Article 1: General

1.1 The general interprofessional conditions for the rental of company equipment have been drawn up by a specialized commission bringing together users and professionals in the rental of construction equipment. To have contractual value, these general conditions must be expressly mentioned in the wording of the order placed by the tenant, or in the contract, or on the delivery note. These documents must at least specify:

• the definition of the equipment rented and its identification,

• the place of employment,

• the indicative rental period.

They can also indicate:

• the conditions of provision,

• the conditions of use,

• transport conditions,

• the rate in force on the day of the contract and according to the duration of the rental.
  

1.2 These general conditions constitute a framework and do not pretend to envisage and settle all situations. The contracting parties will take care to deal with their specific problems under specific conditions which will then deviate from the general conditions.

1.3: As a service provider, the lessor makes available to the tenant equipment with a driver deemed capable.

Article 2: Place of employment

2.1 The equipment is exclusively used on the indicated site or in a limited geographical area. Any use outside the site or the area indicated without the express prior agreement of the renter may justify the termination of the rental with possibly the payment of lump sum compensation provided for in article 18.
2.2 Unintentional access to the site will be authorized to the rental company, or to its employees, during the rental period. The rental company or its employees must report to the site manager and comply with the internal regulations and the site-specific safety instructions. They will nevertheless remain under the dependence and responsibility of the lessor.
2.3 The tenant is responsible for taking all steps with the competent authorities to obtain authorizations to circulate on site, and / or to park the rented equipment on the public highway.
2.4 In the event that special authorizations are required to access the site, obtaining them, for the benefit of the rental company or its employees, remains the responsibility of the tenant.
2.5 In the event of failure to obtain these authorizations, the resulting fines or fines are payable by the tenant.

Article 3 : Availability

3.1 Availability conditions
3.1.1 All equipment, accessories and everything that allows normal use, are deemed to be delivered to the tenant in good working order, cleaned and greased and, if necessary, refueled and fitted with antifreeze. They are accompanied, if necessary, by the technical documentation necessary for its use and maintenance. They are also deemed to be in good standing with all the legal or regulatory prescriptions concerning in particular but not exclusively, the safety and health of workers, taxation and road traffic.

3.1.2 It is produced, if necessary, by the lessor at the time of making available, the test certificates and / or the visit reports authorizing the use of the said material notwithstanding article 8. Otherwise, by the lessor, to be able to produce these documents, when the regulations so require, the tenant is entitled to refuse the equipment. This refusal results in the cancellation of the rental.

3.2 Date of availability The rental contract may provide, at the choice of the parties, for a delivery or collection date. The party responsible for delivery or pick-up must notify the other party of its arrival with reasonable notice. Failure to meet the agreed date engages the contractual liability of the defaulting party. This responsibility is defined in the specific conditions.

3.3 contradictory state

3.3.1 The equipment delivered or made available must be the subject of a delivery slip or a rental contract duly signed by both parties. At the request of one or other of the parties, it may be expected that a contradictory statement will be drawn up upon departure or when put into service. If this contradictory state reveals the incapacity of the material to fulfill its normal destination, said material is considered as not delivered. In the absence of a contradictory state, the equipment is deemed to be in good working order and provided with the accessories necessary for its operation.

3.3.2 If the rented equipment makes mounting and / or installation necessary, the parties settle their rights and obligations by special conditions.

Article 4: Duration of Rental

4.1 The duration of the rental starts from the day when all of the rented equipment, as well as the driver, is made available to the tenant in the rental company's warehouses or on the premises where said equipment was previously located. This date is contractually fixed on the delivery slip / waybill or on the rental contract. The rental period ends on the day when all of the rented equipment is returned as defined in article 13 to the renter in its warehouses or made available to him at the place designated by him.
4.2 The durations of intervention of the driving staff are agreed in such a way as to allow the renter and the tenant to organize the work of this staff, within the framework of the tenant's work schedules and in compliance with the regulations on the duration of work and driving time. No modification of the initially agreed schedule can be made without the prior agreement of the renter. Any breach of this rule by the tenant would result in his responsibility.

4.3 The foreseeable duration of the rental, from an initial date, can be expressed in any unit of time. Any modification of this duration will be the subject of a new agreement between the parties. In the event that it is impossible to precisely determine the duration of the rental, the latter can also be concluded without fixing the day of its completion. In this case, the notice of return or return of the equipment is specified in the special conditions.

