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GENERAL TERMS AND CONDITIONS OF RENTAL (GTC) »

GENERAL RENTAL TERMS AND CONDITIONS »

GENERAL RENTAL TERMS AND CONDITIONS

1. Definitions

1.1. Man-Lift Kft. (hereinafter referred to as the Lessor) is the owner of the rented machines and their accessories (hereinafter referred to as the machine), or possesses contracts that enable the rental of the machine. The Renter is the company or person, and their representative, who takes possession of the machine for a specified period for work purposes in exchange for a rental fee. This contract also applies to the accessories of the rented machine (machine documentation, machine key, other machine accessories, such as the upper controller, winch, etc.).

1.2. The rental of the machine and the provision of services may also include mediated services, for which the Lessor has the right to involve a subcontractor.

2. Conclusion, Duration, and Settlement of the Rental Agreement

2.1. The Rental Agreement is concluded upon the Renter’s written Order and the Lessor’s written Confirmation, and is valid in conjunction with these General Rental Terms and Conditions. The Parties accept Orders and Confirmations sent via email as written contracts, with the Confirmation containing the valid data.

2.2. The rental period begins on the day specified in the Confirmation. The Confirmation also specifies the rental days to be invoiced (7, 6, or 5 days per week). In the case of transport arranged by the Lessor, the last day of the rental period is the last day of actual rental use, or if the Renter’s notification of the end of the rental occurs thereafter, then it is the day of notification. If the transporter can only pick up the machine later due to reasons attributable to the Renter, then the last day of the rental period is the day the machine is returned (see point 6.8). For transport arranged by the Renter, the first day of the rental period is the day the machine is dispatched, and the last day is the day the machine is delivered to our premises. The Renter MUST NOTIFY the end of the rental IN ALL CASES by email or SMS no later than the day before the rental ends. The rental period and payment obligation shall not be reduced if the machine cannot be used due to bad weather or other reasons not caused by the Lessor.

2.3. The rental fee charged for the rental period – unless the parties agree otherwise in the Rental Agreement – includes a maximum of 10 hours of daily machine usage (the duration between the first power-on and the last power-off). Based on the data from the GPS-based tracking units in the machines, for daily work exceeding this limit, an additional 1 rental day will be charged for that specific day, and for weekend and public holiday machine usage deviating from the Rental Agreement, an additional 1-1 rental day will also be invoiced for these days.

2.4. The daily rental fee applies to the rental duration specified in the Rental Agreement. If the actual rental period is shorter than the agreed duration, the Lessor is entitled to retroactively adjust the daily rental fee.

2.5. The Lessor fixes the rental fee for a maximum period of 6 months from the start of the contract. The Lessor is entitled to review the rental fee every 6 months within the contract period.

2.6. For machines equipped with a diesel engine, the machines will be handed over with a full fuel tank and, where applicable, a full AdBlue tank.

3. Delivery, other Costs

The delivery of the rented machines to the Renter – arranged by the Lessor – will take place on the day specified in the Confirmation, to the location designated by the Renter. The Renter is obliged to provide the name and phone number of the on-site contact person authorized to receive the machine upon delivery and hand it over at the end of the rental period. If the Lessor does not carry out the transport, it is always at the Renter’s risk. The Renter shall always confirm the receipt of the machine by signing a delivery note, which also serves as a certificate of performance. If the Renter’s representative is not present during the delivery or return of the machine, the driver performing the transport shall sign the handover copy of the delivery note, which the Lessor and Renter accept as valid.
In addition to the rental fee, for transport arranged by the Lessor, the Renter shall bear the cost of delivering and returning the machine to and from the work site, as well as the cost of any missing fuel from the fuel tank and AdBlue tank upon return for diesel-powered machines.

4. Payment Terms, Invoicing

The frequency and method of payment for the rental fee, delivery fee, and fuel costs (hereinafter referred to as rental costs) shall be specified by the parties in the Confirmation. The Lessor is entitled to require a deposit or advance payment from the Renter. The Lessor shall invoice the rental costs no later than the end of each calendar month, or at the end of the rental period. Payments must be made by the Renter according to the financial document issued by the Lessor, within the specified payment deadline. If the Renter falls into arrears with payment for more than 5 calendar days, or violates any of the obligations set forth in point 6, then the Lessor, if the Renter fails to fulfill their obligations within 5 calendar days after a warning, is entitled to:

• demand all outstanding rental costs, and
• terminate the rental agreement with immediate effect and have the machines returned, and
• enforce any other claims (e.g., for damages) to which the Lessor is legally or contractually entitled.

