Terms and conditions
§1 General Information
All rental contracts with RENTMAS, whether for equipment with or without operators, are governed by the following provisions, which replace and repeal any previous agreement. Deviations from these conditions are valid only if agreed upon in writing.
Rental with operator is defined as the provision of machines, equipment, and specialized personnel assigned to operate the machines themselves; rental without operator is defined as the provision of machines and equipment without personnel assigned to their use and without fuel, lubricants, consumables, etc.
It is noted that the equipment subject to the contract is not owned by RENTMAS, which is nevertheless authorized to grant the use of the machines as a sublease.
§2 Contract Finalization
The sending of these general contract conditions implies that the customer has effective knowledge of them and accepts all the clauses contained therein.
§3 Contract Execution, Delivery, and Return
3.1 The rental contract begins when the equipment leaves the Owner's headquarters/branch to be delivered to the Customer and ends when it returns in adequate condition to said headquarters/branch. For this purpose, the transport document will be the sole proof.
3.2 The rental fee is based on 8 hours of use per day, 5 working days per week, 160 hours per month; for registered vehicles, the agreed fee is valid for a daily mileage of 100 km. Any excess will be charged as follows: 1/10 of the daily fee, 1/50 of the weekly fee, 1/200 of the monthly fee, €0.5/km. Work in tunnels and other uses require prior written consent from RENTMAS. In such cases, special rates equal to one and a half times the standard rental price apply (transport, assembly, disassembly, insurance, and any cleaning and commissioning costs are not included).
3.3 The customer is responsible for permits for public land occupation, technical escorts, and any overweight permits, as well as ensuring suitable and safe spaces for unloading and loading the machine. In the case of special transports, permits and any escorts are requested by the customer under their responsibility and assuming the relative cost.
3.4. The Customer will ensure access for transport vehicles for the delivery and collection of the machine. Any documents for the access of vehicles to the construction site will be provided by RENTMAS upon written request from the customer.
3.5 The rental is only intended for use in the territory indicated in the order. If the CUSTOMER intends to use the equipment in another territory, they must communicate this in writing to RENTMAS, which will have the option to authorize or not what is requested. In case of authorization by RENTMAS, the CUSTOMER must assume all charges related to administrative and/or customs practices and timelines that allow and are necessary for use abroad. RENTMAS, upon written request from the CUSTOMER, will provide the documents under its responsibility necessary for completing the procedure for using the machine abroad.
3.6. The duration of the rental is specified in the rental contract as an indication. In any case, the CUSTOMER is obliged to notify RENTMAS in writing with adequate notice of the exact day for the return of the rented property. In the absence of such notice, the CUSTOMER will be required to pay the rental until the day of the actual return of the property.
3.7. In the case of rental without operator confirmed in writing, failure to collect or delayed collection of the equipment or cancellation of the reservation after 8 am on the working day preceding the agreed day for delivery of the equipment will result in a penalty for the CUSTOMER equal to the rental price of the first day.
3.8 Delivery terms may be subject to changes due to unforeseen events and/or particular assembly, control, and set-up requirements of the property and other causes of force majeure. RENTMAS is exempt from any responsibility and obligation in this regard. In particular, the non-delivery of already confirmed machinery due to theft, force majeure, mechanical breakdown, operator illness in rentals with operator can be attributed to RENTMAS only for gross negligence or willful misconduct. The compensation or indemnity charged to RENTMAS can never exceed the amount of the rental, and their liability must be ascertained based on an unappealable judgment. Gross negligence is excluded whenever RENTMAS has warned the CUSTOMER, once aware of the impossibility of fulfilling within reasonable terms.
§4 Ownership of the Rented Property
Given that the property subject to this deed is not owned by RENTMAS, and if third parties exercise legal actions, seizures, or executive acts of any kind on the property subject to this deed, the CUSTOMER is required and obliged to: a) immediately inform third parties exercising actions of any kind that the property is not their own; b) immediately notify RENTMAS in writing of what is happening.
