General terms and conditions for rental services Facio
The Swedish version of these terms and conditions is an agreement between Facio and our clients; the English translation does not carry the same legal weight, and is provided for informational purposes only.
These rental terms and conditions relate to all current and future rental agreements.
The terms and conditions apply to (a) rental and (b) turnkey rental with all costs included.
The terms and conditions that apply specifically to one of these types of agreement have been marked with ‘(a)’ or ‘(b)’.
In these terms and conditions, “business clients” refers to a natural person or juridical person or company that we enter into a business agreement with and which acts within the framework of their business or independent personal services.
“Lessor” in these terms and conditions refers to Facio Events.
“Lessee” in these terms and conditions refers to both consumers and business clients.
“Consumers” in these terms and conditions refers to natural persons with whom we enter into a business agreement and who are not renting on behalf of a business or in order to conduct independent personal services.
Terms and conditions which are divergent or incompatible, or other general terms and conditions, shall not comprise a part of the agreement, even if we are aware of them, unless the application of them is approved expressly and in writing.
When the agreement only relates to rental type (a), the requirement to adhere to the safety regulations of the qualified professional organisation is expressly referred to. In addition to these requirements, it is
essential that protective helmets and protective shoes be worn during the assembly and disassembly of tents.
The rented material remains the property of the Lessor, and the Lessor may at any time inspect and, in the event of misuse, take possession of it with the aid of Kronofogden (the Swedish Enforcement Authority) if necessary.
The Lessee is obligated to inform the Lessor of the location of the rented material upon request. The material may not be sub-leased, lent or leave Sweden without written permission from the Lessor. The material may not be pawned, sold or transferred to a third party.
When material is sold it remains the property of the Lessor until payment has been made in full. The Lessor draws attention to the fact that the rented material may be owned by a financing company.
Orders shall be confirmed. By placing a written or oral order the Lessee declares a binding intent to enter into a rental agreement. The Lessor has the right to accept the offer within two weeks of receiving it. The agreement is entered into upon the issue of an order confirmation, unless a written agreement has already been confirmed by other means or the order has already been fulfilled prior to the issue of an order confirmation. Until the order has been confirmed, the Lessor reserves the right to rent the offered product to another lessee.
The rented material that is delivered by the Lessor shall be in perfect condition, function without fault and correspond to current construction and accident insurance regulations. In the event
of violation of contractual obligations through minor negligence, the responsibility of the Lessor is limited to foreseeable, direct losses due to damage with consideration to the character of the product and the type of agreement in question. This also applies to violation of contractual obligations through minor negligence on the part of the Lessor’s agents or representatives. This particularly applies to damage by water if this occurs as a result of the Lessor’s equipment being defective.
In relation to business clients, the Lessor carries no liability for minor violation of contractual obligations due to minor negligence. These limitations of liability do not apply to claims made by the Lessee due to product liability. In addition, these limitations of liability do not apply to personal injury, damage to health or death for which the Lessor can be considered to be responsible in the eyes of the law.
The rental period that is reflected by the agreed rental price begins when the rental material leaves the Lessor’s storage or is otherwise received by the client, and ends on the day on which it has been agreed that
the rented material is to be returned to the Lessor’s storage or delivered to or collected by another client. If (a) the contractual rental period is exceeded or an obligation to disassemble or transport the equipment that the Lessee has agreed to is not fulfilled, the chargeable period is extended correspondingly. This does not affect any claims for damages at the time or in perpetuity.
The rental price (net price) is based on the costs established in the order confirmation. Costs that arise later (which are to be documented) or changes in price – (b) as well as those relating to transport – require the contracting parties to renegotiate the prices in question.
Rental prices shall also be changed if it is not possible or permitted to use ground stakes to anchor a tent system and it is therefore necessary to use heavy poles, floors or weights.
The rental of heating equipment and oil tanks does not include delivery of heating oil. This must be attended to by the Lessee unless other provisions have been agreed upon with the Lessor. Risks relating to the presence and use of heating and oil storage equipment and electricity and drainage and water supply are carried by the Lessee.
We expressly refer to the fact that construction regulations may vary between countries, and must be adhered to by the Lessee. The Lessee shall ensure the correct provision and usage of power cables to the heating equipment according to the schematic provided by the Lessor, unless other provisions have been agreed upon with the Lessor. Regardless of the time of year, the Lessee shall add antifreeze agent to the heating oil unless other provisions have been agreed upon with the Lessor.
