General Rental Conditions

Updates June 2023

The rate covers 1 to 7 days of immobilization. Rentals beyond 7 days will be subject to custom quotes. Our prices are exclusive of taxes, transport, handling, assembly-disassembly, installation, return of packaging, and insurance. The return date and time for the equipment are mandatory, and any delay will be invoiced according to the current rate.

ARTICLE 1. PURPOSE
These general conditions apply to all equipment rentals and service provisions supplied by Aktuel (hereinafter referred to as the Lessor) to its clients. The General Conditions may be modified at any time and without prior notice by Aktuel. No rental condition of the Client or stipulation expressed on the order as defined below or in any correspondence or other transmission may, unless expressly, prior, and written acceptance by the Lessor, prevail over the General Conditions. Equipment rentals exceeding one month are considered long-term rentals.

ARTICLE 2. ORDER
2.1. Establishment and acceptance of an order
Unless otherwise agreed with the Client, any order for equipment rental by the Client is considered accepted by the Lessor upon the fulfillment of the following two conditions:
- The establishment of a written quote by the Lessor and its express and written acceptance by the Client - and the deposit and/or guarantee set out in Article 3;
In the event of unavailability of one or more items constituting the Equipment, the Lessor will replace them with equivalent items consistent with the other items on the Quote. A new quote will then be drafted and sent to the Client. The order will be considered final after the Client's express and written acceptance of this new quote. The rental duration, as well as the delivery and return dates of the Equipment, are those indicated on the Quote.
The Client's acceptance of the Quote implies their full and unreserved adherence to the General Conditions.

2.2 Order or acceptance within 72 hours
Any new order for Equipment or any acceptance of a Quote by the Client sent to the Lessor less than seventy-two hours (72h) before the scheduled delivery date of the Equipment may incur additional costs, which will not be less than 20% of the rental value of the Equipment and services, with a minimum of two hundred and forty euros excluding tax (€240 excl. tax).

2.3 Modification of the Order
Any modification to the Order must be subject to prior written agreement from the Lessor and may result in additional invoicing which must be accepted by the Client. Failing this, the modification of the Order cannot be taken into account by the Lessor.

ARTICLE 3. CHOICE OF GUARANTEE FORMULA GIVEN TO THE LESSOR
3.1. In order to guarantee the proper execution by the Client of the Equipment rental and Services, the Lessor offers the Client, when drawing up the quote, the choice between,
a. On the one hand, a deposit equal to 100% of the quote, accompanied by the "6casse" insurance, referred to in article 8.2, thus exempting them from paying the security deposit referred to in article 3.2, with the exception of the quotes described in article 3.3
b. Or, on the other hand, a deposit equal to 100% of the quote, excluding "6casse" insurance, and the payment of a security deposit (article 3.2)


3.2. The Security Deposit corresponds to 50% of the value of the rented Equipment indicated on the Quote, but this amount cannot be less than one hundred and sixty euros including tax (€160 incl. tax). It will not bear interest and will be refunded to the Client upon return of the Equipment, after inventory, less any sums due under the General Conditions, and any outstanding rental invoices owed by the Client, and without prejudice to any request and/or action by the Lessor, particularly to obtain compensation for any direct and/or indirect damage.


3.3. Collection of equipment by the client or deliveries deemed risky. Risky delivery is at the sole discretion of the Lessor. Collection of equipment refers to any operation for which delivery and return are not provided by the Lessor's services. In these two cases, the security deposit described in article 3.2 is required, even if the Client has opted for the "6casse" insurance described in article 8.2


ARTICLE 4. RENTAL RATE
The Rate depends on the duration of the Equipment rental indicated on the Quote and the chosen formula. The price is established according to the current rate. The price is denominated in euros and calculated exclusive of taxes and insurance. The price is increased by the applicable VAT rate.
4.1. Freedom Rental
Rental rate for a duration of 24h, departure from depot, return to depot. Additional services can be ordered.
4.2 All-in a few hours
Rental rate for a duration of 24h, including transport within the region of our depots, placement of furniture in your spaces, unpacking and assembly. A planning management fee will be invoiced in addition, as well as any installation or heavy handling services.
4.3 All-in a few days
Same service as 4.2 for a duration of 7 days
4.4 Additional Duration
Whatever the formula, additional days, whether for transport, installation, or use, are invoiced as a percentage of the rate of the chosen formula.