Regardless of this, the Renter must fulfill all remaining obligations arising from the contract. In case of delayed payment, the Renter is obliged to pay late interest according to the Civil Code (PTK).

5. Rights and Obligations of the Lessor

5.1. The Lessor shall hand over the rented machine to the Renter in a clean, operational, and safe condition suitable for work. Along with the machine, the Lessor shall hand over the machine key, accessories necessary for its operation/use, the Hungarian-language operating manual, and documents compliant with current regulations. If requested by the Renter, and based on a separate agreement and for a fee, the Lessor’s representative will demonstrate the machine’s operation at the work site; however, this DOES NOT REPLACE the requirement for the Renter’s machine operators to possess the necessary licenses for operating machines according to Hungarian regulations.

5.2. During the term of the rental agreement, the Lessor is entitled to inspect the machine, verify its proper use, and ensure that the operators possess the necessary machine operator’s license for its operation, and that they are familiar with and comply with the safety and occupational health regulations pertaining to the machine’s use. In case of violation of these, the Lessor is entitled to unilaterally suspend the rental.

5.3. The Lessor is obliged to perform hourly maintenance on the machine and, upon the Renter’s fault report, to commence on-site repair and troubleshooting of the machine within 2 business days from the report. The Lessor is not liable for damages arising from the machine’s downtime. Only the Lessor is authorized to repair the machine; any damage resulting from a breach of this provision shall be borne by the Renter.

5.4. The Lessor provides on-call service for the invoiced rental days, including weekends if necessary.

5.5. The Lessor is entitled to invoice the Renter for the cost of on-site fault repair (call-out fee, labor hours, parts, subcontractors, etc.) in the following cases:

• the fault is caused by improper use of the machine or operator error; in this case, the rental fee will also be charged for the repair period
• tire puncture repair / tire replacement; in this case, the rental fee will also be charged for the repair period
• the machine proves to be faultless on-site and requires no repair.

5.6. The Lessor is not responsible for direct or indirect damages incurred by the Renter or third parties due to machine defects or other reasons beyond the Lessor’s control. In case of a breach of contract by the Lessor, the Lessor’s liability for compensation is limited to the due rental fees. The Lessor shall in no case be liable for the Renter’s lost profits or damages.

5.7. The Lessor is entitled to remove the machine after prior notice if the Renter has an overdue invoice. This shall not constitute trespass or breach of contract.

6. Rights and Obligations of the Renter

6.1. The Renter assumes full financial responsibility for the rented machine and its accessories from the moment of receipt until the machine’s return.

6.2. The Renter is entitled and obliged to learn and adhere to the machine’s operation and safe use. By submitting the order and/or signing the delivery note, the Renter acknowledges that they are familiar with the machine’s use, operation, relevant legal regulations concerning its use, and that the machine operates as intended. The Renter undertakes responsibility that the machine will be operated exclusively by persons trained for it and possessing the necessary license for its operation, and that they will comply with the relevant domestic legal, official, and occupational safety regulations and decrees. The Renter bears full responsibility for any damage incurred by the Lessor arising from the violation of the aforementioned obligations.

6.3. The Renter is obliged to use the machine properly, taking into account the Lessor’s and manufacturer’s operating and maintenance instructions, and at the location specified in the Confirmation. If the Renter wishes to use the machine at a different location, they must notify the Lessor in advance via email. Outside working hours, the Renter is obliged to store the machine in a locked or guarded place. The machine may not be handed over to a third party for use, except based on a separate agreement with the Lessor. The Renter is obliged to protect the labels placed on the machine.

6.4. The Renter bears financial responsibility for damages caused to the Lessor due to improper use of the machine. The amount of damage is the combined sum of the repair cost (call-out, labor hours, parts, machine transport/replacement) and the lost rental revenue during the repair period, which will be invoiced to the Renter. The Renter is responsible for any damage caused to third parties during the use of the machine.

