General Terms & Conditions
These Terms and Conditions apply to the rental of equipment and the
related services by Aggreko Nederland BV to any customer (the “Hirer”).
Aggreko’s offer, delivery note, invoice and return note and these Terms and
Conditions comprise the entire contract, agreement and understanding
between Aggreko and the Hirer (the “Contract") and no other terms and
conditions, or pre-contractual statements or representations, shall form part
of the Contract. The Contract supersedes any previous agreement between
the parties relating to the subject matter of the Contract and also
supersedes any terms and conditions, documents or terms from the Hirer.
"Hire Period" means the time from when the Plant leaves Aggreko's depot
or place where otherwise dispatched until received back at Aggreko's depot
or delivered to another place named by Aggreko (acting reasonably).
"Force Majeure Event" means any event caused by any strike, lock-out,
riot, civil commotion, insurrections, Terrorism or suspected Terrorism,
threat of Terrorism, act of war (whether or not officially declared) or civil
war, war-like action, act of any Parliament, government, agency or
department (whether local or national), natural calamity, fire, flood, storm,
tempest, earthquake, volcanic eruption or any other circumstances beyond
the reasonable control of Aggreko.
"Plant" means all plant and equipment of whatever nature hired by the Hirer
"Working Day" means the days from Monday to Friday, except bank
"Normal Working Hours" means 8 am to 5 pm on each Working Day.
"Site" means the site to which the Plant is delivered (or to be delivered) on
the Hirer's instructions.
2. Hire Period
2.1 Early termination by the Hirer
In the event the Hirer requests early termination of the Contract, the Hirer
shall pay the full amount of hiring fees and service charge outstanding until
the end of the Contract.
2.2 Extension of Hire Period
The duration of the Hire Period is defined in the offer. Continuation of the
Hire Period beyond the term specified in the offer shall not be tacit. The
Hirer must request in writing such continuation at least 7 days before expiry
of the Hire Period. Aggreko shall have the choice to accept or not the
extension. The acceptance of Aggreko must be notified in writing.
Regardless of whether Aggreko responds in writing, the rent is due by the
Hirer until the Plant is returned to an Aggreko site. In the case of Aggreko
refusing the extension of the Hire Period, the Plant should be made
available for collection as initially agreed and in compliance with Clause 9.
3. Ownership of Plant
3.1 Exclusion of property transfer
The Plant is and shall at all times remain the property of Aggreko and the
Hirer shall have no right, title or interest in the Plant. The Hirer shall not
remove or deface any plate or marking on the Plant identifying Aggreko as
the owner of the Plant. The Hirer shall keep the Plant free and clear of any
and all diligence, distress, execution, seizure, attachment, levies, liens,
security interests and encumbrances of any kind and shall give Aggreko
prompt notice of any of the foregoing affecting the Plant. Without prejudice
to Clause 13, the Hirer shall indemnify Aggreko upon Aggreko's written
demand against all losses, damage, costs, charges and expenses arising
as a result of failure to comply with this Clause 3.1. No provision of the
Contract may be interpreted as granting the Hirer a license to use any
intellectual property rights covering or embodied in the Plant.
3.2 Change of Site
The Hirer must not move the Plant from the Site without the prior written
consent of Aggreko.
The Hirer shall allow Aggreko's employees, servants, agents and insurers
safe and proper access (including vehicle access) to the Plant at all
reasonable times to inspect, test, adjust, maintain, repair or replace it.
The Hirer must not rehire, sublet, lend or otherwise make any part of the
Plant available to any third party without the prior written consent of
Aggreko. The Hirer shall indemnify Aggreko against all losses, damage,
costs, charges and expenses arising as a result of failure to comply with
this Clause 3.4.