§5 Compliance with Laws and Regulations
The CUSTOMER will observe the regulatory and legal norms applicable to the use of the property, with particular regard to accident prevention legislation. It is strictly forbidden (and the CUSTOMER assumes all consequent responsibility deriving from non-compliance with this rule) to use the property for improper operations, i.e., not provided for in the use and maintenance manual (where required) delivered to the CUSTOMER, or performed in a manner not in accordance with the same. The CUSTOMER also guarantees and undertakes to assume any consequent responsibility and burden deriving from such non-compliance.
§6 Responsibility
6.1 As mentioned in Article 4, the property is not owned by the CUSTOMER and cannot be given in custody or transferred for use to third parties by the CUSTOMER, and in particular, the CUSTOMER will assume, from the moment of collection to the return to RENTMAS, full civil and criminal liability for all damages that may be caused to persons and things as a result of the use and maintenance of the rented property. In case of non-compliance with these rules and the following ones, to which the CUSTOMER undertakes to adhere, RENTMAS disclaims any responsibility and effect deriving from it.
6.2 The CUSTOMER expressly recognizes that for the entire duration of the rental, they will be personally responsible, including towards, for example, the Labor Inspectorate and other competent bodies, for any infringement of the prevention regulations in force, with particular regard to the infringement ascertained in relation to the use of the rented property.
6.3 The unavailability and downtime of the property for any reason and duration, not dependent on the will of RENTMAS, but generated by force majeure or uncontrollable events, do not give the CUSTOMER the right to claim damages or penalties of any kind.
§7 Customer Obligations
7.1 The CUSTOMER undertakes to use the property subject to this deed with the diligence and responsibility of a good father of a family and in accordance with the manufacturer's prescriptions and to use the property only in the prescribed territory and with technically prepared operators, informed and trained for its use. During the rental period, the CUSTOMER will allow RENTMAS personnel or companies appointed by it access to the construction site in order to carry out checks on the correct use of the rented property. Any movement of the same must be previously communicated to RENTMAS.
7.2 Upon collection of the property, the CUSTOMER must ascertain its efficiency, as well as its suitability for the uses to which it will be destined, with an absolute prohibition on making modifications and transformations to it. Any faults detected before use must be immediately reported in writing to RENTMAS, which will undertake to verify what has been reported and possibly provide for the repair and/or replacement of the property with a similar and adequate one, based on its availability.
7.3 At the end of the rental, the property must be returned to RENTMAS in the same conditions in which it was received, fully cleaned, except for normal wear and tear connected to its appropriate use. Any breakdowns and wear exceeding the norm or caused by negligence, operator unpreparedness, or simply by inadequate use of the property, must be immediately reported in writing to RENTMAS, which will arrange to have them repaired by technicians and/or companies of its trust or affiliated with it, charging the expenses incurred to the CUSTOMER. In this case, RENTMAS, not responsible for breakdowns caused by non-compliance with the rules of use, can provide another property as a replacement at the CUSTOMER's request, with a new rental contract. At the time of return to RENTMAS, the property must not show any damage. Otherwise, the CUSTOMER will be charged for the costs of repair and original restoration of the property, including labor, spare parts, and transport to the workshop.
§8 Security Deposit and Invoice Payment
Rentmas reserves the right to request, as a guarantee for the services to be provided to the CUSTOMER, the payment by the CUSTOMER of a sum of money as a security deposit. The CUSTOMER provides for the payment of the same, by bank transfer, using the bank details provided by RENTMAS or by credit card. If, after the security deposit has been paid, the rented property shows damage after being returned to RENTMAS, Rentmas can retain the paid security deposit. In the absence of damages or additional expenses to be borne by the CUSTOMER, the security deposit is returned in full at the end of the rental period. The bank transfer is made "subject to collection", to be considered as a resolutive condition pursuant to art. 1353 of the Civil Code. Within the deadline indicated by Rentmas, the CUSTOMER must execute the bank transfer and send, via e-mail, to Rentmas the copy of the bank transfer receipt, showing the CRO (Operation Reference Code) number or other equivalent code. If this deadline passes without Rentmas having evidence of the requested payment, the CUSTOMER's request for services will not be considered valid and the service, as well as the requested rental property, will be released. The CUSTOMER, choosing to proceed with the payment of the deposit by credit card and providing the relevant data during the request process, gives Rentmas the mandate to withhold the amount established as a security deposit, by charging it to the CUSTOMER's credit card. It is understood that in any case of refusal of the aforementioned debit operation, Rentmas will be free to release itself from the request without incurring any liability. In the case of payment of the deposit by bank transfer and/or by credit card, the CUSTOMER and Rentmas undertake to comply with the conditions set out in this article.
