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General Provisions
1. These Rules define the detailed
terms and conditions governing Extrawheel leasing its advert bicycle trailers (hereinafter
called “trailers”). These Rules shall apply to all lease agreements, unless a
given agreement provides otherwise. The Price List shall comprise an integral
part of these Rules. In the event of a discrepancy between the provisions of a lease
agreement and these Rules, the agreement shall prevail.
2. The
lease shall concern the lease of an Extrawheel advert trailer, i.e. a set,
ready for travel once attached to a bicycle, composed of a frame suspended on a
wheel, hook (fork), a quick-lock and two nuts. The lease payment shall not
cover the costs of the graphic design and the banner hung on the trailer frame,
whose design and production the Lessee may perform independently or commission
to its business partner, ERKA Pogotowie Reklamowe - www.erka-pr.com,
tel. (0048) 501 750 231; contact person: Malgorzata Chrzanowska.
3. Extrawheel
trailers are copyright protected (Patent Application No. P 356013).
4. Extrawheel
advert trailers shall not be used to advertise alcoholic beverages, tobacco or
any unlawful acts.
5. Extrawheel advert
trailers can be leased to any Lessee with registered office or place of
residence in Europe.
6. A
Lessee may lease any number of Extrawheel trailers, subject to current trailer
availability. An order for more than 20 trailers should be submitted 10 days in
advance.
7. A
one-time order shall be accepted from a non-resident for a minimum of EUR 500.
A one-time order shall be accepted from a resident for a minimum of PLN 750.
8. The
lease term shall commence on the earlier of: the date specified in a lease agreement
and the date the trailer is accepted by the Lessee, unless the Parties arrange otherwise.
9. The
Lessee shall ensure that the provisions of these Lease Rules and/or a lease agreement,
defining the Lessee’s responsibilities, shall be observed by any person the
Lessee authorises to use the trailers and by any sub-lessee, under the pain of the
Lessee being liable for any resulting losses incurred by the Lessor.
10. Once
a leased trailer is no longer used, the Lessee shall return it to Extrawheel. The
date the trailer is delivered to Extrawheel’s registered office shall represent
the trailer return date. If there is a delay in the trailer being returned, the
Lessee shall pay a contractual penalty in the amount of 200% of the 24-hour rate
defined in the Price List, for each day of delay.
Charges
11. The
lease payment shall be collected in advance and shall be calculated based on
the lease rates effective as on the agreement date. The lease payment shall be
collected from a resident, i.e. legal or natural person with registered office
or place or residence in Poland, in accordance with the PLN rates. The lease
payment shall be collected from a non-resident, i.e. legal or natural person
with registered office or place of residence outside of Poland, in accordance
with the EUR rates. The lease rates are defined in the Price List, which is an
integral part of these Rules. The lease rates in the Price List do not include
the payable VAT at the applicable rate.
12. The
Lessee shall cover all costs related to international bank transfers of amounts
payable under the lease agreement and of the costs of the transport of the trailer(s)
from Extrawheel’s registered office to the address specified by the Lessee and
of the trailer(s) transport back to Extrawheel’s registered office.
13. Before
a trailer is released, the Lessor shall collect a deposit in the amount of EUR 150
(PLN 590) per trailer and the trailer transport costs referred to in Point 11 of these Rules.
14. The
deposit shall be returned, in whole or in part, after the Lessee and the Lessor
settle their mutual accounts, within seven days as of the trailers’ acceptance
by Extrawheel from the Lessee.
The loss of the deposit, in whole or in part, is dependent on whether the
trailer is returned in a condition that reflects nothing more than ordinary
wear and tear.
15. The
costs of ordinary wear and tear, such as the costs of tyre wear and coating scratches
shall be borne by Extrawheel. The Lessor shall be liable for the costs of
replacement or repair of damaged inner tubes.
16. The
trailers shall be used in accordance with their designed purpose. In
particular, a trailer shall not be loaded in excess of the permissible load
weight, nor altered or otherwise modified in contravention of its specifications
and designed purpose, without the consent of Extrawheel. Otherwise, Extrawheel
shall have the right to hold the Lessee liable for the costs of reinstatement of
a trailer to its previous condition and for any loss in its value, resulting
from the alterations. Any damage costs shall be deducted from the deposit.
17. The
costs of damage resulting from improper use of a trailer, including damage to
wheels, crushing of the frame or cracks in the hook(fork) shall be borne by the Lessee. Improper use
shall represent, in particular, driving the trailer on stairs or at speeds in
excess of 15 km/h, or any road collision caused by the trailer user. Contractual
penalties payable for damage to the following:
- wheel – EUR 15 (PLN 40)
- hook (fork) – EUR 50 (PLN 200)
- frame – EUR 55 (PLN 220)
Any contractual penalty shall be deducted from the deposit. Extrawheel reserves
the right to seek compensation for losses in excess of the above amounts on
general terms.
18. The
Lessee shall have the right to sublease the trailers. However, the Lessee shall
continue to be liable towards Extrawheel under these Rules and the concluded lease
agreement.
Returns
19. If
it is determined that the trailer has a defect for which Extrawheel is liable,
the defective trailer or part thereof shall be returned, at Extrawheel’s
expense, to Extrawheel’s address within three business days as of the defect
being noticed. If Extrawheel determines the complaint is unfounded, the Lessee
shall pay for the costs of transport of the trailer to Extrawheel’s registered
office and back.
20. If
Extrawheel recognises the compliant, lease payments shall not be collected for
the period from the day the defective trailer or part thereof is sent back to
Extrawheel the day the Lessee is supplied with a replacement part or a new
trailer. If the lease payments are made in advance, the Lessee shall be
reimbursed the payment collected for the above period.
21. Extrawheel
shall not be held liable for any damage to property or health or for any loss
of life resulting from the use of the advert trailer. The liability shall be
borne by the Lessee.
22. A
lease agreement may be executed as an exclusive agreement for a country of
Lessee’s choice. In order to conclude such an agreement, the Lessee must lease
at least 100 trailers for at least eight months. Following the conclusion of an
exclusive agreement, Extrawheel shall
not conclude any agreement with another client with respect to the same country,
until the expiry of the exclusive-agreement term. Any agreement concluded for
the same country prior to the conclusion of the exclusive agreement shall
remain in force until its expiry.
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