General Rental Terms and Conditions

The conditions set out below are applicable to all rental of equipment. They are supplemented by the special rental conditions signed by the customer.

Article 1: Definition of the rental service, the equipment, the lessor, the lessee

The rental service, subject of this contract, is a provision of equipment, to the exclusion of any intellectual service provision, of type commissioning, training, advice, maintenance, organization, programming, unless there is a specific written agreement between SARL A'LOC AUDIOVISUEL and its client. Rental is limited to the entire territory of Continental France.

The equipment is described in article I of the special conditions rent. The term hardware designates an inseparable set of computer and/or office automation peripherals, connectors, technical documentation on any support, complete packaging and any ancillary accessories, to the exclusion of any software, subject where applicable to a written agreement between its publisher , SARL A'LOC AUDIOVISUEL and its client, and appearing in article II of the special conditions. This equipment is returned to the customer in good working order, having only suffered normal wear and tear due to use in accordance with the manufacturer's standards and requirements.

The lessor is SARL A'LOC AUDIOVISUEL or A'LOC.

The lessee is a natural or legal person. He is a technically competent userand the equipment cannot be properly used without a reasonable level of knowledge. A'LOC does not have to ensure the level of technical competence of the tenant, which is always presumed.
The natural person is deemed to be the exclusive user of the equipment for the entire rental period. In the case of a legal entity, the signatory of this contract is presumed to be a legal representative having the ability to bind the company he represents with regard to A'LOC. Any natural person, agent, manager, shareholder, employee of the company is authorized to use this material, provided they are a technically competent user.

Article 2: Effective date of the rental - Duration

The rental begins on the day the equipment is made available by A'LOC indicated in article VII of the special conditions, at the tenant's premises, or on the day of its removal by the tenant, and for the irrevocable duration, provided for in article III of the special conditions, except with the prior written agreement of A'LOC. It ends on the day when the equipment which must be returned has been fully received by A'LOC, subject to verification of its integrity and its good working order. The tenant has the option of extending this period, in agreement with A'LOC. In this case, the provisions of this contract remain automatically applicable until the new expiry date.

Article 3: Order procedure - Security deposit

In addition to the approval and signature of this contract by the customer as a prerequisite to triggering an order, A'LOC may request a voucher order. In addition, the provision of equipment may be subject to the production of identification and domiciliation documents, as well as the provision of a security deposit by check, bank card or cash, described in Article XI special conditions.
This security deposit, the amount of which will be set by A'LOC depending on the equipment rented, and which may reach its new acquisition value, does not produce any financial interest. Furthermore, as a guarantee of payment of rent, A'LOC may request the production of a bank guarantee.

Article 4: Refusal to rent

A refusal to rent may be made to a customer in the following, non-exclusive cases:

• equipment requested for a date incompatible with the availability deadline,
• abnormally high number of equipment requested, taking into account A'LOC's stock availability,
• supporting documents missing, incomplete, non-compliant or not clearly identifying the customer,
• security deposit absent or not sufficiently guaranteeing the solvency of the customer,
• notorious insolvency of the customer,
• non- payment of rent according to the terms of article 12.

 

Article 5: Provision of the material

The material is made available in complete packaging, from which it is inseparable according to the terms of Article 1. By complete packaging, we mean: cardboard or packing case with interior cushions, bag-case for laptop computers, etc. This packaging must be kept in good condition by the tenant for the entire duration of the rental.
The transport and movement made necessary by the removal and recovery of the equipment can be carried out by A'LOC, directly or through a carrier it will mandate, for a fixed amount included in the initial invoice and appearing, where applicable, in Article IX of the special conditions, or directly by the tenant, at his expense.
In the event of an anomaly or defect noted by the tenant upon receipt of the equipment, the tenant, as recipient, has the obligation to establish, if necessary at the time of receipt of the equipment, a signed contradictory report. of the carrier and himself, indicating with certainty the nature and extent of the damage noted at the time of delivery. Pursuant to article 105 of the commercial code, it will be required to notify the carrier by registered letter, with a copy to A'LOC within three days of receipt of the material.
The material must be returned in its complete packaging, suitably supported using the original supports and closed. The financial consequences of any absence or lack of packaging upon return of the equipment are the responsibility of the tenant:

