- 1. Definitions
1.1 “Lessor”- a person who rents a subject of a rent
1.2 “Lessee” - a person who hires a subject of a rent
1.3 Parties - “Lessor” and “Lessee”;
1.4 Agreement - a written agreement between the parties on renting the subject of the rent, other
actions stipulated by this agreement.
1.5 Subject of the rent – all machinery, equipment and other accessories, listed in this
agreement;
2. Subject of the Agreement
2.1. Rental agreement on rental of the subject of the rent concluded in written is the basis for
commencement of legal relations between the Lessor and Lessee. Agreement shall be signed by
the parties (in case of legal entities by the heads of such legal entities).
2.2 Subject of the agreement - machinery, equipment and other inventories.
3. Terms and Conditions of the Agreement
3.1. Rental period shall cover the time from acquisition of an equipment up to the date of return
them to the Lessor’s main store. (Or upon filling in the attached documents if the “Lessor”
transfers equipment to the “Lessee” outside the main store).
3.2. In order to calculate rental period, equipment transferring date shall be considered as the
first rental day and equipment returning date shall be considered as the last rental day. If the
subject of the rent is returned before 10.00 pm, the previous day shall be considered as the
returning date.
3.3. Maximum term of the Agreement is 60 days, unless otherwise specified by the agreement.
3.4 In case of delay, the “Lessee” is obliged to pay the triple amount of the rental fee to the
“Lessor” for delayed days.
4. Transfer and Return of the Subject of the Rent
4.1. Upon acceptance of the subject of the rent, the “Lessee” shall inspect immediately number
and technical status of the equipment. If there are any defects or claims the “Lessee” shall notify
the “Lessor” not later than 2 (two) days.
4.2. The „Lessee” shall return the subject of the rent to the “Lessor” in the analogous condition
being at the time of acceptance, taking natural deterioration into account.
4.3. Returning shall be affirmed by the signatures of the parties.
4.4 The subject of the rent (scaffolds, moulds, etc.) shall be packed in accordance with the
packaging instructions. Otherwise, the “Lessor” shall be entitled to require compensation from
the “Lessee” in accordance with current price-list.
4.5. If the subject of the rent is not returned to the “Lessor” within 10 (ten) calendar days from
expiration of the rental period, it shall be considered to be lost.
4.6. In case of not returning the subject of the rent, the “Lessor” is entitled to take relevant
measures, including, addressing to the court.
4.7. The „Lessor” shall be entitled to refuse returned equipment and demand the “Lessee” to pay
the compensation in order to repair the equipment or to purchase new one, if the “Lessor” deems
that the returned equipment is useless or significantly damaged.
5. Rental Fee and Guarantee Amount
5.1. The “Lessor” defines the rental fee in accordance with the price-list effective on equipment
transferring date, including VAT.
5.2 The rental fee includes only the fee defined for temporary usage of the subject of the rent.
5.3 The rental fee do not include any fees for design, installation, dismantling, mantling,
monitoring, arrange, transportation and loading-unloading.
5.5. The rental fee or other payments stipulated by this agreement shall be performed in cash or
by bank transfer on the Lessor's account.
6. Rights and Obligations of the Parties
6.1. The „Lessee” shall be obliged to:
6.1.1. Use the subject of the rent for its intended purpose;
6.1.2. Comply with the rules and instructions obtained from the “Lessor”, taking into consideration
safety measures (request special clothes for workers, comply with safety requirements in site).
6.1.3 Contact to the “Lessor” if there are any issues related to usage of the subject of the rent;
6.1.4. Without a written permission of the “Lessor”, not to change, modify and repair equipment
on his/her own initiative;
6.1.5. Notify the “Lessor” about any damages or partial destruction of the equipment and take all
measures to avoid increasing loss;
6.1.6. Without a written permission of the “Lessor”, not to allow third parties to use equipment.
The persons who are working in the subsidiary manufacturing plant of the “Lessee”, as well as,
the persons who are constantly involved by the “Lessor” in manufacturing and professional
activities, shall not be considered as the third parties.
6.1.7. Provide technical maintenance for equipment on his/her own expanses, in particular, to
eliminate the defects which may interrupt equipment operation, as well as provide storing, repair
and cleansing rules;
6.1.8. In case of changing equipment location, the “Lessee” shall immediately notify the “Lessor”.
Prevent transferring of the equipment beyond the borders of Georgia without a written permission
of the “Lessor”.