6.5. In case of a machine malfunction, the Renter must immediately notify the Lessor at the service hotline +36-20-483-9082. The Renter’s representative reporting the fault is obliged to follow the instructions of the Lessor’s service technician to resolve and/or diagnose the fault. Repairs necessitated by normal use or manufacturing defects will be carried out by the Lessor at its own expense. During the repair period, the Lessor may prohibit the Renter from using the machine. In case of a longer repair period, the Lessor will provide a replacement machine. If the Renter continues to use the machine after detecting a fault, the Renter is responsible for any damage, loss, or accident resulting from the use of the faulty machine.

6.6. In case of irreparable damage, destruction, or theft of the machine, the Renter is obliged to immediately notify the Lessor and compensate the Lessor for the damage. The amount of compensation is the combined sum of the cost of replacing the machine and the lost rental revenue for the replacement period (max. 3 months), which will be invoiced to the Renter.

6.7. The Renter is obliged, at their own expense, to ensure access for the Lessor’s representative (e.g., service technician, lifting equipment expert, etc.) to the work site (e.g., by obtaining entry permits) for machine repair, hourly maintenance, periodic inspection, and in case of non-payment, for the removal of the machine. The Renter is obliged, at their own expense, to provide an escort for the Lessor’s representative who knows the machine’s location on the construction site, and to ensure that the machine is in operational condition (e.g., fueled/charged, with the upper control unit present, etc.). The Renter is obliged to notify the Lessor or their representative at least 5 business days before expiring periodic inspections and to arrange an appointment and provide contact details for an on-site contact person when the Lessor’s representative can inspect the machine. The costs of failed site visits due to the Renter’s fault will be invoiced by the Lessor to the Renter, and the Renter shall also pay the rental fee for those days when the use of the machine was prohibited due to an expired machine inspection (e.g., by the work site’s occupational safety specialist).

6.8. The Renter is obliged to return the machine and its accessories in a clean condition, suitable for proper use and transport (with sufficient fuel/electrical charge). The Renter is obliged, at their own expense, to deliver the machine to a location upon return where the Lessor’s transport subcontractor can pick it up (e.g., obliged to crane the machine down / remove the machine from a building / obtain necessary permits on the construction site for machine removal or transporter access, etc.). Upon return, after the machine has been delivered to the Lessor, the Lessor will draw up a Return Protocol, documenting the machine’s condition (operability, cleanliness, presence of accessories, fuel deficiency, machine damage, etc.). The presence of a handover person from the Renter is advisable, however, the parties consider the protocol valid even without the Renter’s signature. The cost of rectifying / replacing deficiencies noted in the protocol (machine cleaning, fuel deficiency, etc.) will be invoiced to the Renter. If the delivery and/or return of the machine fails due to the Renter’s fault or omission, the cost of the unsuccessful transport shall be borne by the Renter.

6.9. The Renter acknowledges that the Lessor is entitled to examine the Renter’s data, collect data, and make copies of the presented documents. At the same time, the Lessor declares that these data will only be used for its own business operations, will be treated confidentially, and will not be disclosed to third parties – except for subcontractors involved in the execution of business operations.

6.10. The Renter acknowledges that if they fail to fulfill their payment obligation towards the Lessor and the Lessor therefore engages a debt collection company for recovery, the Lessor is entitled to transfer the Renter’s data to the debt collection company.

6.11. The Renter is obliged, at their own expense, to protect and indemnify the machine against third-party interference (e.g., enforcement measures, etc.). Threatening or already executed interferences must be immediately reported to the Lessor, along with the submission of necessary documents. The Renter is not entitled to alienate or pledge the machine.

7. Miscellaneous

7.1. In the bilingual version of these General Rental Terms and Conditions, the Hungarian language version shall prevail.

7.2. Hungarian law shall govern these General Rental Terms and Conditions. For matters not regulated in the Confirmation and these GTC, the relevant provisions of the Civil Code (Ptk.) shall apply.

7.3. If any provision of this contract is found to be null and void, this shall not affect the remaining provisions. In such a case, the contract shall be interpreted in a manner that most closely approximates the economic intent of the void provision.