The Lessee bears the responsibility for the chemical cleansing of the tanks before and after use if they are not in compliance with local, regional or national rules or laws relating to the transport of dangerous substances. For this reason we recommend that the equipment is delivered and collected by the Lessor, or at least that an insurance policy is taken out that covers all risks.
The Lessee is only entitled to settle claims if these claims are legally established or the Lessor agrees with any counterclaims on the part of the Lessee. The Lessee is only entitled to exercise liens if the Lessee’s counterclaim is predicated on the same contractual relationship.
Compensation claims regarding materials, delivery or service do not entitle the Lessee to claims on reducing the agreed-upon price of the rental.
(a) The costs and risks involved in transportation of the material are borne by the Lessee, unless transportation is carried out by the Lessor according to the terms and conditions as set out in the order confirmation. The day of
transportation that has been set by the Lessor can be changed in extenuating circumstances. (b) The costs of transportation are stated separately or included in the contractual price. The Lessor bears the risks involved in transportation and arranges the transportation of the material to and from the Lessee’s property, unless other provisions have been made. If the Lessee requests that the assembly/disassembly manager and/or his work team be allowed to perform work that has not been agreed upon beforehand, the cost of the working time is calculated on an hourly basis.
(b) The Lessee shall, 30 days prior to the commencement of work and unless other provisions have been made with the Lessor, provide the Lessor with detailed plans of the exhibition area/place.
The Lessee shall clear the site where the material is to be assembled or otherwise worked with, and sufficient storage space shall be made available for the duration of the assembly and disassembly processes. This shall be paid for by the Lessee. If it becomes necessary to discontinue assembly or disassembly and the Lessee is found to be responsible for this, the Lessee shall bear the additional costs incurred.
(b) The Lessee shall ensure that the surface of the site is even, horizontal and suited for ensuring the correct assembly of the rented material. When the material has been disassembled, it is the Lessee’s responsibility to ensure that the site is restored to its original condition, rather than the Lessor’s. Roads to and from the site, along with the site itself, shall be suitable for passage by the Lessor’s vehicles and other assembling aids (cranes, etc.). The Lessee or its representatives shall select and clearly state the exact location in which the rented material is to be assembled. The Lessee bears the responsibility for any consequences resulting from the site being unsuitable. The Lessee bears the responsibility for securing, fencing off and lighting the site, ensuring the provision of water, drainage and any other wire, cable or other form of connection (both above and below ground) and the placement of fuel for heating systems. If the Lessor has been commissioned to deliver and provision water, drainage, electricity, fuel, etc., the Lessee shall adhere to the schematic provided by the Lessor unless any other provision has been made. If the Lessor has not received suitable plans regarding buried wires and cables of all types (e.g. power, gas, oil, water, drainage, heating, etc.) when work commences, the Lessee implicitly agrees to the commencement of work and is liable for any damage to wires and cables and resultant damage and/or injury.
The Lessee shall inform the authorities of the assembly of the rented material well in advance, and ensure that any applicable regulations (be they local, national or otherwise) pertaining to movable structures, public meeting places, safety and emergency exits and tent systems are adhered to. (b) The Lessee shall ensure that there is sufficient space at the site for the Lessor to establish a personnel area or suitable lockable room and ensure access to toilets, a washing area and a suitable location in which materials for packing and transportation, as well as other equipment, relating to the leased material can be stored for the duration of the rental period.
(b) The Lessor shall communicate the date of assembly and disassembly clearly and well in advance. The Lessee shall provide plans for the placement of the rented material, desired routing of heating conduits, desired floor openings for water and drainage conduits and cables, and the exact location of doors and planning of footpaths in relation to the rented material. Damage due to drilling into street paving consisting of mixed materials, asphalt, paving, etc.
during the assembly process shall be paid for by the Lessee.
(a) If the Lessee themselves elects to assemble and disassemble the rented material, the Lessor can if so requested send one or more supervisors to direct the work. These services will be charged for. Assistants that the Lessee hires for this purpose are part of the Lessee’s staff, and are not employed by the Lessor. Assembly supervisors will commence assembly and disassembly once all of the necessary assistants are available and have been informed of relevant, current safety instructions. The Lessee bears the responsibility for any consequences that arise due to the safety regulations not having been followed.
