Rental Terms and Conditions
Updates June 2023
Our prices are exclusive of tax. 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 by Alive (hereinafter referred to as the Lessor) to its clients. The General Conditions may be modified at any time and without prior notice by Alive. No client rental condition or stipulation expressed on the order as defined hereafter or in any correspondence or other transmission may, unless expressly accepted beforehand and in writing by the Lessor, override the General Conditions. Equipment rentals exceeding one month are considered long-term rentals.
ARTICLE 2. ORDER
2.1. Order establishment and acceptance
Unless specifically agreed otherwise with the Client, any equipment rental order by the Client is considered accepted by the Lessor upon fulfillment of the following two conditions:
- The establishment of a written quote by the Lessor and its express 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 of equipment, the Lessor will replace them with equivalent items consistent with the other items listed in the Quote. A new quote will then be drawn up and sent to the Client. The order will be considered final after express written acceptance by the Client of this new quote. The rental period, as well as the delivery and return date 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 Equipment order 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 Order Modification
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. Otherwise, the Order modification cannot be taken into account by the Lessor.
ARTICLE 3. CHOICE OF GUARANTEE FORMULA GIVEN TO THE LESSOR
3.1. To guarantee the Client's proper execution of equipment rental and services, the Lessor offers the Client, when establishing the quote, a choice between: a. On the one hand, a deposit equal to 100% of the quote, accompanied by "6casse" insurance, as 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 stated on the Quote, without this amount being 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 not settled, and this without prejudice to any request and/or action by the Lessor, particularly to obtain compensation for any direct and/or indirect damage.
3.3. Client pickup of equipment or deliveries deemed risky. Risky delivery is at the sole discretion of the Lessor. Equipment pickup refers to any operation where delivery and collection are not carried out 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 RATES
The rate depends on the rental duration of the Equipment 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 24-hour period, departure from depot, return to depot. Additional services may be ordered.
4.2 All-in a few hours
Rental rate for a 24-hour period, including transport within the region of our depots, furniture drop-off in your spaces, unpacking, and assembly. A flat fee for planning management 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 period of 7 days
4.4 Additional duration
Regardless of the formula, additional days, whether for transport, installation, or use, are billed as a percentage of the rate for the chosen formula.
The return date and time for the Equipment are mandatory, and any delay will be invoiced according to the current rate. In the event of early termination of the rental, the total rental period indicated on the quote is due, unless expressly agreed by the lessor.
ARTICLE 5. INVOICING - PAYMENT TERMS
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 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 is a condition 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 the return of the Equipment by the Client, after the inventory referred to in Article 7 has been drawn up, in order to invoice any 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 transportation 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 along with the Down 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 period indicated on the Quote will be due. In the event of monthly subscription to the "6-cancellation" (Article 8.), a recalculation of the rental value will be made based on the tariff scale for the elapsed period, and the calculated supplement will be required.
5.2.4. In the event of late payment or default of 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 – Payment Default
Any late payment by the due dates agreed in the General Conditions and/or in the Quote will automatically result in the application of a late interest penalty equal to three times the legal interest rate on the due date. In the event of payment default and after a formal notice has remained unsuccessful after a period of eight (8) days following its dispatch, the Client will be liable for all sums due under the order and a flat-rate indemnity of 15% of the Quote amount as damages, in addition to legal costs and fees.
ARTICLE 6. ORDER CANCELLATION BY THE CLIENT – ORDER POSTPONEMENT
Without prejudice to Articles 6.1 and 6.2 below, any total or partial cancellation of an Order by the Client 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 of the "6-cancellation" insurance described in Article 8.2, any total cancellation of the Order by the Client for any reason whatsoever will result in the payment by the Client of a flat-rate cancellation fee calculated as follows:
- 100% of the ex-tax Quote amount in the event of order cancellation 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 Quote amount in the event of order cancellation 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 will 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 in writing 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 either through "Pickup" (article 7.1) or delivery by the Lessor (article 7.2). The Client's choice of Service is made when the quote is established.
7.1 Client equipment pickup
The Equipment is made available to the Client by the Lessor at the warehouse for pickup. The Equipment is prepared in transport carts and suitable protective packaging, which the Client will use for the return, loading them in the same manner as they were received. 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 teams is not eligible for pickup.