• damage to the equipment due to an absence and /or a packaging defect,
• refusal of the carrier mandated by A'LOC to remove the material presenting an absence and/or a packaging defect, resulting in any additional invoicing payable by A'LOC which will be passed on to the tenant,
• additional invoicing payable by the tenant for any delay in restitution induced according to the terms of article 14, invoicing for packaging not returned and/or damaged according to the terms of article 10.

 

Article 6: Use of the equipment - Tenant's obligations - Prohibitions and Limits of use

The tenant accepts the equipment as is. His level of technical competence allowed him to start it up and check that it was in good working order. He must, in his interest, report any apparent aesthetic defect, making the appropriate reservations in Appendix 1 of the special conditions, it being specified that this type of defect in no way obliges A'LOC to offer equivalent equipment which would be exempt, or a reduction on the rental price.

The tenant expressly accepts and acknowledges:

• having made the choice, under its exclusive responsibility, of the material, subject of the contract. He will therefore have no action or recourse against A'LOC in the event that the material provided proves to be non-compliant with his needs,
• that any movement, any use of the equipment outside the place of use indicated in article Continental France, except with prior written authorization from A'LOC. Any harmful consequences that may result are the exclusive responsibility of the tenant,
• that any loan, any subletting of the equipment is prohibited. Likewise, the tenant undertakes never to give it as a deposit,
• that any non-compliant use of the equipment, or outside the environmental conditions specified by the manufacturer, or common sense, during the rental period, is prohibited. Any harmful consequences that may result are the exclusive responsibility of the tenant, as well as any resulting breakdown being then attributable to him. Please note that the manufacturer's standards and requirements generally appear in the technical documentation mentioned in article 1,
• that any modification of the material is prohibited, including dismantling. In the event of a breakdown, the tenant will not carry out any repairs or directly mandate any maintenance company, except with the prior written agreement of A'LOC. He will not remove the plate and identification numbers from the rental equipment. Any harmful consequences that may result from a modification being the exclusive responsibility of the tenant, as well as any resulting breakdown being attributable to him
• as an electrical or mechanical breakdown of sudden and fortuitous equipment and not likely to endanger the safety of people, whether recent or not (normal wear and tear), is an event over which A'LOC cannot reasonably exercise its control, and whose probability of realization is not zero. Any harmful consequences that may result from such a breakdown for the tenant are in no way attributable to A'LOC, except in the case of gross or intentional misconduct on the part of A'LOC,
• that hardware, software, accessories, consumables, which may present incompatibilities and operating errors (notions distinct from electrical or mechanical failure) characterizing a logical failure situation which may result in interruptions or blockages of processing, loss of programs and data, he will take care of all the problems and consequences that may result for him. A'LOC recommends that the tenant implement any appropriate solution aimed at guaranteeing the integrity of its data (backups). In the case of a logical failure, A'LOC has no responsibility or obligation, including when such a failure is attributable to software installed on the hardware under the terms of article II of the special conditions. It is under a separate contract that it may be necessary to intervene as described in article 7,
• that given the frequent risk of computer sabotage (viruses) and its damaging consequences that may result (logical failures), it will also put in place, at its own expense, any appropriate solution aimed at reducing this risk, A'LOC having no responsibility or obligation in this matter,
• not claiming any reduction in rent, nor suspension of invoicing, nor compensation in the event that the equipment could not be used for any reason whatsoever (in particular: partial or total operational incompatibility of the rented equipment, with any other equipment, and/or computer program belonging to the tenant, and/or software for which the tenant has an operating license, user impediment; strike; damage, etc.), except in the cases provided for in articles 7, 8 and 13.

