1. Renta-Turva and its scope
1.1 Renta-Turva is a chargeable additional service which limits the liability of the customer (hereinafter “Lessee”) related to machinery and equipment leased from Renta Oy (“Equipment”) in relation to Renta Oy as specified in more detail in these terms and conditions (hereinafter “Renta-Turva terms”) and the Equipment rental agreement. Renta-Turva is not an insurance.
1.2 These terms and conditions include amendments to the general terms and conditions of delivery of equipment rental and services of Technical Trade equipment rental companies (including Renta Oy’s additions) (hereinafter “TK Konevuokraus 2016 terms and conditions”), which supplement these terms and conditions and which are applied to the rental of Equipment. To the extent that these terms and conditions and TK Konevuokraus 2016 terms and conditions conflict with each other, these terms and conditions shall prevail. To the extent these terms and conditions shall not apply, the TK Konevuokraus 2016 terms and conditions valid from time to time shall be applied to the rental of Equipment.
1.3 The object of Renta-Turva is the Equipment specifically mentioned in the lease agreement between Renta Oy and the Lessee, for which the Lessee has taken Renta-Turva in connection with the rental. For already leased Equipment Renta-Turva may only be taken on a separate approval of Renta Oy and after Renta Oy performing a condition inspection of the Equipment.
1.4 Renta-Turva is secondary to any insurance taken out by the Lessee that covers damage caused to the Equipment. Thus, Renta-Turva shall be applied only in situations where the Lessee’s own insurance does not cover damage caused to the Equipment, with the exception of the deductible (in Finnish: omavastuuosuus) of the Lessee’s insurance.
1.5 Renta Oy may determine that Renta-Turva is mandatory for certain Equipment, in which case the Equipment can only be rented out by taking Renta-Turva for the Equipment. Renta Oy also has the right to exclude any Equipment from Renta-Turva. Renta Oy has also the right to decide not to grant Renta-Turva to the Lessee.
1.6 Renta-Turva is valid only for Equipment owned by Renta Oy. Renta Oy may sublease to the Lessee Equipment that Renta Oy has leased from a third party. If the Lessee has taken Renta-Turva in connection with the lease and it becomes apparent before the beginning of the lease period that the Lessee will be supplied with subleased Equipment for which Renta-Turva is not applicable, Renta Oy shall notify the Lessee of this without delay and the Lessee has the right to cancel the lease agreement without separate fee.
1.7 Renta-Turva is valid only in Finland and it does not apply in situations where the Equipment is transported outside Finland.
2. Validity of Renta-Turva
2.1 Renta-Turva shall enter into force at the beginning of the lease period of the Equipment lease agreement, provided that the Lessee and Renta Oy have entered into a lease agreement concerning the Equipment, in which Renta-Turva and these terms and conditions have been agreed to be applied.
2.2 Renta-Turva is valid for the leased Equipment covered by Renta-Turva for the lease period specified in the lease agreement.
2.3 The validity of Renta-Turva ends prematurely if the Lessee partially or fully neglects its payment obligation for the Equipment or Renta-Turva or if the Equipment is transported outside Finland.
2.4 The validity of Renta-Turva requires that the Equipment is returned to the Renta Oy office from which the Equipment was leased or to another Renta Oy‘s office determined by Renta Oy.
3. Content of Renta-Turva
Limitation of lessee’s liability
3.1 Renta-Turva’s machine and equipment specific maximum liability of the Lessee in relation to Renta Oy is specified in the lease agreement concerning the Equipment between Renta Oy and the Lessee. If the Lessee’s insurance partially compensates for the damage caused to the Equipment, the maximum amount of the Lessee’s liability in relation to Renta Oy shall be calculated for the part exceeding the insurance compensation.
3.2 The application of Renta-Turva’s maximum liability requires that:
(a) the Lessee’s insurance does not cover the damage caused to the Equipment, with the exception of the deductible (in Finnish: omavastuuosuus) of the Lessee’s insurance.
(b) the damage or destruction of the leased Equipment is based on a sudden and unforeseeable event during the rental period;
(c) the Lessee has used the Equipment in accordance with the instructions for use and installation of the Equipment and in accordance with any instructions or regulations given by the authorities, and for the intended use of the Equipment;
(d) the damage was not caused intentionally or by gross negligence;
(e) the Lessee has with its best efforts prevented the damage and minimized the amount of damage; and
(f) exceptions to limitations of liability in accordance with Sections 3.4 or 3.5. are not applicable.