§9 Maintenance and Repair
9.1 RENTMAS is required to make available to the customer an object in good working order. If the rental object does not function properly, RENTMAS's responsibility is limited exclusively to repairing it as quickly as possible. RENTMAS is not required to replace the rental object and cannot be held responsible for any losses regarding productivity, loss of earnings, or defective work results due to the malfunction of the rental object. Any claim for compensation for direct or indirect damages (loss of earnings, loss of contract, or bad publicity) is excluded.
9.2 RENTMAS provides explanations and instructions necessary for the operation of the rented object. By signing this contract, the CUSTOMER declares to have received all necessary information. The delegated user declares to possess the skills and all the permits required for the correct handling of the rented object and to have taken knowledge of all the operating and safety instructions applicable to the use of the rented property.
9.3 It is reminded that all transport, spare parts, travel, and travel time costs related to the repair or replacement of parts that will be recognized as defective or damaged following or during the rental and attributable to the CUSTOMER, to whom the total responsibility for the correct and appropriate use of the property and for the control of its efficiency at all times, even after maintenance and repair interventions, remains exclusively. If the property is used in a manner not in accordance with the manufacturer's instructions, or if it is disassembled and modified or repaired, even in part, outside the workshops of a company or personnel indicated by RENTMAS or affiliated with it, or if the property is not stopped in time when the malfunction occurs, the repair costs are always borne by the CUSTOMER. The following are also borne by the CUSTOMER: a) daily maintenance operations (such as cleaning and greasing the machine, cleaning and replacing filters, checking the density of the electrolyte and topping up distilled water in the battery, etc.) and related materials which must be of the types prescribed by the manufacturer; b) maintenance of tires or replacement of the same in case of breakage or cuts; c) repair of breakdowns or wear due to negligence for improper use or overloading of the machinery, or for not having stopped the property immediately upon the occurrence of defects; d) the work or repairs necessary to eliminate wear exceeding the norm.
§10 Insurance
The CUSTOMER has the obligation to insure the object of the lease against the consequences of damage from use, fire, explosion, transport, assembly and/or disassembly, theft, robbery, natural calamities, and vandalism. These risks are covered by the machine insurance proposed by RENTMAS with the following deductibles:
deductible 10% of the damage with a minimum of € 3,000.00 for entities worth € 30,000.00 or less; € 7,000.00 for entities worth between Euro 30,001.00 and Euro 100,000.00; € 10,000.00 for entities worth between Euro 100,001.00 and Euro 200,000.00; € 15,000.00 for entities worth more than Euro 200,000.00. For theft and robbery damages, a 25% deductible applies, with the minimums indicated above remaining firm.
§11 Default
The non-payment of even a single rental fee and/or the non-compliance with the clauses expressly contemplated in the contract under penalty of termination, constitute serious breach and determine the right of RENTMAS to terminate the contract. In case of termination of the Contract, the CUSTOMER is required to immediately return the machinery and all accessories and pay the rental fee accrued up to the date of actual delivery of the same.
RENTMAS also reserves the right to carry out the mechanical blocking of the machinery remotely, even without notice to the CUSTOMER, without this resulting in any charge for damages directly or indirectly consequent to the blocking of the machinery.
§12 Right of Withdrawal
Pursuant to art. 1373 of the Civil Code, the CUSTOMER may withdraw from the contract in the event of acceptance of the proposal by RENTMAS, before it is executed, by giving written notice at least three working days before the contractually agreed date for the start of its execution. RENTMAS reserves the right to apply a penalty for lost time, quantifiable based on the extent of the days of missed rental.
§13 Solve et Repete Clause
The CUSTOMER may not raise exceptions regarding the execution of the contractual performance by RENTMAS if they have not fully fulfilled their own obligations, particularly concerning the payment of the service, expenses, and any compensation for damages caused.