 

Article 7: Hardware failures

The tenant must notify A'LOC of any possible case of breakdown, as soon as it is noticed or suspected, by any means at his convenience. He must stop using the possibly defective equipment, and he is prohibited from repairing it or having it repaired under the terms of article 6. Failure to comply with at least one of these obligations may call into question the implicit right to repair or replacement in the event of an actual breakdown not attributable to the tenant, as described below. As soon as A'LOC becomes aware of such a case, it may carry out a preliminary diagnosis by telephone, based on the symptoms most accurately reported by the tenant. This prediagnosis can make it possible to characterize a certain case of failure and, if necessary, to determine its nature and attributability. A'LOC can complete it with an on-site diagnosis:

• in the event of a sudden and fortuitous electrical and/or mechanical breakdown of the equipment, subsequent to its provision, total or partial, and not attributable to the voluntary or involuntary act of the tenant, A'LOC provides a "workshop return" repair or replacement service, except in the case of an "on-site" repair or replacement service, resulting from a specific written agreement between A'LOC and the tenant. The “workshop return” service does not cover any transport costs for the equipment, nor travel costs for the tenant between the place of use indicated in article X of the special conditions and the A'LOC premises. A'LOC undertakes to make every effort to repair or have repaired, or replace with equivalent equipment, within a reasonable time, the defective equipment. In this case of breakdown, the billing share for the rental of the defective equipment ceases to run during the period of non-use of this equipment by the tenant. On the other hand, it is specified that the date chosen as the starting point for the suspension of invoicing will never be earlier than the date on which A'LOC actually became aware of the breakdown, the defective equipment must be returned within a maximum period of twenty-four hours.
• in all other cases of total or partial breakdowns, attributable to the voluntary or involuntary act of the tenant (in particular logical breakdowns), consequences in particular prohibited actions described in article 6, and distinct from the damage covered by the insurance, treated in article 8, the latter cannot refuse to bear the costs induced by the restoration of the equipment according to the terms of Article 10. Furthermore, the entire invoicing for the rental will continue to run automatically during the period of non-use of the equipment by the tenant. 

 

In the event of a dispute over the responsibility for the breakdown, which involves modalities different interventions as described previously, A'LOC reloads on the defective hardware, after total erasure of the data written if necessary in the mass memory, a startup program (operating system for a computer, operating manager for any other computer and/or office device) without any settings, software installations and databases set up by the tenant. If at the end of this procedure, the equipment is again in good working order, the breakdown which is the subject of the dispute will be deemed to be attributable to the lessee.

Article 8: Insurance covering equipment rented

For the entire duration of the rental, the tenant has custody of the equipment. As such, he is responsible to A LOC for any damage occurring to the equipment, caused by him or that of a third party, even those not at fault. If he wishes to take out an insurance contract for the rented equipment, the tenant will be personally responsible for this subscription. It is customary for the tenant's civil liability contract to cover the rented equipment, provided that they inform their insurance.
In the event of damage, accidental or not, loss or theft, A'Loc will invoice the customer for the cost of repair or replacement of equivalent equipment.

Article 9: Return of equipment

The tenant must, at the end of the period of use, return all of the equipment in good working order, this equipment having only suffered normal consequent wear and tear from the tenant for use by a technically competent user.
A'LOC reserves the right to invoice repair costs and to invoice all or part of the equipment not returned according to the procedure described in article 10.
Any new period started will be invoiced in full.
In the event that the tenant refuses to return all or part of the equipment, it is sufficient to force him to do so by an order issued by the President of the Commercial or High Court of Paris, upon simple request or referral, subject to all criminal proceedings for embezzlement. À'LOC may also, in this case, be required to use the security deposit paid to replace the equipment not returned as soon as possible.

