Yhino S.L. rents to the Contractor the machinery and accessories belonging to the Contractor on the conditions contained in the rental offer on our site and in accordance with these general terms and conditions.
“Accessories” means materials such as pipes and ducts for air, electrical cables, panels and other equipment of any kind, rented by the Contractor.
Contract documents
The documents forming the contract as a whole are: the rental quotation, duly signed by a person authorised to accept it, the general terms and conditions, the invoice, the transport document and the receipt for returning the equipment to Yhino S.L. at the end of the rental contract.
However and in any case, the rental offer, signed for acceptance by the Contracting Party, shall prevail over all other documents.
Yhino S.L.’s rental offer is effective for 10 days from the date thereof, subject to the availability of materials ready for rental.
Any changes to the contract shall be valid and effective only if they result from a written document, signed by both parties.
The agreement thus concluded between Yhino S.L. and the Contractor is hereinafter referred to as the “contract”.
Use of rented equipment
The Contractor undertakes to ensure the maintenance of the leased equipment and accessories as well as their upkeep during the entire period of the lease and undertakes, if necessary and at his own cost and care, to obtain the permits from the competent authorities and/or authorisations for the parking and/or operation of the leased asset.
The Contractor undertakes to use the leased equipment with the necessary diligence, care and supervision; furthermore, he/she shall use it/them in accordance with the conditions contained in the rental quotation (CONTRACT).
The Contractor shall ensure that the rented equipment is not overloaded or damaged and shall check the level of water or water/antifreeze mixture, fuel, gas supply and whatever (depending on whether it is conditioning/cooling or heating machinery) appropriate to the need and proper functioning of the machines, ensuring that everything is maintained at the necessary level.
The Contractor is expressly forbidden to put the equipment into operation if it is defective or damaged and, in any case, in a state that constitutes a danger; therefore, if the Contracting Party or one of its employees, collaborators or agents uses it in this condition, the Contractor shall be solely liable for any damage, loss or incident resulting from its action.
The Contractor is expressly forbidden to sublet the rented equipment or to grant it to third parties on loan, under penalty of termination of the contract; furthermore, the Contractor is also expressly forbidden to move it from the place of use, as agreed with Yhino S.L., under penalty of termination of the contract by law.
In the event of failure or damage to the equipment due to the Contracting Party’s breach of any obligation under the contract, the Contracting Party shall pay Yhino S.L.:
– the cost of such repairs as, at Yhino S.L.’s discretion, may be necessary or appropriate:
– the rental fee for all that the equipment(s) has (have) remained unused due to such faults or damage and for the entire period necessary for the repairs
– the rental fee for the amount requested in lieu of the equipment damaged by the Contractor, under the same conditions already set out in the rental offer. However, Yhino S.L. shall not be required to accept the replacement request.
In the case of a load requiring the use of cooling units at a temperature below + 4°C, the Contractor is obliged to constantly check the level of the heat-conducting fluids used (such as water with glycol); he shall be liable for any damage caused by frost on the leased machinery and any other damage resulting from the use, for example, of refilling those heat-conducting fluids that have not received the express consent of Yhino S.L.. It is also the Contracting Party’s task to ensure that the fluid used by him complies with the laws and regulations in force.
Specific electrical connections / power panel construction
The electrical connections of the machinery(s) to the place where they will be used for charging, as well as the realisation of one or more electrical power panels is the responsibility of the Contractor himself.
Installation / uninstallation of the equipment(s)
It is the sole responsibility of Yhino S.L., if foreseen. The relative costs are those indicated in the offer / estimate according to the contract.
Compliance with current legislation
The Contractor undertakes to use the rented property in accordance with the laws and regulations in force relating to the installation, use and operation of the machine(s).
Maintenance of machinery(s)
During the entire duration of the rental, Yhino S.L. guarantees the maintenance of the leased item, with regard to ordinary use and normal degradation due to it, if so stipulated in the offer/contract which shall also contain the costs. Otherwise, the Contractor shall bear the costs.
Condition of the machine(s) on delivery
The Contractor is responsible for examining and verifying what was rented at the time of delivery and after installation. In case of rental for several days, everything shall be deemed to be delivered and installed in a condition suitable for use and to the satisfaction of the Contractor, without prejudice to the possibility for the Contractor to provide Yhino S.L. with an express written communication within 24 hours after the date of completion of the installation.
Preparation of suitable spaces or basements or structures to house equipment
In the absence of the above, the Contractor undertakes to procure, supply and install space, base and / or device suitable to the need or take all appropriate and necessary measures for the case, without prejudice to the possibility of appointing Yhino S.L., if necessary and quantified in the estimate / contract.
If the Contractor does not provide this and does not expressly request Yhino S.L. to obtain a reward, any damage, breakage or interruption of operation should occur, at his expense will be the costs of recovery and restoration or replacement of the damaged equipment/s.
Return of leased goods
The Contractor undertakes to return the leased asset and any accessories at the end of the rental period as per the contract, in the condition in which it was received, subject to normal degradation due to use.
Failure to return, or return in conditions other than those mentioned in the preceding paragraphs, whether through the fault of the Contracting Party, its employees/collaborators/agents, shall oblige it to correspond to Yhino S.L.:
– all costs to replace the rented asset or, at the discretion of Yhino S.L., its new value at the expiry date of the rental period, according to the estimate / contract
– the rental fee from the expiry date of the contract until the time when the sum mentioned in letter a) is paid, plus a penalty equal to 50% of the fee calculated for the entire duration of the rental according to the contract.
The Contractor shall be liable for the deterioration, loss, theft or fire of what was hired, regardless of the causes, even in cases of force majeure or unforeseeable circumstances. In the event that the contracted asset is partially or completely destroyed, the Contractor shall not be entitled to any reimbursement; furthermore, the contract shall continue until expiry, without the Contractor being able to claim any reduction in the rental fee.