§14 Validity of the Contract
These general conditions are made available to the CUSTOMER on the website www.rentmas.net so that the CUSTOMER can accept, store, and reproduce them. The related rental contract is finalized with the request through the rentmas.it platform by the CUSTOMER directed to the conclusion of a rental contract and the consequent confirmation of availability regarding the CUSTOMER's request by RENTMAS. RENTMAS reserves the acceptance of the order following its own verifications of the data provided by the CUSTOMER.
§15 Peremptoriness of Terms and Clauses
The terms and clauses of this deed are intended to be peremptory and essential, because this is what the parties want and because otherwise RENTMAS and the CUSTOMER would not have stipulated the contract.
§16 Data Protection
For the purposes of this contract, the parties declare that all personal data resulting from this Contract and from the orders deriving from it, relating to both the parties and the personnel of the parties and to identified and identifiable third parties involved in any capacity, are processed in compliance with Reg. (EU) 2016/679 - GDPR - and Legislative Decree 196/2003 and subsequent amendments - Code regarding the protection of personal data. By signing this contract, the CUSTOMER also declares to have been duly informed according to the law that the rented goods are all equipped for logistical and organizational purposes with technological devices, such as geolocation and traceability systems, and consents to the collection and subsequent processing of these data, for example relating to the geographical position or the state of the property.
§17 Interpretation, Modification, Invalid Clauses
Any attachments are to be considered an integral part of the contracts to which they refer. Unless otherwise specified, any reference to price lists, general contract conditions or other documents, is valid for the documents valid at the time of the reference itself; the previously valid related documents between the contracting parties are to be considered null and void. Any explanations given during the negotiation or execution of the lease, as well as the behavior of the contracting parties, can be used for interpretation only of the contract to which they refer and in any case only if they are not in contradiction with these general contract conditions or with any different agreements agreed in writing at the time of stipulation of the related contract. To be valid, any modification or integration made by the contracting parties to the contracts subject to these general conditions must be in writing. A derogation from one or more provisions of these general contract conditions cannot be an extensive or analogical interpretation of others and does not subject the will.
All rental contracts with RENTMAS, whether for equipment with or without operators, are governed by the following provisions, which replace and repeal any previous agreement. Deviations from these conditions are valid only if agreed upon in writing.
Rental with operator is defined as the provision of machines, equipment, and specialized personnel assigned to operate the machines themselves; rental without operator is defined as the provision of machines and equipment without personnel assigned to their use and without fuel, lubricants, consumables, etc.
It is noted that the equipment subject to the contract is not owned by RENTMAS, which is nevertheless authorized to grant the use of the machines as a sublease.
§2 Contract Finalization
The sending of these general contract conditions implies that the customer has effective knowledge of them and accepts all the clauses contained therein.
§3 Contract Execution, Delivery, and Return
3.1 The rental contract begins when the equipment leaves the Owner's headquarters/branch to be delivered to the Customer and ends when it returns in adequate condition to said headquarters/branch. For this purpose, the transport document will be the sole proof.
3.2 The rental fee is based on 8 hours of use per day, 5 working days per week, 160 hours per month; for registered vehicles, the agreed fee is valid for a daily mileage of 100 km. Any excess will be charged as follows: 1/10 of the daily fee, 1/50 of the weekly fee, 1/200 of the monthly fee, €0.5/km. Work in tunnels and other uses require prior written consent from RENTMAS. In such cases, special rates equal to one and a half times the standard rental price apply (transport, assembly, disassembly, insurance, and any cleaning and commissioning costs are not included).
3.3 The customer is responsible for permits for public land occupation, technical escorts, and any overweight permits, as well as ensuring suitable and safe spaces for unloading and loading the machine. In the case of special transports, permits and any escorts are requested by the customer under their responsibility and assuming the relative cost.
3.4. The Customer will ensure access for transport vehicles for the delivery and collection of the machine. Any documents for the access of vehicles to the construction site will be provided by RENTMAS upon written request from the customer.
