Terms of Business
AGGREKO NORWAY AS –
GENERAL CONDITIONS OF HIRE
1.1 This agreement regulates the conditions of
hire for machines, equipment, etc. from Aggreko Norway AS
(“Aggreko”). If conditions other than those that appear in this
agreement are to apply, then they shall be written down and
included in a special contract document, to which these conditions
are to be attached and represent part of the conditions of
1.2 Hirer is responsible for reading and
understanding these terms. If Aggreko doesn't receive any written
notice from hirer, the terms are considered accepted.
1.3 Hirer acknowledges and accepts the rental
Agreement, and that he is not dependent on warranties beyond these
2.1.1 Rental Company means Aggreko who rents
out equipments to hirer
2.1.2 Rental Agreement means these general
rental terms and the individual rental contract for the equipment.
If any conflict between these two documents, the general rental
terms overrides the individual rental contract.
2.1.3 Equipments means the machines and/or
equipment/accessories specified in the rental agreement, that is
rented to hirer during the rental period.
2.1.4 Hirer means the person / organization
opposite to Aggreko specified in the rental agreement.
2.1.5 Deliver date means the equipment delivery
date specified in the individual rental contract.
2.1.6 Purchase order means the individual order
on Aggreko's equipment, signed by the hirer.
2.1.7 Rental period means the period according
to the purchase order that the hirer shall rent the equipments.
3. Condition of the equipments on receipt
3.1 Unless Aggreko has received written notice
to the contrary within four working days after the delivery date
for machines on site, all the machines and equipment shall be
regarded as having been delivered at the right time and in
accordance with rental contract. If the hirer receives the
equipment later than 24 hours after planned delivery, the time
limit for notice is 3 days.
4. Ownership of the machines
4.1 The machines are and will remain the
property of Aggreko at all times, and the hirer shall not have any
rights to, claims against or interests in the machines. The hirer
shall not remove or destroy any signs or labels on the machines
indicating that Aggreko is the owner of the machines. The hirer
shall keep the machines free of and without any and all forms of
attachment, execution, seizure, arrest, distress, possessory lien,
security interest and encumbrance. The hirer shall immediately
notify Aggreko of such encumbrances. The Hirer shall indemnify
Aggreko against all losses, damages, costs, charges and expenses
arising as a result of failure to comply with this paragraph.
5.Use of the equipments
5.1 The hirer is responsible fort all users of
the equipment to read and understand the enclosed user manuals and
all applicable regulations, rules and maintenance procedures before
the equipment is put to operation.
5.2 The equipment shall be used only for tasks
and purpose it is designed for, and it should be treated with
5.3 Hirer shall ensure that the machines are
not used for loads beyond the brand's performance or in a way that
can be assumed to cause damage to the machine (other than normal
wear and tear). Hirer shall gather information about the machine
condition and should not use the equipment when it is out of order,
damaged or in a condition that might violate any applicable laws or
6. Using an operator
6.1 If the equipments are delivered with an
operator from Aggreko, the operator shall work under the hirer's
supervision, according to hirer's or his representative's
instructions and regulations. The hirer ir responible for stopping
and or correcting the operator if he discovers violation on
security, health and environment regulations, or if the operator
behaves inappropriately. Aggreko shall be informed in writing about
circumstances like this. Hirer shall not allow other personnel to
operate the equipments without prior concent from Aggreko.
6.2 Hirer shall approve the time sheets /
service reports from the operator with his signature on the
documents. It is the hirer's responsibility to be present when the
operator ends his work to go through and sign the operator's time
sheets / service reports. Not signed time sheets / service reports
will be fully invoiced. Aggreko shall try as hard as possible to
have time sheets / service reports signed.
7. Access to the machines for maintenance
7.1 The hirer shall allow Aggreko's employees,
servants, agents and insurers access to the machines at all
reasonable times to inspect and maintain the same. The hirer shall
make the machines available so that Aggreko can perform maintenance
or service (whether routine or otherwise) within one week after
Aggreko has notified the hirer that such maintenance or service
shall be performed.
8. Routine maintenance/service
8.1 Aggreko shall, either itself or through an
agreement, provide regular maintenance and servicing during the
agreement period in accordance with Aggreko’s standard
8.1.1 Fuel, oil and lubricants shall, when
supplied by the hirer, be of a grade and type specified by
8.1.2 Coolant, when supplied by the hirer,
shall be a mixture of clean fresh water and antifreeze in a
proportion and of a grade and type specified by Aggreko.
8.2 Hirer is responsible for covering all costs
for supplies such as oil, air filters, oil filters, diesel filters
and racor filters that are changed during service. hirer also
covers labor costs, travel expenses, food and lodging as secondary
costs due to periodic maintenance during the rental period
8.3 Hirer must provide regular maintenance and
service according to Aggreko's specifications during the rental
period, either by himself or by hiring a qualified 3rd party
8.4 Aggreko can follow up and perform periodic
maintenance on the equipment for the hirer's costs. In that case
both parties must sign a maintenance agreement.
8.5 Hirer shall be able to find out the value
of the equipment's hour meter at any time during the rental period.
