental payments and all other related payments (creditworthiness), while the Renter undertakes to provide STATECH with all the necessary cooperation for this purpose. STATECH has the right to request accounting documents from the Renter for the entire duration of the Contractual Relationship and if it finds that during the creditworthiness check the Renter has concealed any fundamental information that could indicate its inability to pay the rental payments or other payments, STATECH is entitled to withdraw from the Agreement. If the Renter is a client of the mateco group, it grants its consents to enable STATECH to obtain the necessary documentation from those companies for the purposes of the creditworthiness check.
10.8. The parties have furthermore agreed that STATECH has the right to withdraw from the Contract in case of doubt about the solvency of the Leaseholder. In such cases, STATECH is not obligated to state a reason for withdrawing from the Contract, nor is it obligated to state any other further specification of the source or reasons of its doubt about the insolvency of the Leaseholder. The Parties explicitly declare that, in the event of a withdrawal from the Contract in accordance with this provision, the Leaseholder shall not be entitled to make any claims against STATECH, including damage compensation.
10.9. In addition to all the other agreed payments, the Renter undertakes to pay STATECH for the costs of services associated with searching for, securing and collecting the Equipment, as well as the costs of recovering any debts and the costs of legal representation.
10.10. In the event of a deterioration in the Renter’s fulfilment of its obligations during the Contractual Relationship STATECH has the right to request that the Renter provide additional security for those obligations, up to the total amount of the receivables due under the Agreement, including accessories.
11. FINAL PROVISIONS
11.1. The rights and obligations of the Parties not specifically laid down in the Agreement, the Framework Agreement or these GTC are subject to the applicable provisions of the Civil Code.
11.2. Annex 1 hereto (Annex) forms an integral part of these GTC. The provisions of the Annex only apply if the added fee for the Renter’s additional damage waiver is agreed in the Agreement.
11.3. The limitation period for matters established under the Agreement are subject to the applicable provisions of the Civil Code. Any extension or abbreviation of limitation periods must be completed in writing.
11.4. These GTC become valid and effective on 1 December 2021
Annex:
No. 1 - Additional damage waiver
Annex 1
General Terms and Conditions of Equipment Rental
STATECH s.r.o.
Additional damage waiver, “STATECH SECURITY”
1. INTRODUCTORY PROVISIONS
1.1. This Annex No. 1 to the GTC (“Annex”) lays down the rights and obligations of STATECH and the Renter related to liability for damage to the Equipment in situations where an Additional Damage Waiver (as defined below) is agreed upon.
1.2. The provisions hereof have priority over the provisions of the GTC concerning liability and compensation for damages (especially the cogent provisions of Article 6 of the GTC) under the conditions stipulated in the GTC and herein. Deviating agreements in the Agreement have priority over the provisions hereof.
2. DEFINITIONS
2.1. The definitions and other provisions in Article 2 herein apply to the entire scope hereof, except for those defined in the GTC or in other parts of the Annex:
The List Price refers to the price for the rental of each individual piece of Equipment as per the valid STATECH price list, which is always specified in the draft Agreement and/or in the Framework Agreement (to clarify, any discounts provided to the Renter have no impact on the List Price); and
Waiver is the payment for a reduction capping compensation for damages at 5% of the gross List Price.
3. NEGOTIATION AND VALIDITY OF THE ANNEX, PAYMENT OF THE WAIVER
3.1. If, within the negotiation of the Agreement under Article 3 of the GTC, the Renter and STATECH agree that the Renter pays STATECH the Waiver in addition to the standard rental and other payments, liability between STATECH and the Renter for damages to the Equipment shall be subject to the provisions of this Annex. The Annex applies solely to damage to the Equipment occurring after the Renter accepts the Equipment under the Agreement. If the use of the Annex is agreed upon after acceptance of the Equipment (for instance, in an addendum to the Agreement), the provisions of this Annex only apply to damages occurring after the use hereof takes effect.
3.2. The Waiver shall be billed to the Renter as a separate line item on invoices issued under Article 4 of the GTC. Applicable provisions of Article 4 of the GTC shall apply to payment of the waiver mutatis mutandis.
3.3. The provisions of this Annex do not apply to damages occurring when the Renter is in default with any payment under the Agreement (including the Waiver).