3.5 The rental is only intended for use in the territory indicated in the order. If the CUSTOMER intends to use the equipment in another territory, they must communicate this in writing to RENTMAS, which will have the option to authorize or not what is requested. In case of authorization by RENTMAS, the CUSTOMER must assume all charges related to administrative and/or customs practices and timelines that allow and are necessary for use abroad. RENTMAS, upon written request from the CUSTOMER, will provide the documents under its responsibility necessary for completing the procedure for using the machine abroad.
3.6. The duration of the rental is specified in the rental contract as an indication. In any case, the CUSTOMER is obliged to notify RENTMAS in writing with adequate notice of the exact day for the return of the rented property. In the absence of such notice, the CUSTOMER will be required to pay the rental until the day of the actual return of the property.
3.7. In the case of rental without operator confirmed in writing, failure to collect or delayed collection of the equipment or cancellation of the reservation after 8 am on the working day preceding the agreed day for delivery of the equipment will result in a penalty for the CUSTOMER equal to the rental price of the first day.
3.8 Delivery terms may be subject to changes due to unforeseen events and/or particular assembly, control, and set-up requirements of the property and other causes of force majeure. RENTMAS is exempt from any responsibility and obligation in this regard. In particular, the non-delivery of already confirmed machinery due to theft, force majeure, mechanical breakdown, operator illness in rentals with operator can be attributed to RENTMAS only for gross negligence or willful misconduct. The compensation or indemnity charged to RENTMAS can never exceed the amount of the rental, and their liability must be ascertained based on an unappealable judgment. Gross negligence is excluded whenever RENTMAS has warned the CUSTOMER, once aware of the impossibility of fulfilling within reasonable terms.
§4 Ownership of the Rented Property
Given that the property subject to this deed is not owned by RENTMAS, and if third parties exercise legal actions, seizures, or executive acts of any kind on the property subject to this deed, the CUSTOMER is required and obliged to: a) immediately inform third parties exercising actions of any kind that the property is not their own; b) immediately notify RENTMAS in writing of what is happening.
§5 Compliance with Laws and Regulations
The CUSTOMER will observe the regulatory and legal norms applicable to the use of the property, with particular regard to accident prevention legislation. It is strictly forbidden (and the CUSTOMER assumes all consequent responsibility deriving from non-compliance with this rule) to use the property for improper operations, i.e., not provided for in the use and maintenance manual (where required) delivered to the CUSTOMER, or performed in a manner not in accordance with the same. The CUSTOMER also guarantees and undertakes to assume any consequent responsibility and burden deriving from such non-compliance.
§6 Responsibility
6.1 As mentioned in Article 4, the property is not owned by the CUSTOMER and cannot be given in custody or transferred for use to third parties by the CUSTOMER, and in particular, the CUSTOMER will assume, from the moment of collection to the return to RENTMAS, full civil and criminal liability for all damages that may be caused to persons and things as a result of the use and maintenance of the rented property. In case of non-compliance with these rules and the following ones, to which the CUSTOMER undertakes to adhere, RENTMAS disclaims any responsibility and effect deriving from it.
6.2 The CUSTOMER expressly recognizes that for the entire duration of the rental, they will be personally responsible, including towards, for example, the Labor Inspectorate and other competent bodies, for any infringement of the prevention regulations in force, with particular regard to the infringement ascertained in relation to the use of the rented property.
6.3 The unavailability and downtime of the property for any reason and duration, not dependent on the will of RENTMAS, but generated by force majeure or uncontrollable events, do not give the CUSTOMER the right to claim damages or penalties of any kind.
§7 Customer Obligations
7.1 The CUSTOMER undertakes to use the property subject to this deed with the diligence and responsibility of a good father of a family and in accordance with the manufacturer's prescriptions and to use the property only in the prescribed territory and with technically prepared operators, informed and trained for its use. During the rental period, the CUSTOMER will allow RENTMAS personnel or companies appointed by it access to the construction site in order to carry out checks on the correct use of the rented property. Any movement of the same must be previously communicated to RENTMAS.
7.2 Upon collection of the property, the CUSTOMER must ascertain its efficiency, as well as its suitability for the uses to which it will be destined, with an absolute prohibition on making modifications and transformations to it. Any faults detected before use must be immediately reported in writing to RENTMAS, which will undertake to verify what has been reported and possibly provide for the repair and/or replacement of the property with a similar and adequate one, based on its availability.