(a) and (b) Unforeseen weather conditions (storm, rain, snow or frost) that make it impossible to finish assembly or disassembly on time cannot be the basis for claims for financial compensation on the part of the Lessee. The Lessee is obligated to take all reasonable measures to minimise damage. The work that is required to maintain and secure the rented material and its surroundings and ensure the safety of the persons on-site shall be performed and paid for by the Lessee, regardless of whether tents are damaged through force majeure that results in them being rendered unusable or no longer usable for the intended purpose.
When tent systems, trailers or other rented materials are assembled, parked or otherwise stored outdoors during the winter season, the Lessee shall ensure that roofs and ceilings are immediately cleared of snow under such conditions, both day and night, in order to avoid snow load. This is most suitably achieved through heating (a constant minimum internal temperature of 12°C). Unless other provisions have been made the Lessee is responsible for the mounting, dismounting and service of electricity, water and drainage, including all costs associated with fuel, lubrication, electricity, water and drainage, etc. Repairs can only be performed by the Lessor or a person who has been assigned by the Lessor. All consequences of damage, injuries and accidents, such as delays to work, loss of operation, fines or other contractual sanctions, are not attributable to nor the responsibility of the Lessor.
(b) The Lessee bears the responsibility for ensuring that they are in compliance with construction regulations and have the necessary permits, etc., and that this is achieved prior to the rented material being received by the Lessee.
The Lessee shall bear any costs associated with this compliance.
The Lessee shall install emergency lighting and emergency exit signs, and continually ensure that these are in working condition.
(b) The Lessee shall give the assembly supervisor a certificate stating that the Lessee accepts the condition of the completed assembly.
If use of the rented material is commenced, this is the same as if the Lessee had issued a certificate. No subsequent complaints
will be taken into consideration unless they relate to hidden defects. At the end of the rental period, the Lessee or their representative shall return the rented material to the Lessor or the Lessor’s representative, or ensure its safe delivery to/collection by persons who are stated as recipients in the contract.
The Lessee shall pay for damage that the Lessee themselves could have avoided through due care, or that has been caused by unsuitable handling on the part of the Lessee or a third party. The insurance coverage does not extend to other objects at the site owned by the Lessee or consequential damages. These shall not be reimbursed. The Lessee is obligated to pay for all material damage and personal injuries that occur and which the Lessee is responsible for and have been caused by the operation and use of the rented equipment. It is the responsibility of the Lessee to take out a separate third-party insurance policy in order to cover such damages. The Lessee shall pay for equipment and (a) lost, stolen or damaged tools.
The Lessee is not allowed to make changes or perform repairs, have changes made or repairs performed or approve the making of changes or performing of repairs to the rented equipment without the approval of the Lessor, with the exception of the maintenance and safety measures stated in Item 7 of these terms and conditions, which the Lessee is required to perform. The Lessee is responsible for all consequences of such changes or repairs. It is not permitted to hang objects, particularly heavy objects, on the tent’s frame. It is not permitted to paint parts of the frame or the floor. The Lessee shall remove any residual adhesive left by advertisements or similar materials prior to returning the rented material and, if this is not undertaken to the Lessor’s satisfaction, the Lessee shall pay for the work that is required to restore the equipment to its original condition.
As per the relevant construction or other legislation, legal action can be taken against anyone who moves or removes part of the structure, particularly supports or guy lines, or moves or causes emergency exits to become unusable. If parts of the structure, the ceiling or the tent cloth become loose or are compromised in any way, the Lessee (b) is obligated to immediately inform the Lessor and ((a) and (b)) immediately take necessary measures to stabilise the structure.
When there is a risk of a storm or bad weather, the Lessee or any users of the structure that the Lessee has deemed to be responsible for the structure shall immediately close all entrances and exits such that they are properly sealed and, when necessary, evacuate all persons from tent systems and trailers. The Lessee’s responsibility for the rented material begins when it is consigned to the Lessee, and is discharged with (a) the return of the material or (b) when disassembly commences.
From delivery to collection, the Lessee is responsible for any and all damage to the rented material, as well as in relation to third parties, including damage caused by the Lessee or third parties during unforeseen circumstances or due to negligence. The Lessee is responsible for indirect losses, such as loss of operation, time, profit and similar, that arise in connection with the use of the rented material. The Lessor is only responsible for damage that is caused by the rented material if it can be proven that this damage is the result of an error committed by the Lessor or the Lessor’s personnel.