4. Care of Plant
The Hirer shall be entirely responsible (at its own cost, unless agreed
otherwise by the parties in writing) for (a) the loading and unloading the
Plant at the Site; (b) the safekeeping and insurance of the Plant during the
Hire Period; and (c) the use of the Plant in compliance with its specification
and relevant laws or regulations (including environmental laws and
The Hirer shall ensure that the Plant is not operated for any purpose
beyond its rated capacity or in a manner likely to result in deterioration of
the Plant. Without prejudice to Clause 13, the Hirer shall indemnify Aggreko
upon Aggreko's written demand against all claims, losses, damages, costs,
charges and expenses arising as a result of failure to comply with this
Aggreko shall, either itself or via a contractor, provide regular maintenance
and servicing during the Contract in accordance with Aggreko's standard
practice. The Hirer shall make the Plant available to Aggreko for the
purpose of carrying out maintenance or service within (a) 7 days of
Aggreko advising the Hirer of such maintenance or service being due in
case of routine, or (b) immediately in case of safety or breakdown risk.
5.2 Information on change of running mode
Aggreko plans routine maintenance according to the expected due date
based on the date of the last service and the agreed running mode in the
Contract. Consequently, any change in daily hours of running must be
immediately notified to Aggreko. If the Hirer fails to notify Aggreko of such
changes and Aggreko engages costs for unnecessary maintenance, the
Hirer will be charged for the travel and the working hours of the service
engineer. If the Hirer fails to notify Aggreko of such changes and the Plant
operates beyond the maintenance interval, the Hirer shall compensate
Aggreko for additional wear, tear and damage to the Plant by paying the full
cost of both the next service and any consequent repairs.
5.3 Rent fees during maintenance
For regular maintenance or unexpected urgent work carried out due to an
obligation resting on Aggreko, the Hirer is still liable to pay the rent fees for
that period of non-use unless it lasts for over 4 hours.
6.1 Information by Hirer
The Hirer must notify Aggreko of any breakdown or the unsatisfactory
working of any part of the Plant immediately. The Hirer shall not attempt to
carry out repairs himself or to engage any third party to carry out any
repairs except with the express prior authority of Aggreko. If there are
stoppages outside Aggreko’s control, Aggreko will not accept any relief
from hiring costs (except to the extent that such stoppages arise as a direct
result of a Force Majeure Event) nor any other claims however they arise.
6.2 Cost borne by Aggreko
If any Plant breaks down or suffers a defect through proper ordinary usage
or fair wear and tear or the development of an inherent fault or a fault not
ascertainable by reasonable examination by the Hirer in accordance with
Clause 7 Aggreko shall choose either: (a) to repair it at Aggreko's expense
and with the least reasonably practicable delay. The Hirer shall not be
charged rent fees from its notification of a breakdown to Aggreko until
repair; or (b) to replace the relevant Plant.
6.3 Cost borne by the Hirer
If any Plant breaks down or suffers a defect for any other reason Aggreko
shall choose, either: (a) to repair it at the Hirer's expense (without prejudice
to the obligation of the Hirer to pay any sums due to Aggreko until repair is
completed); or (b) to replace the relevant Plant at the Hirer's cost and
If expert is necessary to determine the reason of the breakdown or defect,
and the expert concludes that it is not due to any reason listed under
Clause 6.2, the Hirer will bear the costs of the expert.
6.4 Termination if repair or replacement not possible
If repair is impracticable despite Aggreko’s reasonable efforts and if
replacement Plant is not available at affordable cost Aggreko may
terminate the hiring immediately and will not have any liability whatsoever
to the Hirer for such termination or any consequences of such breakdown,
defect or termination.
The Hirer shall carry out a reasonable visual inspection of the Plant on
delivery to the Site or as soon as practicable afterwards and shall promptly
(and in any event within 24 hours) notify any missing parts of Plant and
apparent damage or defects to Aggreko. Unless notification to the contrary
in writing is received by Aggreko within 24 hours of the date of delivery of
any Plant on Site or (where applicable and if later) completion of installation
on Site of any Plant, all Plant will be deemed to have been delivered and
(where applicable) installed in good working condition, free from apparent
damage or defects, and to the Hirer's satisfaction.
8. Specific regulation
8.1 Site conditions
The Hirer is solely responsible for ground conditions at the Site. If the
ground is soft or unsuitable for the Plant to work on or travel over without
timbers or equivalents, the Hirer shall at its own cost supply and lay
suitable timbers or equivalents in a suitable position for the Plant to travel
over or work on.