7.4. In case of legal disputes, the parties stipulate the exclusive jurisdiction of the Metropolitan Court.

7.5. Version of these General Rental Terms and Conditions: v3.2

7.6. These General Rental Terms and Conditions are available on the Lessor’s website at the following link: https://manlift.hu/berbeadas-aszf/

GENERAL RENTAL TERMS AND CONDITIONS

1. Definitions

1.1. Man-Lift Ltd. (hereinafter referred to as „the Lessor”) is the owner of the rented machines and their attachements (hereinafter referred to as „the machine”) or in the possession of contracts that make the rental possible. The Renter is the company or the person and his representative of the machine who uses the machine for rent for a specified period of time for the
purpose of work. This contract applies to the accessories of the machine (the documentation of the machine, the key of the machine, other accessories of the machine such as the upper controller, winch, etc…) as well.

1.2. The rental of the machine and the provision of services may contain mediated services for which the Lessor is entitled to involve a subcontractor.

2. Conclusion, Period and Settlement of the Rental Agreement

2.1. The Rental Agreement is set into force with the written Order of the Renter and the written Confirmation prepared by the Lessor and valid together with this General Rental Terms and Conditions. The Parties accept the Order and the Confirmation sent by e-mail as a written contract where the Confirmation contains the valid data.

2.2. The rental period begins on the day written in the Confirmation. The Confirmation also contains the rental days to be invoiced (7, 6 or 5 days per week). In case of a transfer arranged by the Renter the last day of the rental period is the last day of the actual rental use of the machine or if the notification of the Renter about the end of the rental arrives after that, then it is the day of the notification. If the Lessor’s forwarder can pick up the machine only later due to the reason caused by the Renter than the last day of the rental period is the day of the return of the machine (see point 6.8). In case of a transfer by the Renter the first day of the rental period is the day of the transfer of the machine , the last day is the day of the delivery to our site. The Renter is obligated to NOTIFY the end of the rental IN EVERY CASE on the day before the end of the rental at the latest by e-mail or by SMS. The rental period and the obligation to pay shall not be reduced if the machine cannot be used because of the weather or other circumstances not caused by the Lessor.

2.3. The rental fee charged for the rental period – unless the parties agreed in an other way – includes maximum 10 hours of daily machines usage (time between the first turning on and the last switching off). By the data of GPS based tracking units fitted on machines Lessor will charge plus 1 day for the days with longer than 10 hours of usage, moreover 1-1 additional days for weekend and off day machine usages, which are not in accordance with the Rental Agreement.

2.4. The daily rental fee refers to the duration set in the Rental Agreement. If the actual duration of rental is shorter than it was set by the order Lessor has the right to modify the daily rental fee retroactively.

2.5. The Lessor fixes the rental fee for a maximum of 6 months from the start of the agreement. The Lessor has the right to revise the rental fee every 6 months during the term of the agreement.

2.6. For diesel-powered machines, the machines are handed over with a full fuel tank and, where applicable, a full AdBlue tank.

3. Transfer and other Costs

The transfer of the rented machine arranged by the Lessor to the Renter takes place on the day and at the location specified by the Renter in the Confirmation. The Renter is obligated to provide the name and phone number of the on-site contact person responsible for taking over and handing over the machine at the end of the rental. If the Lessor does not arrange the transfer, the risk always lies with the Renter. The Renter certifies receipt of the machine by signing the delivery note, which serves as a completion certificate. If the Renter’s representative is not present for either the delivery or return transfer, the transfer driver signs the delivery note, which is considered valid by both the Lessor and the Renter. In the case of a transfer arranged by the Lessor, in addition to the rental fee, the Renter shall pay the costs of transferring the machine to and from the worksite, and furthermore, for diesel-powered machines, the cost of fuel missing from the fuel tank and AdBlue tank upon return.