Article 10: Invoicing for the costs of repairing defective equipment - Invoicing for non-returned equipment

The so-called “small equipment” provided for in the annex 2 of the special conditions are subject to flat-rate billing as of right and without prior formalities in the event of damage or loss. This invoicing is indicated in this same appendix. 
In the event of a breakdown attributable to the tenant and/or defective returned equipment and/or non-returned equipment, A'LOC will invoice the tenant for any repair costs, exchange, replacement with equivalent material, transport, induced movement. In the case of damage actually covered by insurance, these costs will be reduced by the part covered by A'LOC for the incident, taking into account the applicable deductible, according to the terms of article 8.
In the absence of a security deposit, the corresponding invoice is payable upon receipt. In the presence of a security deposit, A'LOC may deduct the amount of this invoice from this deposit, without any prior formality with the tenant, and will then return any balance by crossed check made out to its order. If these costs were to exceed the amount of the security deposit, the tenant would have to pay the balance upon receipt of the invoice.

Article 11: Return of the security deposit

The basis and partial restitution of the security deposit are covered in article 10.
In the event of total conformity and integrity of the equipment, A'LOC will undertakes to return the entire security deposit paid as soon as checks of good working order have been carried out.

Article 12: Billing and payment

Unless prior written agreement, rents will be paid by check, transfer, cash or credit card upon signing of this contract. In the event of non-payment, payment incident or late payment, A'LOC reserves the right, depending on the case, to refuse the rental, or to automatically demand the payment of late payment compensation, at rate of 1.5% per month of delay pro rata temporis, increased by the corresponding VAT, or, without the need for any intervention, even judicial, to take back the rented equipment, 48 hours after formal notice to the tenant to have to return it. Here again, the security deposit, and/or any bank guarantee can be used.

Article 13: Early termination of the rental

In the event that the tenant terminates the contract before the expiry date set out in article III of the special conditions, the total amount of the rental remains fully acquired. right to A'LOC, without prejudice to any damages, except with the prior written agreement of A'LOC.

Article 14: Late return - Billing

Any late return is chargeable by A'LOC automatically and without prior formalities to the tenant. The delay is assessed by comparison between the return date provided for in Article VII of the special conditions and:

• the effective date of recovery of the material by A'LOC or the carrier mandated by the latter,
•  the effective date of return to A'LOC premises in all other cases.

The reference scale for invoicing for the delay refund is that of the so-called "day" rate. It is equal to one hundred percent of this rate per day of delay, indivisible period.

Article 15: Limitation of liability

Unless otherwise provided by public order, A'LOC will in no case be liable for indirect damages (including loss of profits, interruptions of activities, loss of information or other losses of a pecuniary nature) resulting from a delay or failure committed by A'LOC in the execution of this contract, even though A'LOC would have been informed of the possibility of such losses. Furthermore, the client acknowledges that A'LOC will not be liable for any loss of profit suffered by a third party and for any claim or legal action directed or brought against the client by a third party. In any event, A'LOC's liability, whatever the cause or basis, cannot exceed, in total, the sums paid by the customer to A'LOC for the rental of the equipment under the contract.

Article 16: Independence of clauses

In the event that a provision of the contract would be deemed unlawful, invalid or unenforceable by a competent court, the other provisions will nonetheless retain their full effect.

Article 17 : Jurisdiction clause

Any dispute of any nature whatsoever falls under the exclusive jurisdiction of the Nanterre Commercial Court ruling under French law.

Rental conditions by type of structure:

Public administration:

Return of this quote accompanied by a voucher for agreement + signature of an authorized person + commercial stamp of the organization. Proof requested: purchase order on official paper.

Financial conditions: deposit and payment checks upon delivery of the equipment.

Association:

Return of this quote with a voucher for agreement + signature of a person authorized + commercial stamp of the association. Proof requested: copy of the registered statutes.

Financial conditions: deposit and payment checks upon delivery of the equipment.

Company:

Return of this quote with a voucher for agreement + signature of an authorized person + commercial stamp of the company. Proof requested: Kbis extract less than 6 months old.

Financial conditions: deposit and payment checks upon delivery of the equipment.

Individual:

Return of this quote accompanied by a voucher for agreement + signature. Documents requested: Identity document + recent proof of address at the same address as the identity document, or three recent and consecutive proofs of address.

Regulations and deposit: credit card or cash upon removal of the equipment.