7.3 At the end of the rental, the property must be returned to RENTMAS in the same conditions in which it was received, fully cleaned, except for normal wear and tear connected to its appropriate use. Any breakdowns and wear exceeding the norm or caused by negligence, operator unpreparedness, or simply by inadequate use of the property, must be immediately reported in writing to RENTMAS, which will arrange to have them repaired by technicians and/or companies of its trust or affiliated with it, charging the expenses incurred to the CUSTOMER. In this case, RENTMAS, not responsible for breakdowns caused by non-compliance with the rules of use, can provide another property as a replacement at the CUSTOMER's request, with a new rental contract. At the time of return to RENTMAS, the property must not show any damage. Otherwise, the CUSTOMER will be charged for the costs of repair and original restoration of the property, including labor, spare parts, and transport to the workshop.
§8 Security Deposit and Invoice Payment
Rentmas reserves the right to request, as a guarantee for the services to be provided to the CUSTOMER, the payment by the CUSTOMER of a sum of money as a security deposit. The CUSTOMER provides for the payment of the same, by bank transfer, using the bank details provided by RENTMAS or by credit card. If, after the security deposit has been paid, the rented property shows damage after being returned to RENTMAS, Rentmas can retain the paid security deposit. In the absence of damages or additional expenses to be borne by the CUSTOMER, the security deposit is returned in full at the end of the rental period. The bank transfer is made "subject to collection", to be considered as a resolutive condition pursuant to art. 1353 of the Civil Code. Within the deadline indicated by Rentmas, the CUSTOMER must execute the bank transfer and send, via e-mail, to Rentmas the copy of the bank transfer receipt, showing the CRO (Operation Reference Code) number or other equivalent code. If this deadline passes without Rentmas having evidence of the requested payment, the CUSTOMER's request for services will not be considered valid and the service, as well as the requested rental property, will be released. The CUSTOMER, choosing to proceed with the payment of the deposit by credit card and providing the relevant data during the request process, gives Rentmas the mandate to withhold the amount established as a security deposit, by charging it to the CUSTOMER's credit card. It is understood that in any case of refusal of the aforementioned debit operation, Rentmas will be free to release itself from the request without incurring any liability. In the case of payment of the deposit by bank transfer and/or by credit card, the CUSTOMER and Rentmas undertake to comply with the conditions set out in this article.
§9 Maintenance and Repair
9.1 RENTMAS is required to make available to the customer an object in good working order. If the rental object does not function properly, RENTMAS's responsibility is limited exclusively to repairing it as quickly as possible. RENTMAS is not required to replace the rental object and cannot be held responsible for any losses regarding productivity, loss of earnings, or defective work results due to the malfunction of the rental object. Any claim for compensation for direct or indirect damages (loss of earnings, loss of contract, or bad publicity) is excluded.
9.2 RENTMAS provides explanations and instructions necessary for the operation of the rented object. By signing this contract, the CUSTOMER declares to have received all necessary information. The delegated user declares to possess the skills and all the permits required for the correct handling of the rented object and to have taken knowledge of all the operating and safety instructions applicable to the use of the rented property.
9.3 It is reminded that all transport, spare parts, travel, and travel time costs related to the repair or replacement of parts that will be recognized as defective or damaged following or during the rental and attributable to the CUSTOMER, to whom the total responsibility for the correct and appropriate use of the property and for the control of its efficiency at all times, even after maintenance and repair interventions, remains exclusively. If the property is used in a manner not in accordance with the manufacturer's instructions, or if it is disassembled and modified or repaired, even in part, outside the workshops of a company or personnel indicated by RENTMAS or affiliated with it, or if the property is not stopped in time when the malfunction occurs, the repair costs are always borne by the CUSTOMER. The following are also borne by the CUSTOMER: a) daily maintenance operations (such as cleaning and greasing the machine, cleaning and replacing filters, checking the density of the electrolyte and topping up distilled water in the battery, etc.) and related materials which must be of the types prescribed by the manufacturer; b) maintenance of tires or replacement of the same in case of breakage or cuts; c) repair of breakdowns or wear due to negligence for improper use or overloading of the machinery, or for not having stopped the property immediately upon the occurrence of defects; d) the work or repairs necessary to eliminate wear exceeding the norm.