8.2 Positioning and running permit
The Hirer must if applicable obtain at its own expenses and under its own
responsibility all necessary permits and authorisation from the relevant
authorities for the positioning and operation of the Plant.
8.3 Fuel, oil, lubricants and coolants
Fuel, oil, lubricants and coolants shall, when supplied by the Hirer after
agreement of Aggreko, be of a grade and type specified by Aggreko.
8.4 Daily check by Hirer
The Hirer shall at its own cost check lubricating oil and coolant levels in the
Plant daily and ensure that these are kept at the level required for the
proper operation of the Plant in accordance with Aggreko's specification.
8.5 Connections to mains
The electrical connections of the Plant to the Hirer’s installations will be
assessed, decided upon and carried out by the Hirer under the Hirer’s
8.6 Work at height
Aggreko's employees are authorised to work at height only in the presence
of suitable protective measures.
9. Duty to return
9.1 Restitution at the end of the Hire Period
The Hirer shall be entirely responsible for the return of all Plant to Aggreko
on completion of the Hire Period. Such Plant shall be returned to Aggreko
in good working condition, fair wear and tear excepted, and in the same
state as it was initially handed over (the Hirer shall be responsible for
recoiling cables on drums supplied or winding them up in the boxes
9.2 State of Plant
If the Hirer returns any of the Plant in any other condition for any reason
whatsoever (whether or not involving any negligence or other fault on the
part of the Hirer or its employees, servants or agents), then the Hirer shall
be liable to Aggreko for (a) the full cost of any repairs which Aggreko shall
deem necessary or desirable; or (b) the whole cost of replacement of such
Plant if Aggreko considers that such repairs would not be practicable or
cost effective; and (c) Aggreko's hiring costs for the Plant: (i) while the Plant
is idle owing to any such repairs; and (ii) where relevant, until the payment
of the costs referred to in paragraph (b) above.
9.3 Return note
On expiry of the Hire Period, at the time of return of the Plant, a service
engineer of Aggreko will draw up and sign, in the presence of the Hirer, a
return note specifying the condition of the Plant and the remaining amount
of fuel. The return note must be countersigned by the Hirer, with any
comments it wishes to make. In the event it is not signed by the Hirer, the
return note will be sent to the Hirer who will have to respond within 5
working days to Aggreko if it does not agree with the content of the return
note. If the Hirer does not react within 5 working days, the return note
prepared by Aggreko shall be regarded as final and accepted by the Hirer.
Aggreko shall inform the Hirer within 5 working days if the Hirer failed to
return the Plant in good working condition (fair wear and tear excepted) or if
some parts of the Plant are missing.
9.4 Delay of return
If the Hirer fails to return any of the Plant for any reason whatsoever
(whether or not involving any negligence or other fault on the part of the
Hirer, its employees, servants or agents), then the Hirer shall be liable to
Aggreko for (a) the whole cost of replacement of such Plant; and (b)
Aggreko's hiring costs in respect of such Plant until payment of the costs
referred to in paragraph (a) above.
10.1 Hirer responsible for insurance
The Hirer shall be responsible at its own expense for insuring the Plant and
itself against all and any risks in respect of the Plant. These risks will
include, for the avoidance of doubt, theft, malicious and accidental damage,
fire, flood and any risks arising from the presence or operation on or at the
Site of the Plant (including legal liabilities to third parties arising from the
operation of, or in connection with, the Plant). Such insurance shall be
maintained from the time when the Plant is delivered to the Site until the
Plant is subsequently uplifted from the Site and shall also cover
transportation where this is the responsibility of the Hirer. Any insurance
monies recovered by the Hirer in respect of such risks shall, to the extent
deemed necessary by Aggreko, be applied as directed by Aggreko.
Aggreko shall be named as beneficiary on such insurances.
10.2 Insurance certificate
The Hirer shall give Aggreko evidence of the Hirer's insurance prior to the
delivery of any part of the Plant. If the evidence of the Hirer’s insurance is
not received by the agreed time for delivery, the price of insurance
obligation waiver will be charged.