4. Payment Terms, Invoicing

The frequency and payment method for the rental, transfer, and fuel costs (hereinafter referred to as “rent”) shall be set by the Parties in the Confirmation. The Lessor is entitled to require a deposit or prepayment from the Renter. The Lessor invoices the rent at the end of each month at the latest, or at the end of the rental period. The Renter shall fulfill payment in accordance with the financial document issued by the Lessor within the indicated payment deadline. If the Renter is in arrears for longer than 5 days or violates any of the obligations listed in point 6, the Lessor, provided that the Renter does not fulfill their duties within 5 days of notification, is entitled to:

• claim all due rent, and
• terminate the contract immediately and repossess the machine, and
• enforce the Lessor’s legal and contractual claims (e.g., compensation).

Notwithstanding the above, the Renter shall fulfill all existing contractual obligations. In the event of late payment, the Renter is obligated to pay default interest in accordance with the Civil Code.

5. Rights and Obligations of the Lessor

5.1. The Lessor shall hand over the machine to the Renter in clean, operational condition suitable for safe work. The Lessor shall hand over the machine’s key, accessories for operation/usage, the manual in Hungarian, and all documents required by regulations, together with the machine. If the Renter requires, based on a separate agreement
the Lessor shall demonstrate the operation of the machine for a fee at the worksite, which, from the Renter’s perspective, DOES NOT REPLACE the requirement for a certificate necessary for operating machines in compliance with Hungarian regulations.

5.2. During the rental agreement period, the Lessor is entitled to inspect the machine, verify its proper use, and verify that the operators possess the required official handling license, and know and follow the security and occupational safety regulations pertaining to the machine’s operation. In case of violation, the Lessor is entitled to unilaterally suspend the rental.

5.3. The Lessor is obligated to carry out hour-based maintenance and commence on-site repair and troubleshooting of the machine within 2 days of the Renter’s error report. The Lessor is not responsible for damages incurred due to the machine’s downtime. Only the Lessor is entitled to repair the machine; the burden of damages caused by its violation lies with the Renter.

5.4. The Lessor provides service for the invoiced rental days, including weekends, if necessary.

5.5. The Lessor is entitled to invoice the Renter for the costs of on-site repair (travel costs, working hours, parts, subcontractors, etc.) in the following cases:

• the cause of the error is improper use or operational error; in such cases, the rental fee shall also be invoiced for the days of repair.
• flat tire repair / tire change; in such cases, the rental fee shall also be invoiced for the days of repair.
• the machine is found faultless on site and does not require repair.

5.6. The Lessor is not liable for any direct or indirect damages incurred by the Renter or a third party due to a machine error or other reasons that lie beyond the Lessor’s influence. In the event of a breach of contract by the Lessor, their liability for damages is limited to the due rent. The Lessor is not liable for the Renter’s lost profit or damages in any case.

5.7. The Lessor is entitled to repossess the machine upon previous notice if the Renter has an expired invoice. This does not count as trespassing or breach of contract.

6. Rights and Obligations of the Renter

6.1. The Renter assumes full financial liability for the rented machine from delivery until its return.

6.2. The Renter is entitled and obligated to become familiar with and comply with the operation and safe use of the machine. By sending the Order and/or signing the delivery note, the Renter acknowledges knowing the machine’s operation and usage, the legal regulations pertaining to its use, and that the machine is working properly. It is the Renter’s responsibility to ensure that the machine is only operated by a person who is trained for that purpose, possesses an operating certificate, and complies with the relevant domestic legal, official, and safety regulations and protocols. The Renter is liable for all damages to the Lessor that may be caused by the violation of the above obligations.

6.3. The Renter is obligated to use the machine properly in compliance with the operational and maintenance directions of the Lessor and the manufacturer at the site specified in the Confirmation. If the Renter wishes to use the machine at a different location, they are obligated to report it to the Lessor in advance by email. After working hours, the Renter is obligated to store the machine in a closed or guarded location. The Renter shall not allow a third party to use the machine, except based on a separate agreement with the Lessor. The Renter is obligated to protect the machine’s labels.

6.4. The Renter is financially liable for the damages caused to the Lessor by the improper use of the machine. The extent of the damage is the total amount of the cost of the repair (travel costs, working hours, tools, transfer/exchange of the machine) and the lost rental income during the repair period, which shall be invoiced to the Renter. The Renter is liable for the damages caused to a third party during the use of the machine.