4.4 In the event of the equipment getting stuck, by the fault of the driver, the costs of implementation and rescue costs are borne by the renter. The duration of the rental cannot be interrupted by the tenant. In the event of the equipment getting stuck, by the fault of the tenant, the costs of implementation and rescue costs are the responsibility of the tenant. The duration of the rental cannot be interrupted by the tenant.

4.5 In the absence of the driver, the lessor, as soon as he becomes aware of it, undertakes to involve, as soon as possible, another driver who meets the same requirements as the original driver. The rental is suspended until the driver is replaced.

Article 5: Conditions of use

5.1 Nature of use

5.1.1 The tenant must inform the renter of the conditions of use of the rented equipment. The so-called "normal" use of the equipment corresponds to that recommended by the rental company when the rental request is made by the tenant. Any different use must be reported by the tenant, and recorded in the special conditions. This registration implies acceptance of both parties. The tenant is responsible for any damage resulting from use not in accordance with his declaration. The tenant is also responsible for the use of the equipment, in particular with regard to:

• the nature of the soil and the subsoil,

• compliance with the rules governing the public domain,

• taking into account the environment.
  

5.1.2 The rental being concluded in consideration of the person of the tenant, it is prohibited for the latter to sublet, and / or lend the equipment without the agreement of the renter. The tenant cannot drive or have the equipment used other than by the rental operator's driver. Any breach of this rule would result in liability.

5.1.3 Any use that does not comply with the tenant's prior declaration or with the normal destination of the rented equipment gives the renter the right to terminate the rental contract and to demand the return of the equipment in accordance with the provisions of article 18.

5.2 Daily duration of use The rented equipment can be used, at discretion, in compliance with article 4-2 during the daily duration of the site which, in the absence of special details entered in the special conditions, is fixed at 8 hours . Any use beyond this time requires the tenant to inform the renter and will result in an additional rent to be defined in the special conditions.

5.3 Temporary interruption of use In the event that the work on the equipment is interrupted, the equipment being kept on site but the driver being made available to the rental company, the rental continues at the price conditions specified in the special conditions.

Article 6: Transport

6.1 The transportation of the rented equipment, on the outward and return journey, is, as far as the cost is concerned, at the expense of the tenant. In the event that the transport is carried out by the lessor or by a third party chosen by him, the cost of this service is invoiced to the tenant according to a tariff to be defined in the special conditions. The tenant does not support the additional transport which may result from a reshipment requested by the renter to a place other than that of origin.

6.2 The cost of unloading on arrival at the site and the cost of loading from the site at the end of the rental are also borne by the tenant.

6.3 The transport is carried out under the responsibility of the tenant in the case of removal of the material executed by him or by a third party chosen by him, and under the responsibility of the renter in the case of delivery performed by him or by a third party chosen by him . The responsibility for loading and / or unloading lies with the operator. The tenant must prior to removal justify that he is covered by sufficient specific insurance against all risks caused to the equipment and those caused by it.

6.4 In the event that the carrier is a third party, it is the party which arranges the carriage which exercises the remedy. It is therefore up to this party to verify, before carrying out the transport, that all the risks, both damage to the equipment and those caused by it, are covered by sufficient insurance from the carrier and, if not not the case, to take all useful measures to insure the materials.

6.5 In all cases, when a disaster is observed on arrival of the equipment, the recipient must immediately formulate the legal reservations and inform the other party so that the protective measures can be taken without delay, and that the declarations of insurance can be done.

Article 7: Installation, Assembly, Disassembly

7.1 Installation, assembly and disassembly (when these operations prove necessary) are carried out by the rental company, under its sole responsibility. The conditions of execution (deadline, price, ...) are fixed in the special conditions.

7.2 The installation, assembly and disassembly do not modify the duration of the rental which remains as defined in article 4.

Article 8: Maintenance of the Equipment

8.1 The rental company will carry out checks and additions at all levels (oil, water, other fluids) on a daily basis under its sole responsibility. He will check the pressure and condition of the tires, which he will repair if necessary. He will carry out routine maintenance and prevention operations, in particular emptying and lubrication, and the replacement of current wearing parts, unless specific conditions to be specified.

8.2 The supply of fuel and antifreeze is the responsibility of the lessor, unless otherwise stipulated in the special conditions.

8.3 The tenant will reserve enough time for the renter to allow the latter to carry out maintenance on the equipment. The dates and durations of intervention are agreed upon.

8.4 Unless otherwise stipulated in the special conditions, the time required for the maintenance of the equipment chargeable to the renter, is an integral part of the rental period as defined in article 4.

Article 9: Repairs, Breakdowns

9.1 In the event that a breakdown immobilizes the equipment for the duration of the rental, the tenant agrees to inform the lessor within 48 hours by any means at his convenience. The contract will be suspended for the duration of the repair with regard to its payment but remains in force for all other obligations.

9.2 If this repair exceeds 10% of the rental period provided for in the contract, or one calendar week, the tenant will have the right to terminate the rental contract by paying only the rents accrued until the date of immobilization of the equipment , excluding any damages whatsoever. However, in the event of a rental not exceeding one calendar week, the tenant will have the right to immediately terminate the contract as soon as the equipment has not been replaced within the working day (Friday, Saturday and public holidays excluded) following l information given to the lessor.

9.3 The termination is subject to the return of the material.

9.4 All repairs are made on the initiative of the lessor, or the lessee with the authorization of the lessor. However, if the repair is made necessary by the proven fault of the tenant, the latter cannot avail himself of any of the rights which are recognized to him by this article. Consequently, the rental continues all its effects until the equipment is repaired.

9.5 Mechanical breakdowns of minor importance when they result in the immobilization of the equipment for a duration of less than or equal to two hours do not modify the duration of the rental which remains as defined in article 4. For higher breakdowns at two o'clock, the duration of the contract may be suspended but all other obligations arising therefrom remain in force.

Article 10: Responsibilities

10.1 As soon as the equipment has arrived on the site, the tenant is responsible for the conditions for the performance of the work carried out by the driver. It ensures coordination between the driver's mission and site activities. He assumes responsibility for the instructions and directives he gives to the driver.

10.2 The lessee must immediately interrupt the work on the equipment if the driver of the lessor, by his behavior, is deemed unfit, for any reason whatsoever, to perform the work for which he is intervening and immediately notify the lessor. In this case, the duration of the rental is interrupted from the moment the lessor has been notified by the tenant.

10.3 The driver is not required to perform tasks that are not compatible with the rented equipment or with the safety rules provided for both by law and by the equipment manufacturer. In this case, the driver must immediately notify the rental company. The latter and the tenant will then renegotiate other equipment compatible with the task to be performed. This negotiation does not interrupt the duration of the rental.

10.4 The rental operator's driver must have the correct attitude and attire. He must respect the timetables as defined in article 4.2. He must comply with the health and safety instructions in force in the tenant's business and communicate by the latter to the driver, as part of the necessary coordination of the operation.

10.5 Likewise, the tenant undertakes to ensure the safety of the rental operator's driver and equipment and to make available to the driver, in the same way as for his own staff, suitable premises for his cloakroom, his meals and his tools.

10.6 The tenant, outside working hours, has legal and material custody of the leased machine which is, therefore, under his sole responsibility.

10.7 Apart from the fault of the lessor or his agent, the tenant cannot question the liability of the lessor or that of his agent in the event of a disaster occurring on the site during or after the work of the rented equipment, it being understood that the tenant must take all the precautions and security measures that are required by the nature of the work undertaken. In addition, in his capacity as works manager, the tenant is deemed to have satisfied the regulations in force and in particular to have made the prior declarations of intention to work to the various administrations concerned.

10.8 Appointment of the driver is the sole responsibility of the lessor.

10.9 The lessor is responsible for damage caused by its driver to above-ground and exposed installations and structures.

10.10 Equipment rented with a driver travels on the public highway under the full responsibility of the rental company and its driver.

10.11 The tenant cannot be held responsible for the damaging consequences of hidden defects in the rented equipment or non-visible wear and tear making the equipment unfit for the use for which it is intended.

Article 11 : Insurance

11.1 With regard to third parties.

11.1.1 Traffic (RC Traffic) The tenant is guaranteed by the rental company for the risks of traffic liability within the limits of the law of February 27, 1958 instituting an insurance obligation with regard to the circulation of land motor vehicles and trailers. The obligation of the lessor to insure the land motor vehicle and trailers in liability does not release the tenant from its obligation of insurance in civil liability Company.

11.1.2 In the case of materials other than those defined in the above paragraph, it is the lessee who is responsible for covering himself with his insurer (civil liability), for any damage caused by the rental equipment.