The date and time of return of the Equipment are mandatory, and any delay will be invoiced according to the current rate. In the event of termination of the rental before its term, the total duration of the rental indicated on the quote is due, unless otherwise expressly agreed by the lessor.


ARTICLE 5. INVOICING - PAYMENT CONDITIONS
5.1. Invoicing
5.1.1 Regardless of the chosen guarantee formula, the Lessor will issue a Deposit invoice, potentially mentioning the Security Deposit described in Article 3.2.
5.1.2. The Deposit invoice is payable immediately upon receipt by the Client, and the Security Deposit must be paid to the Lessor on the same date as a guarantee.
The payment, firstly, of the deposit and/or, secondly, of the Security Deposit are conditions for the execution of the Quote.
5.1.3 Any additional rental of Equipment and/or Services referred to in Article 2.2 will be subject to additional invoicing.
5.1.4. A final invoice will be issued by the Lessor upon return of the Equipment by the Client, after establishment of the inventory referred to in Article 7, in order to invoice all additional sums to the Quote that would be due under the General Conditions.
The final invoice will be payable immediately upon receipt by the Client.
If the amount of the final invoice is less than the amount of the deposit invoiced and paid by the Client, a credit note will be issued. The Lessor undertakes to reimburse it within 30 days of receiving a duly completed bank account statement.

5.2 Invoicing for Long-Term Rentals
5.2.1. All Long-Term Rentals will be invoiced to the Client monthly at the beginning of the month. All installation and transport of the Equipment will be invoiced on the first invoice sent to the Client. The amount of the Quote takes into account the rental duration of the Equipment and any associated Services.
5.2.2. If the Client has chosen to pay a Security Deposit, it must be paid to the Lessor with the Advance Payment upon receipt of the accepted Quote.
5.2.3. In the event of termination of the Long-Term Rental before its term, the total rental duration indicated on the Quote will be due. In the event of monthly subscription to "6cancellation" (Article 8.), a recalculation of the rental value will be carried out according to the tariff scale of the elapsed duration, and the calculated complement will be required.
5.2.4. In the event of late payment or non-payment, the Lessor reserves the right to:
Immediately suspend all or part of the Order and/or, automatically cancel, in whole or in part, the execution of the current Order and/or, demand immediate payment of all sums due, regardless of the conditions agreed with the Client.
5.3 Late Payment – Non-Payment
Any delay in payment by the due dates agreed in the General Conditions and/or in the Quote will automatically result in the application of late interest at a rate equal to three times the legal interest rate on the due date.
In case of non-payment and after a formal notice remains unheeded after a period of eight (8) days from its dispatch, the Client will be liable for all sums due under the order and a flat-rate compensation of 15% of the amount of the Quote as damages, in addition to legal costs and fees.

ARTICLE 6. CANCELLATION OF THE ORDER BY THE CLIENT – ORDER POSTPONEMENT
Without prejudice to articles 6.1 and 6.2 below, any cancellation of an Order by the Client, whether total or partial, must be notified in writing to the Lessor and will result, at a minimum, in the Client paying any non-refundable sum and/or costs that the Lessor may have incurred for the Order.

6.1 Total or partial cancellation
Subject to the specific provisions related to a case of force majeure referred to in Article 14 below, or the subscription to "6cancellation" insurance described in Article 8.2, any total cancellation of the Order by the Client for any reason whatsoever will result in the Client paying a flat-rate cancellation fee calculated as follows:
- 100% of the ex-tax amount of the Quote in case of cancellation of the Order if this cancellation occurs within fifteen (15) days preceding the date of making the Equipment available to the Client.
- A minimum of 50% of the ex-tax amount of the Quote in case of cancellation of the Order if this cancellation occurs within a period equal to or greater than fifteen (15) days and less than sixty (60) days from the date of making the Equipment available to the Client.
- Below and beyond these deadlines, the cancellation fee cannot be less than the amount of non-refundable costs and/or sums incurred by the Lessor for the Order. Each quote may be subject to specific cancellation clauses accepted by the client.

6.2 Order Postponement
Any request for postponement of the Order by the Client must be notified in writing to the Lessor. In the event of the Lessor's agreement to such a postponement, a new quote will be communicated to the Client and must be expressly and written accepted by the Client. The new quote may be subject to a new deposit invoice. Failing this, the postponement request will be deemed a total cancellation of the order, the consequences of which are governed by Article 6.1 above.


ARTICLE 7. EQUIPMENT PROVISION - DELIVERY – RETURN
The Lessor offers the Client the provision of Equipment referred to as "Collection" (Article 7.1) or delivery by the Lessor (Article 7.2). The Client's choice of Service is made when establishing the quote.
7.1 Equipment collection by the client
The Equipment is made available to the Client by the Lessor at the warehouse for collection. The Equipment is prepared in transport trolleys and appropriate protections that the Client will use for return, loading them in the same manner as they received them. The loading of the Equipment is the Client's responsibility and is carried out by them at their own risk. Equipment requiring, in particular, assembly by the Lessor's team members is not eligible for collection.
The Equipment is made available to the Client at the place and date agreed upon with the Lessor as indicated on the Quote. The rental of the Equipment takes effect from the moment the Equipment is made available to the Client.
The loading of the Equipment at the warehouse by the Client is carried out by them or by a carrier they have commissioned.
A joint inventory is carried out in the presence of the Client upon provision of the Equipment. This inventory will serve as acknowledgment by the Client of receipt of the Equipment in good condition, fit for purpose, and in compliance with current regulations and standards.
In the absence of the Client during this inventory or in the absence of the Client's signature on the inventory, firstly, the Client will be deemed to have received the Equipment in good condition, fit for purpose, and in compliance with current regulations and standards, and secondly, no dispute will be accepted from the Client, the inventory drawn up by the Lessor being authoritative.

7.2 Delivery of Equipment by the Lessor
The delivery of the Equipment to the Client is carried out by the Lessor, or by a carrier at the Client's expense. The Client is required to be present during the delivery of the equipment.
7.2.1 The All-in a few days, and All-in a few hours formulas include the assembly and disassembly of furniture that requires it, and dispatching to different areas. Transport trolleys and packaging will be stored in a secure location reserved by the Client.
In the event of the Lessor retrieving the trolleys, the transport of the trolleys for their return to the Lessor's warehouse will be invoiced to the Client.
A joint inventory will be carried out upon delivery of the equipment. This inventory will constitute recognition by the Client of receipt of the Equipment in good condition, fit for purpose, and in compliance with current regulations and standards.
In the absence of the Client during this inventory or in the absence of the Client's signature on the inventory, firstly, the Client will be deemed to have received the Equipment in good condition, fit for purpose, and in compliance with current regulations and standards, and secondly, no dispute will be accepted from the Client, the inventory drawn up by the Lessor being authoritative.
Any handling of the Equipment not provided for in the Quote or waiting time will be subject to additional invoicing according to the scale established by the Lessor.

7.2.2 Installations
When establishing the quote, the Lessor may offer the Client an Equipment installation service. This service can rely on plans provided by the Client to the Lessor or on plans from the Lessor's design office ordered and approved by the Client. The invoicing for the installation of the Equipment and the services offered in this article is indicated on the Quote. Additional installations not foreseen will be invoiced based on time spent.
7.2.3 Freedom Rental
The conditions of articles 7.2.1 and 7.2.2 apply, knowing that transport, assembly, disassembly, and dispatching are not included in the rate for this formula.
The Lessor can offer services of all kinds in the form of invoicing for teams of personnel and vehicles providing either transport and/or assembly and/or installations, etc., the intervention duration of which has been quantified before the signing of the Quote.

7.3 Return/collection of Equipment
7.3.1 The Client is required to return the Equipment according to the terms indicated on the Quote and specifically at the agreed location and date. The rental of the Equipment ends when the Equipment is returned to the Lessor's warehouses in the case of collection and return by the client, or when the Lessor collects it.
The Client must be present during the return of the Equipment. A joint inventory will be carried out upon return of the Equipment. In the absence of the Client during this inventory or in the absence of the Client's signature on the inventory, the inventory drawn up by the Lessor will be authoritative. The Equipment will only be deemed to have been returned to the Lessor after this inventory has been established.
Missing Equipment noted on the inventory at the end of the rental will be invoiced based on the Lessor's current rate for the loss, breakage, or deterioration of the Equipment. The Lessor will determine whether the broken or deteriorated Equipment must be replaced or if it can be repaired, and this decision will be binding on the Client. If Equipment is not retrieved because it has been kept by the Client, or stored in inaccessible areas preventing its retrieval, or if this Equipment has not been put back in the trolleys and packaging, the rental of this Equipment will continue to be invoiced based on additional days of immobilization.
A collection transport will be invoiced to the Client. In the case of pick-up, the return must be carried out by the Client or by any carrier they have commissioned.
7.3.2 Collection of Equipment with the Freedom Rental formula
If the client has only opted for a transport service, they will be responsible for the proper arrangement of the equipment in the trolleys with the protections provided during delivery. The final count and inspection will be done at the warehouse, and the Client is invited to participate.Failure to store the equipment when it is collected may prevent its collection and result in rescheduling at the customer's expense, with the customer remaining responsible for the rented equipment. Any handling and waiting time not provided for in the Quote will be subject to additional invoicing. If the customer has ordered teams for the uninstallation, packing, and storage of the Equipment in trolleys with the protections provided during delivery, the inventory will be drawn up on-site and must be signed by the customer.
7.3.3 Collection of Equipment with the All-In package
The price includes the uninstallation and storage of the Equipment in trolleys with the protections provided during delivery. The final count is done on-site. Any handling of the Equipment not provided for in the Quote will be subject to additional invoicing, including any waiting time.

ARTICLE 8. INSURANCES
In order to facilitate the relationship with the Client, the Lessor has created 2 guarantees: firstly, the "six cancellation" guarantee, invoiced at 6% of the rental value of the quote, and, secondly, the "six loss and breakage" guarantee, invoiced at the same rate of 6%.
The guarantees are offered to the Client in the quote. Acceptance of the Quote by the Client constitutes the Client's agreement to subscribe to one or both guarantees; this package of two guarantees is then called "Double Six" and is invoiced at only 9% of the rental value of the quote.
The Client may refuse to subscribe to these guarantees by notifying the Lessor in writing of their decision using a form that the Lessor will send to them before the Client accepts the quote. In this case, the Client will no longer be able to subscribe to these guarantees either before the execution of the Order, once the Quote has been accepted, or during its execution.
8.1 "Six Cancellation" Guarantee
8.1.1. 8.1.1. The purpose of the "six cancellation" guarantee is to allow the Client to totally or partially cancel the rental of Equipment and Services before they are made available or delivered, due to:
- Either the total or partial cancellation of their event.
- Or the reduction in the size of the Event, these two decisions potentially occurring for reasons specific to the Client.
The Client undertakes to notify the Lessor in writing of these decisions no later than twenty-four (24) hours after either the Event has been cancelled or its size has been reduced. The Client must notify the Lessor of the justification for the total or partial cancellation of the event.
This total or partial cancellation must occur twenty-four (24) hours before the Equipment is made available.
8.1.2. In the event of the cancellation guarantee being invoked in accordance with the aforementioned terms, no sum will be due by the Client for the totally or partially cancelled Equipment rentals and Services, subject to costs already incurred by the Lessor and non-refundable, such as costs for special manufacturing already undertaken, printing, material purchases, or other non-refundable costs.
If the notification of cancellation occurs less than twenty-four (24) hours before the delivery of the Equipment, the Client must pay the Lessor 50% of the amount of the Equipment rental and Services.
8.1.3. 8.1.3. In the event of total cancellation of Equipment rental and Services with full reimbursement of sums, the Provision and/or the Security Deposit and the Advance Payment will be fully reimbursed to the Client within thirty (30) days of notification of cancellation by the Client and upon receipt of a duly completed bank account statement (RIB).
8.1.4. 8.1.4. In the event of cancellation of a long-term rental contract, the months engaged are due. Unused months will be covered by the guarantee, with the exception of costs already incurred by the Lessor and non-refundable, such as costs for special manufacturing already undertaken, printing, material purchases, or other non-refundable costs.
The cancellation must be notified in writing at least one week before the beginning of the following month.

8.2 "Six Loss and Breakage" Guarantee
8.2.1. Subject to Article 8.2.2, this guarantee covers any loss, breakage or deterioration of the Equipment within the framework of careful and diligent use of the Equipment, according to best practices and compliance with all instructions for use of the Equipment in accordance with Article 9 below and excluding any disappearance of the Equipment due to theft or lack of supervision of the Equipment.
In the event that this guarantee is invoked, the Lessor shall cover the cost of the lost, broken or deteriorated Equipment, subject to a deductible of 20% remaining the responsibility of the Client.
8.2.2. Not covered by this guarantee are:
Losses, breakages and/or deteriorations whose value is equal to or greater than 20% of the Equipment rental amount, or losses, breakages and/or deteriorations which, for the same item reference, represent a quantity greater than 10% of the quantity delivered. Lost, broken and/or deteriorated Equipment resulting from the use of the Equipment in violation of the provisions of Article 9 below.
8.3 Refusal of Guarantee The Client refusing to benefit from the "Double Six" guarantee may do so using a document that will be provided to them by the Lessor at the Client's request and which, in the event of refusal of such a guarantee, must be returned to the Lessor with the indication of the name of the client account manager at the Client's.


ARTICLE 9. USE OF EQUIPMENT
The Client undertakes to use the Equipment with care and diligence, according to industry standards, and to comply with all instructions for its use. They undertake to use the Equipment in accordance with its usual purpose and to do nothing or allow nothing to be done that could damage it. The Client declares to be capable of using the Equipment themselves or through duly qualified authorized persons. The Equipment must be entrusted to qualified personnel holding all required authorizations.
The Client is solely responsible, in particular, for any electrical installation necessary for the Equipment, in compliance with current regulations. The Client is responsible for the choice of the Equipment installation site and is personally responsible for taking into account the nature of the soil and subsoil, the rules governing public domain, the environment, and any requirements relating to the locations where the Equipment will be.
No modifications and/or transformations may be made to the Equipment by the Client. During the rental period of the Equipment, the Client is responsible for maintaining the Equipment and protecting it against any damage, including vandalism, overloading, bad weather, and theft. No failure or interruption of the Equipment's operation will entitle the Client and/or any third party to any compensation whatsoever. Missing or broken Equipment will be invoiced to the Client at the current replacement rate.

ARTICLE 10. OWNERSHIP OF EQUIPMENT
The Equipment is the exclusive property of the Lessor. The Client is prohibited from allowing it to be seized by any third party, particularly by any creditor. The Client undertakes to ensure that the Lessor's ownership right is respected at all times and by all means. The Client is prohibited from assigning, pledging, or hypothecating the Equipment.