The Lessee bears full responsibility for the rented material. The Lessor insures the rented material against damages such as fire, theft and other forms of damage that involve the rented material being impossible to repair. In the event of damage, the Lessee is charged a sum amounting to two price base amounts. If the value of the rented material is less than two price base amounts, the Lessor shall be indemnified for the damaged material to the value of a replacement.
Neither party may cancel the agreement without becoming liable to pay compensation except in particular circumstances. If the term of the rental agreement exceeds one month and has an indefinite duration it can be cancelled by either contractual party with one month’s notice, starting on the first day of the coming month. Individual written agreements take precedence over this condition.
If the rented material cannot be used or if an event that the Lessor’s services have been contracted for cannot take place as a result of a decision made by the authorities or due to other factors over which the Lessee has no power, the Lessee shall immediately inform the Lessor. In such circumstances the Lessor can charge the Lessee for already incurred costs, as well as expected, if these latter cannot be avoided. If tents are damaged to such a degree that they cannot be used or continued to be used as a consequence of force majeure or other factors that neither contractual party is responsible for, the Lessee is only entitled to a credit note amounting to the value of the rental price for the rental period in question. Further claims will not be taken into account. If the Lessor through no fault of their own is unable to fulfil the agreement, the Lessor is not liable to pay damages. If the Lessor fulfils the agreement albeit with a delay (due to bad weather, transportation delays, strikes or similar factors) a reasonable extension of the rental period shall be granted by the Lessor in writing or specified in a separate agreement.
Subject to what has been agreed upon in the order confirmation, the following payment terms apply: payment shall be received within 10 days of the invoice date. Any payment made by the Lessee that is received after this date shall be considered to be late. For the duration of the period in which payment is late, an interest fee of 8% above Riksbanken’s reference rate per year of the total payment due shall be added. With regard to business clients, the Lessor reserves the right to demonstrate and demand compensation for losses due to late payment.
When equipment is rented out for an infinite duration the Lessor has the right to terminate the rental agreement without notice when payment of the rental charge is two months behind. Three days after giving notice of their intention to do so, the Lessor has the right to collect or disassemble the rented material from its location, regardless of whether it still contains equipment or furnishings belonging to the Lessee. The same is true if the rented material has been sub-leased to a third party without the consent of the Lessor.
Damage to the property of the Lessee or a third party as a result of premature disassembly will not be compensated. Any costs incurred in connection with premature disassembly and/or transportation are charged to the Lessee. While not obligated to do so, the Lessor will generally notify the Lessee in advance of the date on which the material will be disassembled so that the Lessee is able to prepare and vacate it in good time. If the Lessor so requests, the Lessee shall inform the Lessor in writing and within 24 hours of the location of the rented material, whether it is assembled or not or, if it has been moved, of its new location. If a payment for material that has been sub-leased, in violation of the above prohibition, is late, the Lessee immediately and irrevocably transfers its claims on the third party (the sub-lessee) to the Lessor and undertakes to, upon request, provide the Lessor with the sublessee’s name, address and contact details within two days.
Disputes concerning the agreement or its establishing, interpretation or application, or that arise from the legal relationship between the two parties due to or in connection to the agreement, shall be settled by consultation between the Lessee and the Lessor. Should such a dispute remain after this consultation it shall be arbitrated by a public court, beginning with Stockholm District Court by preference of the Lessor. Swedish law applies, even with regard to commissions undertaken for clients who are not based in Sweden, unless UN trade laws supersede this. Other details are regulated by the particular conditions established by the Lessor in the quotation and order confirmation.
Any provision of these rental terms and conditions or any provision in other agreements losing its validity does not affect any other provision or agreement. Any provision that has wholly or partially lost its validity shall be replaced by a provision, the economic effects of which shall be as similar to the now-invalid provision as is possible.
For the purposes of these terms and conditions, ‘force majeure’ is defined as the occurrence of the following events or circumstances, which alone or in combination affect the capacity or ability of one or both parties to meet its contractual obligations:
Explosion, fire, accident, natural disaster, war, riot, civil disobedience, acts of terrorism, strike and lock-out and/or: