Tariston AS rental terms
1. Tariston AS (“Lessor“) provides a natural or legal person (“Lessee“) with a construction mechanism (“Mechanism“) together with a driver (“Driver“) to perform the works specified by the Lessee. The rental period is indicated on the confirmation-guarantee letter. These rental terms and conditions apply automatically to all Mechanisms rented by Lessor.
2. The transportation of Mechanism to Lessee’s site and back to Lessor’s base shall be at Lessee’s expense.
3. The pricing of oversized transport will be agreed upon separately.
4. All 3D drawings, conversions, camera works, tachymeter rental and their pricing will be agreed upon separately if necessary; they are not included in the price of Mechanism. These works are registered once a month.
5. Lessee or a representative appointed by Lessee shall assign the duties to Driver.
6. When using Mechanism, Lessee shall be guided by the good practices of performing similar works and the instructions for the use of Mechanism; otherwise, Driver has the right to refuse to perform the task.
7. The timesheet of Mechanism shall be filled in by Lessor’s Driver and confirmed by Lessee through the Infrafly system (https://www.infrafly.ee/), through another environment designated by Lessor or on paper. Lessee shall pay the invoices prepared on the basis of the confirmed timesheets on time.
8. In the event of loss or destruction of Mechanism, Lessee shall pay Lessor the amount of the Construction Machinery and Equipment Insurance (“CPM”) deductible as compensation; if CPM does not apply, then the retail price of the new similar Mechanism. In the event of damage to Mechanism, including as a result of an act of vandalism, or if the value of Mechanism decreases for any other reason other than their normal wear and tear during reasonable use, Lessee shall pay Lessor the amount of CPM deductible; if CPM does not apply, then the market price of the repair works of Mechanism and material.
9. The risk of accidental destruction and damage to Mechanism shall be transferred to Lessee in full as of the transfer of possession of Mechanism to Lessee. Lessee shall be fully and unconditionally liable (warranty liability) for the preservation of Mechanism from the date of its possession until the return of possession to Lessor.
10. The loss, destruction or damage of Mechanism for reasons beyond the control of Lessee shall not limit Lessee’s full and unconditional liability.
11. If necessary, Lessee shall arrange the accommodation of Driver and bear the related costs. If this is not possible by Lessee for any reason, an additional 3€/h for each hour worked will be added to the hourly price of Mechanism rental.
12. The minimum working time for renting the Mechanism is 6h/working day. If Lessee uses Mechanism less, they shall still be obliged to pay for 6 working hours.
13. Lessee shall pay a 10% higher hourly rate for the service provided at weekends, in the evenings (18:00-22:00) and at night (22:00-06:00) and on public holidays, unless otherwise agreed.
14. Lessor shall arrange for the supply of fuel to Mechanism at its own expense, unless otherwise agreed. If Mechanism is not transported to Lessor for storage outside working hours, Lessee shall arrange for the storage of Mechanism at its own expense during non-working hours.
15. Lessee shall be responsible for safety at the construction site and shall prevent unauthorized persons and equipment from entering the operating area of Mechanism.
16. Lessee is prohibited from making Mechanism available to third parties without the written consent of Lessor.
17. All complaints (e.g. about the quality of Mechanism or Driver’s work) must be submitted immediately in writing together with the relevant evidence. To resolve complaints, a representative of Lessor must be immediately summoned to the site.
18. Driver shall carry out works in the protection zones of existing power and communication cables, as well as water and sewerage lines only under the special order and full responsibility of Lessee. Electrical and communication cables, as well as water and sewerage pipelines, must be manually excavated, marked and visible.
19. Lessee shall be responsible for obtaining permits (e.g. transport, excavation, road closure, special use of water, etc.) at their own expense.
20. Disputes arising from rental terms are resolved through negotiations. If no agreement is reached, the dispute will be resolved in Harju County Court.