ARTICLE 11. RESPONSIBILITY
The responsibility for and physical and legal custody of the Equipment are transferred to the Client when the Equipment is made available. The Client assumes this custody under their sole and entire responsibility.
The Client guarantees the Lessor against all claims arising from any direct and/or indirect damages caused by the Equipment to persons and/or property, even if these damages result from a fortuitous event or force majeure.
The Client is solely responsible for obtaining all necessary authorizations for the services that prompted the rental of the Equipment from the Lessor. The Lessor is in no way responsible for the availability and/or accessibility of the Equipment delivery location.
The Lessor cannot be held liable to the Client for any loss suffered by the Client, and in particular, no compensation may be claimed from the Lessor for loss of earnings, loss of profit, deprivation of enjoyment, and/or any commercial disturbance, whatever its cause or origin.

ARTICLE 12. INSURANCES
The Client undertakes to take out an insurance policy with a notoriously solvent insurance company, which will cover the consequences of their civil liability and guarantee their responsibility as custodian and user of the Equipment, for the entire duration of the Equipment rental. The Lessor reserves the right to request the insurance certificate from the Client before the Equipment is made available.

ARTICLE 13. TERMINATION
In the event of the Client breaching any of its obligations, the Lessor may, eight (8) days after having formally requested the Client to fulfill its obligations by registered letter with acknowledgment of receipt which has remained unsuccessful, terminate all or part of the Order by right, and this without prejudice to any damages and interests. The Equipment must be returned to the Lessor without delay. Failing this, the Lessor shall be entitled to recover the Equipment.

ARTICLE 14. FORCE MAJEURE
14.1 Neither party shall be held liable for the non-performance of its obligations if such non-performance results from a case of force majeure, namely an unforeseeable and insurmountable event such as fire, natural disaster, strike, interruption of work or telecommunications, epidemic or pandemic, act of government, or any other cause beyond their control, provided that the party invoking a case of force majeure notifies the other of its existence, with arguments, within forty-eight (48) hours from the occurrence of such event. In the event of force majeure and notification made within the aforementioned period, the rental of the Equipment will be suspended. If, after a period of forty-eight (48) hours, the rental cannot be performed and/or continued, the rental of the Equipment will end.
14.2 In the event of force majeure, the Client will be liable for 20% of the total amount of the Equipment rental and Services, unless the Client has subscribed to the "six cancellation" guarantee provided for in Article 8. In all cases, the Client will be invoiced for costs already incurred by the Lessor and non-refundable, such as special manufacturing, printing, material purchases, or other costs.

ARTICLE 15. AUTHORIZATION OF COMMUNICATION, REPRODUCTION AND DISTRIBUTION
The Lessor is authorized by the Client to communicate and/or reproduce and/or distribute on its Website and/or on any medium, and notably on all advertising media, all or part of the service performed so that the Lessor can promote its product and service offering.

ARTICLE 16. CONFIDENTIALITY
The Lessor retains ownership of all documents issued for the rental of the Equipment communicated to the Client or of which the Client became aware in the context of the preparation of the Quote. These documents are confidential and the Client is prohibited from disclosing them, disseminating them, or communicating them to third parties without the Lessor's prior written authorization. The same applies to the inspirations, projects, and installation plans that the Lessor created for the Client's Quote.

ARTICLE 17. NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in the General Conditions and/or in the Quote cannot be interpreted as a waiver of the obligation in question.

ARTICLE 18. APPLICABLE LAW
The rental of the Equipment is governed by French law.

ARTICLE 19. DISPUTES
In the event of a dispute relating to the General Conditions and/or the Quote and/or the Order, the parties will endeavor to settle it amicably and must initiate mediation by referring the matter to the Paris Mediation and Arbitration Center at the Paris Ile de France Chamber of Commerce and Industry, failing which any contentious action will be inadmissible.
In the event of failure of mediation, the dispute will be submitted to the competent courts of the Lessor's registered office.