10.3 Insurance obligation waiver
If agreed in writing with Aggreko or if the evidence of the Hirer’s insurance
is not received by the agreed time for delivery the Hirer will purchase
Aggreko's insurance obligation waiver (the “IOW”). In this case, the terms
and conditions set out in the Appendix (Insurance Obligation Waiver) shall
10.4 Information on loss or damage or accident
The Hirer shall inform Aggreko immediately in case (a) of loss of or damage
to the Plant and, where the possibility that any loss or damage has been
caused by a third party cannot be ruled out, notify the loss or damage to the
police and send a copy of the written report of that notification to Aggreko
without delay (b) the Plant is involved in any accident resulting in injury to
persons or damage to property. The Hirer must not make any admission,
offer, promise of payment or indemnity without Aggreko's consent in writing.
11. Aggreko liability limitation
11.1 Information and advice
The Hirer recognises and accepts that in entering into the Contract Aggreko
will rely on any advice, statement, representation or warranty given by the
Hirer to Aggreko or its employees, servants or agents, including in relation
to the Plant, its use (whether regarding specification, performance
capability or suitability for any purpose) and location. Aggreko shall not be
liable to the Hirer to the extent that any breach of contract, negligence, tort,
or other ground for liability is due to any such advice, statement,
representation or warranty being incorrect, incomplete or misleading.
11.2 Consequential loss
Aggreko shall not in any event be liable to the Hirer for any indirect or
consequential loss (including, but not limited to, loss of business and/or
profits) suffered by the Hirer whether arising from breach of contract,
negligence, tort, or otherwise, or any other fault on the part of Aggreko or
its employees, servants or agents and whether or not in the contemplation
of Aggreko and/or the Hirer at or prior to the commencement of the
11.3 Injury, death
Nothing in the Contract shall operate to exclude or limit Aggreko's liability
for the death or personal injury of any person caused by the negligence,
including intent or wilful recklessness, of Aggreko or its employees,
servants or agents.
11.4 Exclusion of Warranty
Aggreko makes no representations and gives no warranties - statutory,
implied or other - either as to the Plant itself, or as to the quality and
condition of the Plant, or as to its suitability for any particular or general
11.5 Limitation of liability
Aggreko's liability for damages in respect of the Contract (whether arising
from breach of contract, negligence, tort, or otherwise) shall in no event
exceed 80% of the total hiring costs (excluding costs passed on to the Hirer
such as transportation costs, fuel costs and others), if any, received from
the Hirer by Aggreko under the Contract.
11.6 Force majeure
Aggreko shall have no liability for, nor for any direct or indirect
consequence of, any delay or failure on its part in carrying out any or all of,
or any part of any of, its obligations under the Contract if such delay or
failure is attributable to the failure of any part, component or item of the
Plant caused by or occurring in connection with any Force Majeure Event.
For the avoidance of doubt, this Clause 11.6 shall operate to exclude the
liability of Aggreko for such delay or failure by the occurrence of the Force
Majeure Event and no notice shall be required to be given by or to either
12. Hirer liability
12.1 Cancellation fee
If the Hirer cancels the Contract up to one week before the commencement
of the Hire Period originally scheduled by Aggreko and the Hirer, the Hirer
will be due to pay 30% of the fees that would have been payable on
performance of the Contract. If the Contract is cancelled within one week
before the commencement of the Hire Period originally scheduled by
Aggreko and the Hirer, the Hirer will be due to pay 100% of the fees that
would have been payable on performance of the Contract.
12.2 Damages on Plant deteriorations due to Hirer non compliance
If breakdown or damage occur to any of the Plant owing to (a) failure by the
Hirer to observe any terms of the Contract; (b) negligence or misuse by the
Hirer or its employees, servants or agents; or (c) wilful or accidental
damage however occurring; the Hirer shall be liable to Aggreko for (i) the
full cost of any repairs which Aggreko shall deem necessary or desirable; or
(ii) the whole cost of replacement of such Plant if Aggreko considers that
such repairs would not be practicable or cost effective; and (iii) Aggreko's
hiring costs for the Plant: (A) while the Plant is idle owing to any such
breakdown or damage; and (B) while repairs are being carried out.
