GENERAL TERMS AND CONDITIONS FOR RENTING A TRUCK WITHOUT A DRIVER (RENTAL WITHOUT AN OPERATOR)
1) The parties concerned in the present contract are the Rental Company and the Client of said company, whether a physical person, Public or Private Entity or any other legal entity. Any person who undersigns this contract in the name of and/or on behalf of a third party, shall be held liable personally and severally with the latter party for fulfilling the obligations herein; the Client shall in any case be held liable for the actions and omissions of whomsoever drives the vehicle.
2) The company shall deliver the vehicle regarded in this contract free of charge from its own storage location. Upon delivery, the Client shall ensure that the vehicle is efficient, in perfect working order, and is appropriate to the purpose for which it shall be used. Any issues must be duly noted at the time the vehicle is delivered.
3) In the event the requested vehicle is unavailable, the Company shall commit to providing the Client with a vehicle having analogous characteristics, and shall be exonerated of any and all liability by the Client and/or third parties.
4) The Client shall arrange to pick up and return the vehicle to the Company’s storage facilities with the Client’s own means and at his/her own expense.
5) Upon request, the Company shall arrange for the delivery and pick up of the vehicle for a fee, and shall charge the relative costs to the Client.
6) In the event the Company is required to carry out repairs of any kind to the rented vehicle during the rental period, the Client shall be required to pay the related costs as follows: Euro 35.00 per hour of labor, in addition to materials used. In the event the aforementioned repairs are carried out by a third party, the Client shall be solely responsible for the payment of all charges invoiced. No charge or compensation of any kind may be requested of the Company by the Client for the time during which the vehicle was not in working condition, for any reason whatsoever.
7) At the end of the rental period, the Client shall return the vehicle to the Company in the same condition as it was received. Any damage shall be repaired by the Company itself, or by third parties, at the Client’s expense and any related vehicle downtime shall be charged to the Client.
8) The vehicle is and shall remain the sole property of the Company. In the event that third parties take judicial action, execution proceedings or sequester the vehicle in any way, the Client, or one acting on his/her behalf, shall be obliged to: a) immediately communicate to the third parties the fact that the vehicle is the sole and exclusive property of the Company; b) immediately notify the Company.
9) While using the vehicle, the Client shall make every effort, assuming every cvil and penal liability, to observe all laws and regulation in force regarding accident prevention and pursuant to the New Highway Code. 1
10) In the event of a car accident, the fee of Euro 450.00 to file a legal accident report, shall be the Client’s responsibility.
11) It is forbidden to use the vehicle improperly or for operations not provided for in the instruction manual, or those peremptorily prohibited by the same.
12) The Client or whomsoever represents him/her shall not hold the Company liable for any and all damages of any kind deriving from use of the rented vehicle or related in any way to the same and and for any and negative consequences ascribable to this contract, including any financial detriment to the same and/or to third parties in person or in their goods. For the purpose of example, not to be considered exhastive, the Client shall not be permitted to file requests for indemnity of any kind or charge the Company for: theft of the vehicle, accidents, fire in the rented vehicle, leakage of fuel and/or oil, damages caused by the vehicle or ascribable to the same, total and/or partial stoppage of work site, any fines or penalties incurred by the Client due to tardiness or non-fulfilment, delays in carrying out work and / or delivering work, costs sustained for unused labor and for the intervention of third parties proving to be superfluous but paid in any case, expenses and cash outlay uselessly sustained, etc.
13) In the event that the Company, due to defects in the rental vehicle or for other reasons, could be held responsible for compensation for damages, that amount in any case shall not exceed the limit established as the cost of one month’s rental of the vehicle
14) Safekeeping of the rental car is the sole responsibility of the Client. The vehicle shall not be at any time or in any way in the custody of or used by third parties. Sub-letting the vehicle is strictly and expressly prohibited.