§10 Insurance
The CUSTOMER has the obligation to insure the object of the lease against the consequences of damage from use, fire, explosion, transport, assembly and/or disassembly, theft, robbery, natural calamities, and vandalism. These risks are covered by the machine insurance proposed by RENTMAS with the following deductibles:
deductible 10% of the damage with a minimum of € 3,000.00 for entities worth € 30,000.00 or less; € 7,000.00 for entities worth between Euro 30,001.00 and Euro 100,000.00; € 10,000.00 for entities worth between Euro 100,001.00 and Euro 200,000.00; € 15,000.00 for entities worth more than Euro 200,000.00. For theft and robbery damages, a 25% deductible applies, with the minimums indicated above remaining firm.
§11 Default
The non-payment of even a single rental fee and/or the non-compliance with the clauses expressly contemplated in the contract under penalty of termination, constitute serious breach and determine the right of RENTMAS to terminate the contract. In case of termination of the Contract, the CUSTOMER is required to immediately return the machinery and all accessories and pay the rental fee accrued up to the date of actual delivery of the same.
RENTMAS also reserves the right to carry out the mechanical blocking of the machinery remotely, even without notice to the CUSTOMER, without this resulting in any charge for damages directly or indirectly consequent to the blocking of the machinery.
§12 Right of Withdrawal
Pursuant to art. 1373 of the Civil Code, the CUSTOMER may withdraw from the contract in the event of acceptance of the proposal by RENTMAS, before it is executed, by giving written notice at least three working days before the contractually agreed date for the start of its execution. RENTMAS reserves the right to apply a penalty for lost time, quantifiable based on the extent of the days of missed rental.
§13 Solve et Repete Clause
The CUSTOMER may not raise exceptions regarding the execution of the contractual performance by RENTMAS if they have not fully fulfilled their own obligations, particularly concerning the payment of the service, expenses, and any compensation for damages caused.
§14 Validity of the Contract
These general conditions are made available to the CUSTOMER on the website www.rentmas.net so that the CUSTOMER can accept, store, and reproduce them. The related rental contract is finalized with the request through the rentmas.it platform by the CUSTOMER directed to the conclusion of a rental contract and the consequent confirmation of availability regarding the CUSTOMER's request by RENTMAS. RENTMAS reserves the acceptance of the order following its own verifications of the data provided by the CUSTOMER.
§15 Peremptoriness of Terms and Clauses
The terms and clauses of this deed are intended to be peremptory and essential, because this is what the parties want and because otherwise RENTMAS and the CUSTOMER would not have stipulated the contract.
§16 Data Protection
For the purposes of this contract, the parties declare that all personal data resulting from this Contract and from the orders deriving from it, relating to both the parties and the personnel of the parties and to identified and identifiable third parties involved in any capacity, are processed in compliance with Reg. (EU) 2016/679 - GDPR - and Legislative Decree 196/2003 and subsequent amendments - Code regarding the protection of personal data. By signing this contract, the CUSTOMER also declares to have been duly informed according to the law that the rented goods are all equipped for logistical and organizational purposes with technological devices, such as geolocation and traceability systems, and consents to the collection and subsequent processing of these data, for example relating to the geographical position or the state of the property.
§17 Interpretation, Modification, Invalid Clauses
Any attachments are to be considered an integral part of the contracts to which they refer. Unless otherwise specified, any reference to price lists, general contract conditions or other documents, is valid for the documents valid at the time of the reference itself; the previously valid related documents between the contracting parties are to be considered null and void. Any explanations given during the negotiation or execution of the lease, as well as the behavior of the contracting parties, can be used for interpretation only of the contract to which they refer and in any case only if they are not in contradiction with these general contract conditions or with any different agreements agreed in writing at the time of stipulation of the related contract. To be valid, any modification or integration made by the contracting parties to the contracts subject to these general conditions must be in writing. A derogation from one or more provisions of these general contract conditions cannot be an extensive or analogical interpretation of others and does not subject the will.