6.5. In case of a machine error, the Renter shall immediately inform the Lessor via the service hotline at +36-20-483-9082. The Renter’s representative reporting the error is obligated to follow the instructions of the Lessor’s service team in order to repair and/or diagnose the error. Repairs necessitated by normal wear and tear or manufacturing defects shall be carried out by the Lessor at their own cost. The Lessor can prohibit the Renter from using the machine. In case of a longer repair time, the Lessor shall provide a replacement machine. If the Renter uses the machine after detecting an error, the Renter is liable for all damages, losses, or accidents caused by the use of the faulty machine.

6.6. In case of irreparable damage, destruction, or theft of the machine, the Renter is obligated to inform the Lessor and compensate the Lessor for the loss. The extent of the compensation is the total amount of the cost of the machine’s replacement and the lost rental income for the replacement period (maximum 3 months), which shall be invoiced to the Renter.

6.7. The Renter is obligated to ensure, at their own cost, the entry of the Lessor’s representative (e.g., service technician, machine examiner, etc.) to the worksite for repair, planned maintenance, periodic examination, and for the machine’s return transport in case of non-payment. The Renter is obliged to provide an escort for the Lessor’s representative at their own expense, who knows the machine’s location within the construction area, and is obliged to ensure that the machine is in usable condition (e.g., filled with fuel/electricity, has its upper controller, etc.). The Renter is obliged to notify the Lessor or their representative at least 5 working days before the due periodic examination and to arrange a time and an on-site contact person with telephone contact details for the Lessor’s representative to examine the machine. The Lessor shall invoice the Renter for the costs of a failed visit if it is the Renter’s fault; furthermore, the rental fee is also payable by the Renter for the days when the use of the machine was prohibited due to an expired examination (e.g., by the worksite’s occupational safety specialist).

6.8. The Renter is obligated to return the machine clean and in a condition appropriate for proper use and for return transport (with enough fuel/charge). Upon returning the machine, the Renter is obliged to place it at a location where the Lessor’s forwarder can pick it up (e.g., it must be lowered by crane / driven out of the building / a permit obtained for its removal from the construction site or for the forwarder’s entry into the site, etc.). After the machine’s return transport to the Lessor, the Lessor shall record a delivery report detailing the machine’s condition (operational capability, cleanliness, presence of accessories, fuel level, machine damages, etc.). The presence of a Renter’s representative during the transfer is advisable, but the Parties consider the report valid even without the Renter’s signature. The costs of repairs/remedying defects included in the report (e.g., machine cleaning, fuel replenishment, etc.) shall be invoiced to the Renter. If the delivery or return transport fails due to the Renter’s mistake or neglect, the cost of abortive freight shall be covered by the Renter.

6.9. The Renter accepts that the Lessor is entitled to examine the Renter’s data, collect data, and make copies of the presented documents. The Lessor declares that they use this data solely for their business operations, handle it confidentially, and do not disclose it to a third party – except for subcontractors involved in the execution of business operations.

6.10. The Renter accepts that if they do not fulfill their payment obligation to the Lessor and therefore the Lessor engages a credit management company, the Lessor is entitled to forward the Renter’s data to the credit management company.

6.11. The Renter is obligated to protect the machine and release it from third-party interventions (e.g., acts of enforcement, etc.) at their own cost. They shall immediately inform the Lessor about imminent or executed interventions, submitting the necessary documents. The Renter is not entitled to alienate or pledge the machine.

7. Miscellaneous

7.1. For these General Rental Terms and Conditions, the Hungarian language version shall govern.

7.2. For these General Rental Terms and Conditions, Hungarian law shall govern. For questions not regulated in the Confirmation or in these General Rental Terms and Conditions, the regulations of the Civil Code shall apply.

7.3. If any provision of this agreement is void, it shall not affect the other provisions. In this case, the agreement shall be interpreted as closely as possible to the economic intent of the void provision.

7.4. The Parties stipulate the exclusive jurisdiction of the Capital Court in the event of a legal dispute.

7.5. The version of these General Rental Terms and Conditions is v3.2

7.6. These General Rental Terms and Conditions are available on the Lessor’s website at the following link: https://manlift.hu/berbeadas-aszf/