This is necessary to schedule and perform periodic maintenance on
8.6 Hirer shall inform Aggreko in writing when
there is need for periodic service on the rented equipments.
Periodic service intervals is set in user manual, service manual
and/or on service labels on equipments. If no written information
about service intervals is found, Aggreko shall be informed
8.7 Hirer is responsible for sending to Aggreko
a written service report including bills for oil and filters that
documents service on the equipment performed by hirer or 3rd
8.8 If periodic maintenance is not documented
performed according to specified intervals during the rental
period, the hirer liable for repairs as a result of this, as well
as the costs for the next service. In this case, Aggreko can
invoice a penalty fee for lack of service up to NOK 6.000, - + VAT.
The economic responsibility shall not exceed the equipment
8.9 If Aggreko has agreed to perform equipment
service according to service contract, and fails to perform the
service within a week after Aggreko was notified according to the
terms off this section, the costs of both the next service and any
subsequent repairs as a result of the lack of service shall be
covered by Aggreko.
9. Transportation and return of the equipments
9.1 Aggreko's staff assisting in equipment
loading and unloading, shall perform the work as representatives of
hirer and under the hirer's supervision and instruction.
9.2 The sender of the equipment is responsible
for issuing the necessary freight documents.
9.3 Hirer is responsible for returning the
rented equipment to Aggreko at the end of the rental period.
Regardless of Incoterm's terms, the hirer covers all costs for
shipping and unloading the equipment at the agreed delivery
address. If the equipment or parts of equipment is not returned to
Aggreko at the end of the rental period, the customer will be
invoiced for renting the remaining equipment according to Aggreko's
general price list, unless other terms are settled with
10.1 Aggreko provides no compensation or
payback as a result of planned shutdowns due to for example
necessary maintenance and inspection.
10.2 If there is a shutdown on the rented
equipments as a result of:
- clogged fuel filters
- incorrect or polluted
- Errors or lack of external
- lack of periodic
maintenance, or periodic maintenance reports
- incorrect equipment
- incorrect or deficient
installation by hirer
The hirer covers all costs related to repair and change of
rented hired equipment. Hirer will be charged for rental fee
according to the contract during the shutdown period, and during
the time for replacements and repairs.
10.3 If there is a an equipment shutdown caused
by other errors, Aggreko covers expenses for equipment repairs or
exchange (except for paragraph 10.6)
10.4 If it is practically impossible to repair
the machines, and alternative machines are not available, Aggreko
can end the rental agreement immediately and will not have any
liability to hirer as a result of contract termination or for any
secondary effects of the shutdown, and the consequences
10.5 In the event of shutdown or unsatisfactory
operation on parts of the rented equipments, Aggreko shall be
notified immediately. Hirer shall not attempt to make repairs on
his own, except in the case where Aggreko has granted permission
for specified work.
10.6 If shutdowns occur as a result of events
beyond Aggreko's or hirer's control, the rental agreement will end
at the time of shutdown, unless hirer covers all costs related to
bringing the equipments back to operation.
10.7 Costs of replacements and repairs as a
result of a shutdown is limited upwards to 30% of the total value
of the rental agreement. Hirer can cover the costs beyond this to
continue the rent.
10.8 Aggreko shall perform every possible and
practical actions to reduce shutdown periods. Hirer can not
organize / order express shipping or other services without
Aggreko's approval from sales department or management.
11. Aggreko's liability
11.1 Notwithstanding and without prejudice to
any other terms of the agreement, Aggreko shall accept liability
for damage, loss or injury to the machines arising:
- prior to delivery of the machines to the agreed site when the
machines are transported by means of transport that is arranged or
owned by Aggreko,
- until the equipment assembly on the hirer's destination is
completed and tested OK, assumed the assembly is exclusively
controlled or performed by Aggreko,
- from starting the disassembly of the machines on site, provided
such disassembly is entirely within Aggreko's control,
- after removal of the machines from the delivery site, when the
machines are transported by transport arranged or owned by
12. Pricing and payment terms
12.1 Prices are specified in attached contract,
and/or is invoiced monthly according to Aggreko's rates valid at
the rental period.
12.2 Rental, purchases, service cost and
service personnel cost are invoiced immediately after the costs
occurs unless otherwise agreed. Payment terms are defined in
Aggreko's order confirmation or in the contract / purchase order
signed by both parties. Additional interest will be added if the
payment terms are not complied with.
12.3 Rental rates will be invoiced according to
contract. For rental periods longer than 6 months Aggreko reserves
the right to adjust the rental rate according to market price index
for such equipment. Hirer shall be informed at least 4 weeks before
such an adjustment is carried out.
12.4 Aggreko reserves the right to charge a
cancellation fee of up to the total remaining rental fee if the
equipment is returned before the contract expires. If a confirmed
order is canceled by the hirer before delivery date, Aggreko can
invoice up to 30% of the total rental fee for the planned rental
12.5 Invoice complaints must be submitted
within 4 days before the invoice payment date.