3.3 Examples of situations in which Renta-Turva may become applicable if the conditions of Section 3.2 are met are as follows:
(a) Insignificant and minor misuse by the Lessee;
(b) Rollover of the Equipment while in use;
(c) Damage to the Equipment as a result of a fall;
(d) Equipment being run over by a falling or overturning object;
(e) damage to the Equipment while the Lessee is transporting the Equipment, excluding damage to towed equipment (equipment that can be directly connected to the towbar of the towing vehicle, such as trailer, trailer, personnel lift; hereinafter referred to as “Towed Equipment”);
(f) Damage to the Equipment while the Lessee is carrying out loading or unloading, excluding connecting or disconnecting the Towed Equipment from the towing vehicle;
(g) Damage or destruction of the Equipment by fire; or
(h) Damage or destruction of the Equipment due to natural phenomenon, such as storm or floods.
Specific exceptions to limitations on liability
3.4 Renta-Turva shall not compensate for any direct or indirect damage or loss of time caused to the Lessee, their personnel or property or to a third party in connection with the Equipment or its use, transport or clearance/dismantling. In addition, Renta-Turva does not compensate for any direct and indirect damages that are not specifically related to the repair or repurchase of the Equipment, including but not limited to, loss of rental income of the Equipment caused to Renta Oy and costs related to the clearance/dismantling, transport and preparation of the transport of the damaged Equipment.
3.5 In situations not meant Section 3.2 where Renta-Turva is applicable, the Lessee’s liability is determined in accordance with the TK Konevuokraus 2016 terms and conditions. The following situations (but not limited to) are always excluded from Renta-Turva and the Lessee’s liability shall be determined in accordance with the TK Konevuokraus 2016 terms and conditions:
(a) The damage has been caused by gross negligence or intentionally, or the damage has been caused to the Lessee or a third party;
(b) The caused damage is damage of a glass, tire or tracks;
(c) The damage has occurred while parking, connecting or disconnecting or towing the Towed Equipment;
(d) The damage has been caused by moving or using the Equipment in violation of the instructions for use or installation or any instructions or regulations given by the authorities, or by using or moving the Equipment under the influence of alcohol, narcotics or drugs impacting on performance;
(e) The damage has been caused by unauthorized use, theft, or larceny of the Equipment or other criminal offense or criminal activity is related to the damage;
(f) The damage has been caused to consumables or supplies used in the Equipment, such as fuels, lubricants or other liquids, or by using the wrong fuels or lubricants in the Equipment;
(g) The Equipment has been lost or forgotten or the loss of the Equipment is only detected in connection with the periodic inventory;
(h) The damage has been caused by blasting or excavation, defacing or scratching, or as a result of plastering, sandblasting, painting or other similar significantly soiling or wearing work;
(i) The damage has been caused by handling and using substances and materials which are significantly contaminating, corrosive or abrasive.
4. Payment terms of Renta-Turva
4.1 The fee and terms of payment for Renta-Turva are defined in the lease agreement between Renta Oy and the Lessee. Applicable VAT will be added to the fee of Renta-Turva and, in case of damage, to the compensation collected from the Lessee.
4.2 The fees charged for Renta-Turva are non-refundable to the Lessee.
4.3 If the Lessee extends the lease period of the leased Equipment and the Lessee has accepted Renta-Turva as part of the original rental period, Renta Oy has the right to automatically charge an additional charge in accordance with Renta-Turva also for the extended rental period.
5. The lessee’s obligations to act in the event of damage
5.1 If the Equipment is damaged or destroyed, the Lessee must notify Renta Oy of the damage of destruction without a delay. The repairs and fixing of the Equipment related to damage shall always be carried out by Renta Oy itself or a party designated by Renta Oy. This also applies to situations where Renta-Turva does not cover repair and fixing costs and where the Lessee has a full liability.
5.2 In the event of damage, if Renta-Turva is applicable to the damage, Renta Oy will charge the Lessee who has taken out Renta-Turva a reduced liability in accordance with the lease agreement. Renta Oy shall charge the reduced liability primarily in connection with the return of the Equipment or at the latest within a reasonable time after Renta Oy has detected the damage and estimated the amount of repair costs. If the actual repair costs are less than the reduced liability determined by Renta-Turva, Renta Oy will only charge the Lessee for the actual costs.
5.3 In the event of damage, the Lessee is obligated to actively and without delay clarify its own insurance and the coverage of its own insurances in relation to the Equipment and to notify Renta Oy of such Lessee’s insurances that may be applicable to the damage caused to the Equipment before commencing any claims process with the insurance company. If the Lessee has an insurance that covers the damage caused to the Equipment, the Lessee is first obliged to collect from its own insurance company all insurance compensation related to the Equipment in accordance with the insurance terms and conditions and pay those to Renta Oy.
6. Changing the terms and conditions of Renta-Turva
6.1 Renta Oy has the right to change Renta-Turva’s terms and conditions by notifying the Lessee of the change in terms within a reasonable time before the changes enter into force.
7. Language versions
The Renta-Turva terms have been drafted in Finnish and in English. In case of any discrepancies between the language versions, the Finnish version shall always prevail.