15) Any and all transferance of the rental vehicle outside of the Lombardy Region shall be communicated to the Company in writing before stipulating the contract. In case of such transferance, the Client shall provide for all care and expenses required in order to insure the vehicle against risks related to said transfer with the annex in favor of the Company.
16) All expenditures for fuel, electricity, oil, consumables and all other items necessary for the proper functioning of the rental vehicle are the sole responsibility of the Client.
17) The Company reserves the right to execute checks and controls, including those of a technical nature, at its own discretion, in order to verify that the vehicle has been used correctly and only for the activities which have been contractually agreed upon.
18) In the event the Client uses the vehicle for activities as described in art. 11) or to carry out activities not provided for in this contract, the Company has the right to immediately dissolve the contract.
19) The Client shall commit to respecting the agreed terms of payment set out in this contract. In the event of tardiness or non-payment, the Company reserves the right to demand immediate payment of the entire amount, even if the deadline has not yet been reached on all relevant invoices.
20) For contracts underway, late or non-payment, even of a single invoice, shall permit the Company to dissolve the contract immediately. In the event of tardy payments, interest for arrears shall be collected as established by common legal agreement at an increase of three percentage points. The Client’s arrears shall be counted from the payment deadline date of the invoice, without any need of formal written notification on the part of the Company.
21) In the events described in points 19) and 21) as in the event of the dissolution of this contract for any reason whatsoever, the Company may demand immediate full payment of all invoices, including those with deadlines not yet past. The Company shall also have the right to provide for immediate return of the vehicle, charging the Client any related costs. In such an event, the Client may neither submit any demands for indemnity of any kind from the Company, nor forward to the Company charges of any sort.
22) In the event of vehicle theft, the Client shall be obliged to officially report the theft to the Police and to the Company in a timely manner, and to provide the latter with an authentic copy of the official police report. In said event, the rate of the rental for the entire contracted period shall be in any case due to the Company. Along with the copy of the police report, the Client shall be responsible for delivering the keys of the vehicle to the Company. The Client shall be in any case held liable for reimbursing the value of the vehicle, even if the theft was not the cause of his/her fault directly.
23) Any and all waivers or modifications to the contract and to these general terms and conditions shall be agreed upon in writing with the authorization of the Comany representative invested with power of attorney.
24) The vehicle shall be returned at the end of the day established by contract, or in the evnt of a rental lasting multiple days, within the rental deadline date. Contrarily, the contract shall be considered automatically renewed by tacit agreement for the same exact period of time and under the same terms and conditions as originally agreed, excepting only written notification of changes on the part of the Company to express otherwise. In the event of extention, the Company shall have the right to the entire payment in full of the respective time period, even if the vehicle is returned before the end of said period.
25) In the event the vehicle is not returned by the Client after dissolution of the contract either at the Client’s request or at the Company’s request, as describe in the previous point, this shall constitute misappropriation pursuant to art. 646 Penal Code.
26) In the event as described in point 25), the Company reserves the right to file criminal charges against the Client.
27) The Company reserves the right to substitute, at its own discretion, the vehicle which is the object of the present contract, also after the rental period has begun, with another vehicle having analogous features and uses. In such an event, the Client may not submit any request for compensation of any kind from the Company or forward to the same charges of any sort.
28) For the purposes of this contract, “week” is defined as 7 consecutive days, weekends and holidays included; “month” is defined as the calendar month.
29) All controversy shall be settled exclusively in the Court of Milan, Italy.
30) Invoices shall be sent via e-mail in PDF format (Presidential Decree 445/2000, section III, art. 14 paragraph 1, resolution 107/2007 of the Italian Tax Agency) to the address of the above named Client. Pursuant to the regulations in force Art.21 Pres. Decree 633 – R.M. 132/E of 28/05/1997 the invoice shall be sent as an attachment: it shall be the Client’s obligation to print and archive the received invoice in hardcopy paper form ( Legislative Decree 20/02/2004 N.52 Italian Tax Agency Circular n. 45/E del 19/10/2005.