Terms & Conditions
1.1 In these Conditions, the following definitions apply:
“Additional Charges” has the meaning set out in clause 10.1;
“Business Day” means a day (other than a Saturday, Sunday or a public holiday) when banks in Sweden arevopen for business;
“Conditions” means the terms and conditions set out in this document;
“Contract” means the contract between Memil AB and the Customer for the rental of Equipment;
“Customer” means the person, firm or company who hires the Equipment from Memil rent a bike;
“Equipment” means any apparatus, material or equipment (including all accessories supplied either as part of a kit or as standard with the main unit) as set out in the Order;
“Memil rent a bike” means Memil AB (registered in sweden with organisation number 559052-9003);
“Order” means the Customer’s order for the Equipment, as set out in the Customer’s purchase order form or the Customer’s written acceptance of Memil rent a bikes quotation, as the case may be;
“Rental Payment(s)” means the payment(s) made by or on behalf of the Customer for the hire of the Equipment and as set out in the Order;
“Rental Period” means the period of hire set out in clause 3; and
“Risk Period” has the meaning set out in clause 5.3.
2.1 The Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to hire the Equipment in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when Memil rent a bike issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Memil rent a bike which is not set out in the Contract.
2.5 Any samples, drawings, descriptive matter, or advertising produced by Memil rent a bike and any descriptions or illustrations contained in Memil rent a bike’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Equipment described in them. They shall not form part of the Contract or have any contractual force.
2.6 Fitness for use is for the Customer to determine, no performance objective is expressed or implied by Memil rent a bike. The Equipment may appear to offer comparable or similar specifications to other manufacturers’ products but will not necessarily perform identically to such other manufacturers’ products.
2.7 A quotation for the Equipment given by Memil rent a bike shall not constitute an offer. A quotation shall only be valid for a period of thirty (30) days from its date of issue and shall be subject to availability of the Equipment.
3. RENTAL PERIOD
3.1 The Rental Period shall be as set out in the Order, unless the Contract is terminated earlier in accordance with these Conditions.
3.2 The Rental Period may be extended by mutual written agreement of both parties and the daily rate set out in the Order shall apply to any extended Rental Period.
3.3 If the Rental Period has not been extended in accordance with clause 3.2 and the Equipment is not returned to Memil rent a bike on the return date set out in the Order, the Customer will be charged at the daily rate set out in the Order until the Equipment has been returned to Memil rent a bike.
4.1 Memil rent a bike shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree at any time after Memil rent a bike notifies the Customer that the Equipment is ready for delivery.
5.1 The Equipment shall at all times remain the property of Memil rent a bike, and the Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Conditions).
5.2 The Customer shall give Memil rent a bike immediate notice in the event the Equipment is lost, stolen or damaged as a result of the Customer’s possession or use of the Equipment or if there is a claim or, for any reason, a threat of seizure of the Equipment.
5.3 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery of the Equipment to the Customer, or where applicable, the Customer’s appointed agent. The Equipment shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Equipment is returned to Memil rent a bike.
6.1 The Customer represents and acknowledges that he has requisite knowledge and experience to operate the Equipment.
6.2 Memil rent a bike representatives may be called upon to provide start up operator training for the Customer, if necessary and requested by the Customer. For the avoidance of doubt, the cost of start-up operator training is not included in the Order and will be quoted separately upon request.
7. LIABILITY AND EQUIPMENT BREAKDOWN
7.1 In the event that the Equipment experiences a breakdown due to any defect in materials or workmanship, Memil rent a bikes liability shall be limited to the cost of repair, including parts and labour, to return the Equipment to full working order.
7.2 Memil rent a bike may, at its sole discretion, extend the Rental Period at no cost to the Customer for the time required to replace or repair the Equipment. Memil rent a bike shall not be obligated to bear the costs of Customer’s labour or standby time in connection to any breakdown, nor any costs related to the delay of Customer projects.
7.3 Without prejudice to clause
7.4, Memil rent a bike’s maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the cost of fulfilling its obligation under clause 7.1.
7.5 Nothing in these Conditions shall exclude or in any way limit Memil rent a bike’s liability for:
(a) death or personal injury caused by its own negligence or the negligence of its employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
7.6 These Conditions set forth the full extent of Memil rent a bike’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Memil rent a bike except as specifically stated in these Conditions. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
7.8 Memil rent a bike shall not be liable to the Customer for any:
(a) loss of profit;
(b) loss of revenue;
(c) loss of business;
(d) indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
8. OBLIGATIONS OF THE CUSTOMER
8.1 The Customer shall during the term of the Contract:
(a) at its expense and at all times during the Rental Period, keep and maintain the Equipment in good and substantial repair, condition and appearance in order to keep it in as good an operating condition as it was on the commencement date of the Contract (fair wear and tear only accepted);
(b) use all Equipment only for the purposes for which it was designed and operate in a careful, prudent manner and in accordance with the instructions for use;
(c) comply with all laws, regulations, rules or ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Equipment;
(d) maintain effective control of the Equipment and keep the Equipment in a secure and suitable environment when not in use;
(e) ensure that no unauthorised transfers or diversions of the Equipment occurs;
(f) not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the Equipment or any warnings or documentation thereon;
(g) not copy or reproduce in any way or manner the Equipment or any part or component of the Equipment;
(h) not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Equipment;
(i) deliver up the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as Memil rent a bike requires
9. PAYMENT TERMS
9.1 The Customer pay for the Rental Payment(s) in accordance with the Order one the website or if other agrements ar made and specified in the contract and the Cusomer recive a invoce.
9.2 The Customer shall make payment within ten (10) days of the date on the invoice received from Memil rent a bike unless credit terms are made available to the Customer by Memil rent a bike.
9.3 If the Customer fails to make any payment due to Memil rent a bike under the Contract by the due date for payment, then, without limiting Memil rent a bike’s remedies under clause 12, the Customer shall pay interest on the overdue amount at the rate of 2.5% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after decree. The Customer shall pay the interest together with the overdue amount.
9.4 If the Customer returns a damage or a bike with missing parts additional costs will be charged(10)
10. ADDITIONAL CHARGES
10.1 In addition to the Rental Payment(s) specified in the Order, Memil rent a bike has in the relevant circumstances the right to apply additional charges:
(a) for loss of or damage to the Equipment as a result of any failure by the Customer to comply with these Conditions;
(b) if the Equipment is damaged and it can be repaired, for loss of rental income during the period the Equipment is being repaired, provided such additional charges shall cease when the Equipment is returned to full working order;
(c) if the Equipment is damaged and cannot be repaired (i.e. it is written off) or the Equipment is lost or stolen, for loss of rental income during the period from the date the Equipment is damaged, lost or stolen to the date Memil rent a bike receives an amount equal to full replacement value of the Equipment;
10.2 Memil rent a bike shall invoice the Customer for any Additional Charges in accordance with clause 11 and VAT (and any other applicable taxes) shall be applied to any Additional Charges.
11.1 Customer can terminate the contract 3 days before the rental is due to start. (Temination is done with a email to firstname.lastname@example.org)
Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Memil rent a bike.
13 Governing Law
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with Swedish Law. Each party irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).