12.6 If hirer wants to extend the rental
period, he must notifiy Aggreko by fax or e-mail within 8 business
days before the rental period expires. The rental rates will remain
unchanged for the extension period if the contract does not
indicate anything else.
13. Insurance and accidents
13.1 The equipment shall be insured during the
rental period. Hirer is responsible for a valid insurance for the
rented equipments. Insurance must cover theft, damages, vandalism,
fire, flooding and other risks at the location of the machines
during the rental period.
13.2 At least one week before the rental period
starts, hirer shall document to Aggreko a valid insurance contracts
confirming that the insurance value is set according to the
equipment's insurance value. The equipment's insurance value is
found on page 2 of the rental proposal/contract.
13.3 If hirer can't document a valid insurance
contract for the rented equipment, Hirer must buy himself out of
the insurance responsibility by paying for insurance apostasy. The
apostasy cost will cover repair or replacement of equipment as a
consequence of an equipment damage. The hirer share of an insurance
damage is NOK 15.000 ex. VAT. The apostasy cost is set by Aggreko,
and shall be defined in the rental contract.
13.4 Cables and storage equipments such as
cable drums or the like are not included in the insurance apostasy.
If a rented cable or any other rented item is lost, the hirer will
be liable for the acquisition value of lost items.
13.5 If major negligence of the hirer or third
party, hirer could be financially responsible for consequences,
upward limited to equipment acquisition value. Insurance apostasy
does not apply for major negligence.
13.6 If the equipment is involved in an
accident / accident leading to damage to persons or property,
Aggreko shall immediately be notified by phone and receive written
confirmation by fax or e-mail about the circomstances. Hirer shall
not not give any concessions, offers, promises of payment or
compensation, without the prior written consent from Aggreko.
14. Rehiring / subletting
14.1 The machines or components of the machines
shall not be rehired, sublet, lent or otherwise made available to
third parties without the written consent of Aggreko, and the hirer
shall indemnify Aggreko against any losses, damage, costs, charges
or expenses arising as a result of failing to comply with this
14.2 The hirer shall not assign the agreement
or parts thereof, or any benefits or rights in, or in accordance
with, the agreement without having obtained prior written consent
from Aggreko. Aggreko may refuse without any further
15.1 The hirer accepts his duty to read and
understand the service and user manuals before the equipment is put
into operation, unless an operator is present at all time during
operation. For help and guidance at equipment shutdown, hirer can
contact Aggreko's 24 hour duty telephone 810 00 333. This service
shall not be used for user education beyond working hours. Aggreko
will invoice NOK 1.350 per started hour for education on this line
beyond working hours.
16. Force Majeure
16.1 Neither Aggreko nor the hirer shall have
any liability for any direct or indirect consequence of, any delays
or performance failures on its part that are attributable to force
17. Breach of contract, cancellation and termination
17.1 The agreement can be terminated with
immediate effect if:
17.1.1 the terms of the agreement are not
17.1.2 the hirer does not pay any outstanding
amounts to Aggreko at the proper time, or
18.1 The hirer is liable for:
18.1.1 loss and damage to hirer's or
subcontractor's property, and
18.1.2 injuries or death on hirer's or
and shall keep Aggreko fully indemnified.
18.2 Aggreko is liable for:
18.2.1 loss and damage on hirer's or
subcontractor's property, as long as the hirer pays Aggreko for
exemption for such liability in accordance with Article 15.1;
18.2.2 injuries or death on hirer's or
and keep hirer fully indemnified.
18.3 Both the hirer and Aggreko shall have no
responsibilities for the other part's secondary cost or loss, nor
loss of income.
18.4 Hirer shall keep Aggreko fully indemnified
from 3. party claims for loss or damages caused by hirer or by
18.5 Aggreko shall keep hirer fully indemnified
from 3rd party claims for loss or damages caused by Aggreko or by
19.Exclusion of warranties
19.1 Aggreko warrants that the machines shall
be free from any defects in their design, workmanship or materials,
which can affect the proper and safe operation of the machines, and
Aggreko shall rectify any such faults that are identified or occur
during the hire period. This does not apply if the fault is
attributed to circumstances on the part of the hirer.
20.1 Any information disclosed to one of the
parties concerning the operations of the other party shall be
treated as confidential and not be disclosed to third parties
during the period of the agreement or thereafter. Both of the
parties shall take the strictest possible precautions to ensure
that this provision is observed, and the aggrieved party is
entitled to take any legal steps he deems to be necessary,
including the immediate termination of this agreement, if a
violation of this provision is pointed out.
21. Resolution of disputes and choice of law
21.1 If a dispute or disagreement arises under
this agreement, the parties shall seek to resolve the matter
amicably. The hirer may not retain more than the amount in
21.2 Any disputes shall be dealt with under
Norwegian law. The municipality where the equipment is rented is
the proper court of venue.
22.1 Note that it is the hirer's responsibility
to inform Aggreko before delivery of equipment, if the equipment
will be used / placed near hazardous material or in a very dusty
environment. Separate maintenance procedures may apply for use
offshore, on ships /
boats, in gravel pits, mines or tunnels, or asfalt plants.