Applicable rental conditions per. April 1, 2022
1. Offer and confirmation
VIGSO's offer for rent is valid for 14 days, unless a shorter period is stated in the offer. An offer of rent lapses if the rented property has already been rented out, or a subcontractor to VIGSO changes his.
VIGSO reserves the right to make changes or replacements in the leased property up to the time of letting, but will in that case strive to provide a similar functionality and service.
The tenant can only invoke the terms of the lease agreement and VIGSO 'S lease terms per. April 1, 2022.
Information, including technical information, specifications and instructions, and product information that VIGSO has submitted orally, on the Internet, in brochures or the like are only recommendations and do not constitute binding commitments or guarantees that the tenant can in any way rely on.
Special rental conditions or the tenant's special terms, including eg the tenant's general terms and conditions, tenant's purchase conditions, etc., are not binding on VIGSO unless VIGSO has expressly agreed in writing to such terms / conditions.
2. The rent
The rent is determined in accordance with the price lists in force at any given time.
Changes in exchange rates, taxes, insurance, freight and purchasing costs mean that VIGSO can adjust rental prices proportionately.
3. Property rights
The leased property is VIGSO ´s property, and the tenant is not entitled to sell, mortgage or otherwise dispose of the leased property.
Model designations, manufacturing numbers, serial numbers and the like that serve to identify the leased property must not be removed.
4. Use of the leased
The rented may only be used and installed in accordance with current legislation and VIGSO 's guidelines and guidelines.
As a rule, the rented may only be used by the tenant, as subletting may only take place with the prior written consent of VIGSO using a sublease contract approved by VIGSO.
The tenant may not make changes or repairs to the rented property of any kind without the prior written consent of VIGSO.
5. Collection and return of the rented
Unless otherwise agreed, the rented property must be picked up at VIGSO 's address (Ådalen 9, 6600 Vejen) within VIGSO 's normal opening hours.
If it has been agreed that VIGSO shall deliver the leased item to a destination designated by the tenant, VIGSO shall make the leased item available at the designated destination loaded on a vehicle. The tenant then applies at his own expense and risk of unloading and handling the rented property.
The rented property must be returned to VIGSO's address on the return day before kl. 10:00.
Return prior to the return date does not mean that the tenant is entitled to a reduction of the rental amount or the rental period. A return prior to the return date is final, and the tenant is then not entitled to use the leased property for the remainder of the agreed rental period.
If the tenant does not return the leased property to VIGSO within 60 minutes after the end of the agreed lease period, VIGSO is entitled to charge rent for the time by which the agreed lease period is exceeded, as the rent for such exceedance is determined, according to the current price list and for at least one day. In addition, VIGSO is also entitled to pick up the rented property from the tenant at the tenant's expense without notice.
After return has taken place, VIGSO will review the leased property in order to ascertain any damage to the leased property.
If VIGSO finds that the rented property has been damaged in connection with the rental, VIGSO is entitled to have the rented property repaired at the tenant's expense and risk. The tenant pays in connection with any repairs of the rented rent during the repair period.
VIGSO 's payment terms are upfront payment, unless otherwise agreed.
The interest rate for default interest is from the due date 1.5% per. commenced month.
Failure to pay after the due date may in addition result in reminder fees in accordance with applicable law, and the case may be sent for collection without notice. This could incur additional costs for the tenants.
In the event of non-payment or late payment, VIGSO is entitled to terminate the lease agreement and pick up the leased property at the tenant's expense without further notice.
7. Errors and commissions as well as complaints
The leased property has been thoroughly inspected by VIGSO prior to the lease period for damage and defects.
Upon receipt of the rented property, the tenant has a duty to inspect and must complain immediately in connection with the receipt. In connection with the receipt, the tenant can ascertain damages, original faults or defects, including malfunctions of the rented property.
In the absence of a complaint about damage, faults and defects, the leased property is considered damage-free, fault-free and defect-free at the start of the rental period, and the tenant is obliged to return the leased property in damage-free, fault-free and defect-free condition.
If the tenant finds original faults or defects in the leased property after the start of the lease period, VIGSO has the right and duty, at its own choice and within a reasonable time, to remedy the fault or defect by either replacing the leased property with similar equipment or repairing the rented equipment.
If the rented is used incorrectly or is the installation or if the installation has taken place in violation of applicable legislation or VIGSO 's guidelines and guiding, the tenant will not be able to invoke errors or defects in the leased property.
If the tenant wishes to complain about any original faults or defects in the leased property, the tenant must make a written complaint without undue delay after the fault or defect has been established.
8. Liability for the rented and insurance coverage
The tenant is responsible for theft, damage and accidental destruction of the rented property during the rental period.
On behalf of the tenant, the leased property is insured by VIGSO with an amount of up to €600.000 in the World (unless USA, Canada and countries in warzones) per. injury / incident. In the event of theft or damage to the rented property, the tenant is obliged to pay the applicable deductible at any time, which amounts to €4.000 per. damage (2022).
The tenant undertakes to treat the leased property in such a way that the insurance terms and conditions are complied with at all times, so that there is insurance coverage. Reference is made to Almindelige Brands insurance conditions for 9908-1.
If the tenant does not comply with the above-mentioned insurance terms or if, for other reasons attributable to the tenant's conditions, there is no insurance coverage on the leased property, the tenant is liable for the full amount to VIGSO.
9. Limitations of Liability
In connection with the letting of the leased property, VIGSO cannot be held liable for any indirect loss or any consequential damage, including operating loss, loss of profit and loss of data and costs for their restoration.
VIGSO ´s liability towards the tenant, regardless of the basis of liability and regardless of the degree of negligence, may not exceed the rent that the tenant pays VIGSO in connection with the lease agreement.
To the extent that VIGSO may be held liable to third parties as a result of the tenant's liable behavior, the tenant is obliged to indemnify VIGSO. Notwithstanding clause 11 of these conditions, the tenant in such a case is obliged to be sued in the same court which hears a possible claim for compensation against VIGSO.
VIGSO 's product liability is in all respects limited to VIGSO ´s product liability insurance in force at any given time, however, up to a maximum of the Danish law's mandatory product liability rules and DKK 10,000,000. In addition, VIGSO assumes no product liability of any kind.
10. Discharge - force majeure
VIGSO is not liable for non-fulfillment of its obligations if this was due to an obstacle outside VIGSO 's control, and VIGSO neither at the time of the conclusion of the lease agreement nor subsequently could be expected to have taken the obstacle into account, or have avoided or overcome the consequence.
As force majeure are considered i.a. (non-exhaustive) war, civil war, riots, public restrictions, import or export bans or other public interventions, natural disasters, vandalism, theft, failing energy supply, breakdown of communication lines, confiscation of funds, labor dispute, lockout and strike , epidemics, pandemics, other outbreaks of disease, injunctions or other similar extraordinary events that are beyond VIGSO 's reasonable control.
In the event of force majeure, VIGSO is entitled to terminate the lease agreement without liability by written notice to the tenant as soon as the fulfillment of the lease agreement proves impossible due to any of the obstacles mentioned in this section.
11. Settlement of Disputes
Any dispute or discrepancy that may arise in connection with the tenancy, including the tenancy agreement, must be settled using Danish law at the Court in Kolding as a court of law.