The Equipment is made available to the Client at the location and on the date agreed with the Lessor as appearing 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 in 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 when the Equipment is made available. This inventory will serve as acknowledgment by the Client of the receipt of the Equipment in good condition, fit for purpose, and compliant 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 compliant with current regulations and standards, and secondly, no dispute will be admitted from the Client, the inventory drawn up by the Lessor being authoritative.
7.2 Equipment Delivery 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" packages 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. If the Lessor takes back 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 serve as acknowledgment by the Client of the receipt of the Equipment in good condition, fit for purpose, and compliant 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 compliant with current regulations and standards, and secondly, no dispute will be admitted 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 preparing the quote, the Lessor may offer the Client an Equipment installation service. This service may be based 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 unplanned installations will be invoiced on a time-spent basis.
7.2.3 Freedom Rental
The conditions of articles 7.2.1 and 7.2.2 apply, noting that transport, assembly, disassembly and dispatching are not included in the price of this formula.
The Lessor may offer services of all kinds in the form of invoicing for teams of men and vehicles providing transport and/or assembly and/or installations, etc., the duration of which intervention has been quantified before the signing of the Quote.
7.3 Equipment Return/Collection
7.3.1 The Client is required to return the Equipment according to the terms indicated on the Quote, 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 client pickup and return, or when the Lessor collects it.
The Client must be present during the return of the Equipment. A joint inventory will be carried out during the 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 rates for loss, breakage, or damage to the Equipment. The Lessor will determine whether the broken or damaged Equipment must be replaced or if it can be repaired, and this decision will be binding on the Client. If Equipment is not collected because it has been kept by the Client, or stored in inaccessible areas preventing its collection, or if this Equipment has not been stored in the carts and packaging, the rental of this Equipment will continue to be invoiced based on the additional days of immobilization. Transport for collection will be invoiced to the Client. In the event of pickup, the return must be carried out by the Client or by any carrier they have commissioned.
7.3.2 Equipment collection with the Freedom Rental formula
If the client has only opted for a transport service, they will be responsible for the perfect storage of the equipment in the carts with the protections provided during delivery. Final counting and checking will be done in the warehouse, and the Client is invited to participate. Failure to store the equipment during collection may prevent it, and lead to rescheduling at the client's expense, with the client remaining responsible for the rented equipment. Any handling and potential waiting time not provided for in the Quote will be subject to additional invoicing. If the client has ordered teams for disassembly, packing, and storage of the Equipment in the carts with the protections provided during delivery, the inventory will be drawn up on site and must be signed by the client.
7.3.3 Equipment collection with the All-In formula
The price includes the disassembly and storage of the Equipment in the trolleys with the protective packaging provided upon delivery. The final count is carried out on site. Any handling of the Equipment not stipulated in the Quote will be subject to additional invoicing, including any waiting time.
ARTICLE 8. INSURANCES
To streamline the relationship with the Client, the Lessor has created two 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. The Client's acceptance of the Quote implies 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 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.
- 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 Customer.
The Customer 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 Customer 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. If the cancellation guarantee is invoked as described above, no amount will be due by the Customer 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 carried out, printing, material purchases, or other non-refundable costs.
If notification of cancellation occurs less than twenty-four (24) hours before delivery of the Equipment, the Customer must pay the Lessor 50% of the amount of the Equipment rental and Services.
8.1.3. 8.1.3. In the event of a total cancellation of Equipment rental and Services with a full refund of amounts, the Provision and/or the Security Deposit and the Down Payment will be fully refunded to the Customer within thirty (30) days of notification of cancellation by the Customer and upon receipt of a duly completed bank account details form (RIB).
8.1.4. 8.1.4. In the event of cancellation of a long-term rental contract, committed months are due. Unstarted 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 carried out, printing, material purchases, or other non-refundable costs.
Cancellation must be reported in writing, at least one week before the start 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 during 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 of invocation of this guarantee, the Lessor covers the cost of the lost, broken or deteriorated Equipment, subject to a deductible of 20% remaining payable by the Customer.
8.2.2. This guarantee does not cover:
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 represent, for the same item reference, a quantity greater than 10% of the quantity delivered. Equipment lost, broken and/or deteriorated as a result of using the Equipment in violation of the provisions of Article 9 below.
8.3 Refusal of guarantee The Customer refusing to benefit from the "Double Six" guarantee may do so using a document that will be provided by the Lessor at the Customer'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 customer account manager at the Customer's premises.