11.2 With regard to the hired equipment The tenant is responsible for the use of the hired equipment and for all damage suffered by this equipment, except in the event of recognized fault by the driver. It can cover this responsibility in three different ways:

11.2.1 by accepting the abandonment of recourse proposed by the lessor according to the terms set out in the specific conditions of the rental contract

11.2.2 by covering himself with an insurance policy. In this case, he must inform the lessor, in writing, at the time of taking charge, of the contract references by him subscribed, including in particular the guarantees granted, any deductibles and the commitment made by the insurance company. to pay the compensation to the lessor

11.2.3 by remaining its own insurer, subject to the acceptance of the lessor.

11.3 In the latter two cases (11.2.2 and 11.2.3), it is stipulated that the reference value of the insured equipment is the "catalog replacement value".

Article 12: Tests and visits

12.1 In all cases where the regulations in force require tests or a visit to the rented equipment, the tenant is obliged to let the driver make the equipment available for inspection.

12.2 The cost of the cyclical regulatory visits remains chargeable to the renter.

12.3 In the event that a cyclical visit reveals the unsuitability of the equipment, the latter has the same consequences as a failure (cf. article 9)

12.4 The time necessary for the execution of the tests and / or visits is an integral part of the duration of the rental within the limit of half a working day.

Article 13: Return of equipment

13.1 At the expiration of the rental contract possibly extended by mutual agreement, the tenant is required to return the equipment in good condition, taking into account the normal wear and tear inherent in the duration of employment, cleaned and, if applicable if necessary, refuel. Otherwise, the restoration and fuel supply services will be invoiced to the tenant.

13.2 The equipment is returned, unless otherwise agreed by the parties, to the lessor's depot during the latter's opening hours.

13.3 The lessor must be informed of the availability of his machine by e-mail, fax or any other written document each time the contract provides that he will take back the rented equipment himself.

13.4 A return voucher for equipment is drawn up by the rental company. It is indicated in particular:

• the day and time of return,

• the reservations deemed necessary, particularly concerning the state of the material returned.
  

The return slip puts an end to the legal custody of the equipment which fell to the tenant, except when the return transport of the equipment is carried out under the responsibility of the lessor (art. 6); legal custody then ceases as soon as the latter or the carrier takes possession of the equipment.

13.5 In the absence of an amicable agreement on the reservations, it is noted by writing on the voucher. The arbitration of a person designated by mutual agreement between the parties is then called upon. Failing to be able to appoint this person, the lessor is entitled to call on an expert appointed by the judge in chambers or a bailiff.

13.6 In the event of return of the equipment by the lessor, the tenant remains bound to all the obligations arising from the contract until the recovery of the equipment.

13.7 In the event of non-return of all the equipment, and after formal notice and deadline for return set in the letter of formal notice, the missing item will be invoiced at its "catalog new value", according to the tariff in force on the date non-restitution.

Article 14: Rental Price

14.1 Regardless of the duration of use mentioned in article 4, the price is generally fixed per unit of time to be recalled for each rental, any unit of time started being due, within the limit of one day. The time units usually used are:

• the working day, working day or calendar day,

• the week,

• the full month.
  

14.2 Unless otherwise specified, the rent is acquired day by day.

14.3 In specific cases, it may also be agreed to invoice in a different manner to be specified in the special conditions. 14.4 Any intervention with the tenant of technical personnel (fitter for example) employed or not by the renter is the responsibility of the tenant. The price is fixed by the agreement of the parties, as well as the amount of travel expenses.

14.5 In the event that the condition of the equipment makes an appraisal necessary, the costs thereof are borne by the party whose responsibility is declared to have been committed, after being brought forward by the plaintiff.

14.6 In the event of an extension of the rental, at the end of the initially planned duration, the parties may renegotiate the rental price.

14.7 Daily attachments must be signed every day by the tenant or his servant, to whom a copy of this document will be given.

Article 15: Payment

15.1 The conditions of payment for the rental of equipment with driver are provided for in the specific conditions of each rental company. In the silence of the contract, the payment is understood, in cash, net and without discount. In the event of payment in installments, the non-payment of a single due date entails, at the expiration of a period of eight days from the sending of a registered letter with acknowledgment of receipt being formal notice, the resumption rental equipment immediately, all restitution costs as defined in the preceding articles remaining the responsibility of the tenant.