6.1.9 After expiration of the rental period, return all the equipment to the “Lessor” in compliance
with the terms and rules specified by this Agreement.
6.1.10. By signing this Agreement, the “Lessee” agrees on sharing his/her personal data with the
“Lessor” (name and surname, identification number, address, photo, copy of passport, data on
failure contractual obligations, including, liability measures) and transfer to the third parties
(liability insurance agency, legal advisers, legal firms), in order to repair or return the rented
equipment or assess credit instruments of the “Lessee”. The “Lessee” shall be entitled to
request information from the “Lessor” on the third parties who received such personal data and
purpose of sharing the personal data of the Lessee.
6.2. The „Lessor” shall be obliged to:
6.2.1. Transfer the subject of the rent within the period and at the place specified by the
Agreement.
6.2.2. Transfer the subject of the rent to the “Lessee” in a proper working condition.
6.2.3. If the repair works specified in the paragraph 6.1.7 have to be performed and these works
are caused by “Lessee” as a consequence of failure to fulfil his/her obligations, the “Lessor” shall
be entitled to request from the client to cover all costs.
6.3 The “Lessor” shall consider all questions stated by the “Lessee” regarding the following:
renting of equipment and devices, rental fee, its technical status, rules of application, including,
safety equipment requirements and shall give exhaustive explanations.
7. Responsibility
7.1. In case of breaching the Agreement by the other party, the damage is covered or a forfeit is
paid as the compensation of insurance, unless otherwise specified in this Agreement or Annex.
7.2. Throughout the rental period, the “Lessee” shall be responsible for breaking, loss and
damage of the equipment, except interruption, which is resulted by normal usage or failure to
perform repair works by the “Lessor”.
7.3. In case of loss or destruction of the equipment, the “Lessee” shall pay the total cost of the
equipment or costs of repair in accordance with the local market rates.
7.4. The “Lessee” shall be responsible for all risks as a result of safety usage of equipment.
7.5. Throughout the rental period, the “Lessor” shall charge the “Lessee” or any third parties with
responsibilities in case of usage or damage of the equipment. The “Lessee” shall be liable for
probable errors and damage.
7.6. In case of damage of the equipment within the rental period, the liabilities of the “Lessor”
shall include change or repair of the equipment within the reasonable period after receiving a
notification. In addition, the “Lessor” shall not be liable for the loss caused by delayed working
terms resulted from such damage.
7.7. In case of risk related to accidental destruction or damage of the equipment, the “Lessee”
shall be liable to compensate the expenses and after payment the equipment shall be transferred
to him/her.
8. Termination of the Agreement
8.1. Upon expiration date of the Agreement, the equipment shall be promptly returned to the
“Lessor” and the Agreement shall be terminated upon mutual agreement between the parties;
8.2. The “Lessor” shall be entitled to terminate the Agreement and shall notify the “Lessee” not
less than 3 (three) calendar days in the following cases:
8.2.1. If the “Lessee” does not cover the rental fee within 10 (ten) calendar days after receiving
the payment order;
8.2.2. In case of such actions by the “Lessee” that may result worsening of the equipment
condition, if there is a risk of becoming useless due to loss of equipment or violating the rules of
usage;
8.2.3. If the “Lessee” transfers the rented equipment to the third parties without a prior written
permission of the “Lessor”;
8.2.4. If a legal action of bankruptcy and liquidation is filed against the “Lessee” - legal entity;
8.2.5. If the “Lessee” violates any contractual or legal obligations and does not remedy it within a
reasonable period of time despite a written notice of the “Lessor”;
8.3. The “Lessee” shall be entitled to terminate this Agreement and return the equipment with the
same conditions.
9. Other Conditions
9.1. If required by the parties, any additional conditions shall be annexed to the Agreement which
is an integral part of this Agreement;
9.2. Each party shall be entitled to change the terms and conditions of the agreement, on which
the party shall notify the other party in written.
9.3. The parties shall solve all disputes by mutual negotiations. In case of failure to resolve
disputes by negotiations, such dispute shall be submitted to the court or private arbitration by the
complainant party in accordance with the rules defined by the current law.