ARTICLE 9. USE OF EQUIPMENT
The Customer undertakes to use the Equipment with care and diligence, according to best practices and to comply with all instructions for use of the Equipment. They undertake to use the Equipment in accordance with its usual purpose and to do nothing or allow nothing to be done that could deteriorate it. The Customer declares to be able to use the Equipment themselves or through duly qualified authorized persons. The Equipment must be entrusted to qualified personnel with all required authorizations.
The Customer is personally responsible for any electrical installation required for the Equipment, in accordance with current regulations. The Customer is responsible for the choice of the Equipment installation site and is personally responsible for taking into account the nature of the ground and subsoil, the rules governing the public domain, the environment and any requirements relating to the locations where the Equipment will be located.
No modification and/or transformation of the Equipment may be made by the Customer to the Equipment. During the rental period of the Equipment, the Customer is obliged to maintain the Equipment and to protect it against any damage, in particular against vandalism, overloading, bad weather, theft. No failure or interruption of the Equipment's operation will entitle the Customer and/or any third party to any compensation whatsoever. Missing or broken Equipment will be invoiced to the Customer at the current replacement rate.
ARTICLE 10. OWNERSHIP OF EQUIPMENT
The Equipment remains the exclusive property of the Lessor. The Customer undertakes not to allow it to be seized by any third party, particularly by any creditor. The Customer undertakes to ensure respect for the Lessor's property rights on all occasions and by all means. The Customer undertakes not to assign, pledge or hypothecate the Equipment.
ARTICLE 11. LIABILITY
The responsibility and material and legal custody of the Equipment are transferred to the Customer upon the Equipment being made available. The Customer assumes this custody under their sole and entire responsibility.
The Customer guarantees the Lessor against all claims arising from any direct and/or indirect damage caused by the Equipment to persons and/or property, even if such damage results from a fortuitous event or force majeure.
The Customer is solely responsible for obtaining all necessary authorizations for the services that motivated 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 Customer for any loss suffered by the Customer, and in particular, no compensation can be claimed from the Lessor for loss of earnings, loss of profit, deprivation of enjoyment and/or any commercial disruption, whatever the cause or origin.
ARTICLE 12. INSURANCE
The Customer undertakes to take out an insurance policy with a notoriously solvent insurance company that will cover the consequences of their civil liability and guarantee their responsibility as custodian and user of the Equipment, throughout the entire rental period of the Equipment. The Lessor reserves the right to request the insurance certificate from the Customer before the Equipment is made available.
ARTICLE 13. TERMINATION
In the event of the Customer's failure to comply with any of its obligations, the Lessor may, eight (8) days after having formally requested the Customer to fulfill its obligations by registered letter with acknowledgment of receipt which remained unsuccessful, terminate all or part of the Order automatically, without prejudice to any damages. The Equipment must be returned to the Lessor without delay. Failing this, the Lessor will 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, i.e., an unforeseeable and insurmountable event such as fire, natural disaster, strike, work stoppage or telecommunications failure, epidemic or pandemic, act of god, 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 this 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 terminate.
14.2 In the event of force majeure, the Customer will be liable for 20% of the total amount of the Equipment rental and Services, unless the Customer has subscribed to the "six cancellation" guarantee provided for in Article 8. In all cases, costs already incurred by the Lessor and non-refundable, special manufacturing, printing, material purchases, or other costs will be invoiced to the Customer.
ARTICLE 15. AUTHORIZATION OF COMMUNICATION, REPRODUCTION AND DISTRIBUTION
The Lessor is authorized by the Customer to communicate and/or reproduce and/or distribute on its website and/or on any medium, and in particular on all advertising media, all or part of the service performed so that the Lessor can promote its offer of products and services.
ARTICLE 16. CONFIDENTIALITY
The Lessor retains ownership of all documents issued for the rental of the Equipment communicated to the Customer or of which the Customer became aware in connection with the establishment of the Quote. These documents are confidential and the Customer undertakes not to disclose them, distribute them or communicate them to third parties without the prior written authorization of the Lessor. The same applies to the ideas, projects and installation plans that the Lessor created for the Customer'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 shall endeavor to resolve it amicably and shall implement 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 shall be inadmissible.
In the event of failure of mediation, the dispute will be submitted to the competent courts of the Lessor's registered office.