1 5. 2 Penal clause: In addition to the contractual default interest, eight days after the sending of a formal notice, any receivable become due and remained unpaid at the end of the agreed deadline, will be increased by a fixed amount of 10,000 DA or a percentage fixed in the special conditions.

Article 16: Clauses of bad weather

In case of bad weather duly noted and causing a factual inactivity of the rented equipment, the rental will not be invoiced, see in the special conditions.

Article 17: Payment of guarantee

17.1 In guarantee of the obligations contracted by the tenant under the contract, the tenant, at the time of the conclusion of the contract, deposits a payment of guarantee in the hands of the renter, except contrary agreement registered in the particular conditions. This payment must not, on the one hand, exceed fifty percent (50%) of the "value of the order form" excluding taxes of the rented equipment. On the other hand, it cannot be less than one month's rental, unless the rental period is less than one month. In this case, the parties will fix the minimum amount in the special conditions.

17.2 Reimbursement of the payment will be made within one month of the total payment of the rental and of any other invoicing resulting therefrom.

Article 18: Termination

18.1 Fixed-term contract

18.1.1 Termination by the lessor

18.1.1.1 In the event of non-compliance with the clauses provided for in articles 2.1, 5.1.3 and 14 of these conditions, the fixed-term rental is terminated, if the rental company so desires, at the fault and grievances of the tenant. This termination will occur at the end of a period of eight days from the sending of a registered letter with acknowledgment of receipt constituting formal notice. In this case, the tenant must return the equipment or allow it to be picked up in accordance with article 13. The obligations resulting from article 14 remain fully applicable.

18.1.1.2 In the event of non-presentation or non-return of the equipment, at the end of or during the contract, the lessor may summon the tenant before the judge of interim relief from the location of the equipment in order to have the immediate return of the rented equipment ordered . In the event of early termination of the rental contract under this article, the lessor may claim the payment of compensation equal to half of the remaining rent, with a maximum of two months counted after return of the equipment.

18.1.1.3 Concerning equipment rented for a specific purpose, the compensation due is fixed in the special conditions.

18.1.2 Termination by the tenant

18.1.2.1 In the event of termination of the rental contract, for any reason whatsoever, with the exception of article 9.2 of these conditions, the tenant accepts the revision of the rental scale applied initially according to the tariff in force at day of the contract and the actual rental period plus compensation equal to half of the remaining rent, with a maximum of two months.

18.1.2.2: Concerning equipment rented for a specific purpose, the compensation due is fixed in the special conditions. 18.2 Open-ended contract

18.2.1 Termination of the lessor

18.2.1.1 In the event of non-compliance with the clauses provided for in articles 2.1, 5.1.3, and 15 of these conditions, the rental for an indefinite period may be canceled, by the lessor, eight days after sending the tenant a registered letter with acknowledgment of receipt equivalent to formal notice. In this case, the lessor may claim compensation equal to two months' rental, after the equipment has been returned.

18.2.2 Termination of the tenant (see article 4.1 of these conditions).

Article 19: Eviction of the lessor

19.1 If the lessee has the rented equipment brought into a building of which he is a tenant, he must make the declaration by registered letter with acknowledgment of receipt to the owner of the building, giving him any details on the equipment, on the identity of the lessor owner and drawing its attention to the fact that the rented equipment cannot be used as a pledge. The tenant must provide a copy of this letter to the lessor.

19.2 The tenant is forbidden to assign, pledge or pledge, sublet, lend the rented equipment or dispose of it in any way whatsoever, without the prior written consent of the renter.

19.3 If a third party attempts to assert rights in said material, in the form of a claim, opposition or seizure, the tenant is obliged to inform the lessor immediately.

19.4 Neither the property plates affixed to the rented equipment, nor the inscriptions carried on it must be removed or modified by the tenant. The latter will not be able to add any inscription or mark on the material without the lessor's authorization.

Article 20: Operating losses

For whatever reason, operating losses, direct and / or indirect, are never covered by the lessor.

Article 21: Arbitration

If a dispute arises between the lessor and its tenant, either in progress or at the end of the contract, concerning the execution of these rental conditions and / or particular contract which they have concluded, it may be submitted to arbitration d '' a person who will have all powers to settle the dispute, including the powers of an amicable composer and who will be appointed by mutual agreement between the parties.

Done in Algiers, March 31, 2018.