4. COMPENSATION FOR DAMAGES
4.1. Compensation for damages in the scope of the Annex applies to damage to the Equipment occurring during the rental period as a result of the events specified in Article 5. This solely concerns damage to the Equipment, with no additional or subsequent damage.
4.2. For the purposes of this Annex, damages do not include damage to parts of the Equipment subject to rapid wear and tear and those that are replaced regularly (e.g. tyres, hoses, piping, shafts, chains, lines, mechanical components for rolling and linear motion and others) if these parts were not damaged/destroyed with other parts of the Equipment as a result of a random event as specified in Article 5.
4.3. The Renter shall compensate STATECH in full for all damages to the Equipment up to the amount of CZK 15,000 (excluding VAT) inclusive.
4.4. The Renter shall compensate STATECH for damages to the Equipment exceeding CZK 15,000 at the amount of 5% of such damages, although a minimum of CZK 15,000. This has no prejudice on the provisions of Article 4.5 herein.
4.5. In the event of Total Damage to the Equipment and if the Equipment is damaged to such an extent it is objectively impossible to repair it for its intended use, the Renter shall pay STATECH a total of 25% of the value of new Equipment, although a minimum of CZK 80,000, for Equipment up to 3 years old, inclusive, or a total of 15% of the value of new Equipment, although a minimum of CZK 80,000, for older Equipment instead of the compensation for damages under Articles 4.3 and 4.4 herein.
4.6. In the event of a dispute concerning the actual amount of such damages, STATECH's opinion shall be decisive.
5. SCOPE OF APPLICATION
The provisions of this Annex apply to all instances involving damage to the Equipment occurring as a result of the following events and which are not further restricted:
- Fire, explosion, direct lightning strike and, as a result, firefighting and demolition activities;
- Flooding, the crash of an aircraft or its part and its cargo, storms (with wind speeds in excess of 20.8 m/s), hail, landslides, rock falls, avalanches, the collapse of buildings or their parts, the collapse of construction site containers, demolition, ice or snow expansion, the weight of snow or ice, earthquakes, tropical cyclones and volcanic eruptions, falling trees or other objects, impact (the immediately acting force of another object);
- Theft of the entire Equipment if the Equipment was properly secured against theft when left unattended using available security features on the Equipment and controllers were kept away from the Equipment and were secured under lock and key in another location;
- Robbery, if the Equipment was stolen from the user of the Equipment by a perpetrator using brute force on the operator of the Equipment;
- A traffic accident during transport of the Equipment.
6. RESTRICTIONS ON APPLICATION
The provisions of this Annex do not apply to damages to the Equipment caused by the following events or circumstances regardless of the underlying cause:
- Intentional conduct on the part of the Renter;
- Improper use or maintenance of the Equipment;
- Long-term exposure to chemical, physical, electrical and electromagnetic effects, oxidation resulting from the use of the rented Equipment, scratches and other aesthetic damage to paint, damage resulting from paint, over spray and the effects of chemical factors;
- Use of the Equipment in breach of the regulations and the manufacturer’s instructions, technical rules and standards, and breach of the Renter’s duties under the Agreement and the provisions of the applicable legislation;
- If the driver does not drive in a manner suited to the weather and traffic conditions when transporting the Equipment;
- Theft or robbery in instances other than those under Article 5 herein, and whenever the Renter breaches its duty to report such an incident to the Czech police;
- Embezzlement, fraud, concealment and unauthorised use of the Equipment by a third party;
- Backflow of sewage from a sewer;
- Subsequent damage of any kind;
- If the Renter does not comply with or breaches its duties related to reporting damages under the provisions of Article 7 herein.
To clarify, the Renter is fully liable for damages under the GTC in the cases specified in Article 6 herein.
7. REPORTING DAMAGE TO THE EQUIPMENT
If any damage occurs to the Equipment, the Renter is obliged to immediately take photographs of such damage after it occurs or is identified and then report such damage immediately to STATECH and send the completed damage report, including photographs, to STATECH within 48 hours at the latest, to the email address: servis@statech.cz.
8. OTHER PROVISIONS
STATECH is permitted to amend this Annex. All previously concluded annexes remain valid in full. STATECH shall publish the updated version of this Annex at least 20 calendar days before such changes take effect at. www.mateco.cz. The Renter may express its disagreement with such a change in a written statement delivered to STATECH no later than within 20 calendar days from publication that change and in such a case will not be bound by that change.