The Hirer shall be solely responsible for, and shall hold Aggreko fully
indemnified against any and all: (a) loss or damage arising to or in
connection with the Plant; or as a result of the use or situation of the Plant;
or from any failure on the part of the Hirer to return any of the Plant on time
at the termination of the Contract or Hire Period; (b) claims by any person
whatsoever for injury to person or property caused by or in connection with
the use or situation of the Plant and in respect of all costs and charges in
connection with it whether arising under statute or common law; and (c)
costs, fines, penalties, damages, assessments and/or expenses, levied,
assessed, incurred or awarded by reason of any violation of any applicable
environmental laws or regulations in connection with the discharge, release
and/or disposal of any hazardous materials or hazardous substances in the
course of the operation, use, handling or transportation of the Plant. The
indemnities shall not apply to the extent that the loss, damage or injury
arises from any negligence or wilful recklessness, on the part of Aggreko or
its employees, servants or agents.
14.1 Payment term
Except if otherwise agreed in writing, invoices are due for payment in full
upon receipt of invoice. No discount for payment before the payment term
will be granted.
14.2 Interests for late payment
Aggreko shall have the right to charge interests equal to the statutory
commercial interest rate (as mentioned in article 6:199a Dutch Civil Code)
with a minimum of 10 % on all overdue sums. Interests are due from the
day following the payment term. Late payment shall disentitle the Hirer from
any discount to which the Hirer might otherwise be entitled.
If (a) the Hirer fails to make punctual payment of any sums due to Aggreko;
or (b) the Hirer fails to observe and perform any of the terms and conditions
of the Contract; (c) the Hirer ceases to carry on business or is unable to
pay its debts as they fall due for payment or if the Hirer suffers any
diligence, distress or execution to be used or levied against it or make or
propose to make any arrangement with its creditors or being a company
shall go into liquidation or has a receiver, administrator or administrative
receiver appointed to the whole or any part of its assets and undertaking or
does or suffers the equivalent of any of the foregoing in any other
jurisdiction; (d) the Hirer does or causes to be done or permits or suffers
any act or thing whereby Aggreko's rights in the Plant may be prejudiced or
put into jeopardy; or (e) a Force Majeure Event affects the Plant and/or the
performance of all or any part of Aggreko's services under the Contract for
a continuous period of 14 days, then Aggreko may terminate the Contract
with immediate effect by serving written notice of termination on the Hirer
by registered letter. Aggreko may then retake possession of the Plant within
14 calendar days and, to do so, enter into or upon any premises where it
may be. Termination of the Contract shall not discharge either party from
any existing obligation accrued on or prior to the date of termination.
16. Contract general rules
All information obtained by one party concerning the operations of the other
shall be confidential and shall not be divulged to third parties either during
the period of this Contract or any time after it.
16.2 Precedence of each document
In the event of contradiction between the provisions of the documents
forming the Contract, the precedence of each document over the others is
defined by the order mentioned in the second paragraph of the recitals of
the terms and conditions.
16.3 Contract remains valid if some clauses are declared null and void
If any provision of the Contract is rendered void by legislation or declared
void by court decree or order or is or becomes illegal, invalid or
unenforceable in any respect under the laws of any jurisdiction, the
remaining provisions shall be severable and shall not thereby be altered
and shall remain in full force and effect.
16.4 Renunciation to clauses by Aggreko not permanent
Any waiver, indulgence or forbearance by Aggreko of any of the terms or
rights contained herein shall not affect the enforceability of such terms or
16.5 Contract changes
No variation of the Contract shall be effective unless specifically agreed in
writing by an authorised signatory of Aggreko and of the Hirer.
The Hirer shall not assign the Contract or any part of it or any benefit or
interest in or under it without the previous written agreement of Aggreko.
This consent will be in the absolute discretion of Aggreko and will be given
in exceptional circumstances.
16.7 Court with jurisdiction
As regards any dispute arising out of the interpretation or performance of
this Contract, the court of Rotterdam shall be exclusively competent.
16.8 Governing law
The ruling law of the Contract and of the relationship of the parties thereto
arising out of it shall be the Laws of The Netherlands.
Appendix: Insurance Obligation Waiver
1 Damages and losses covered
The application of the IOW relieves the Hirer of some of its obligations
under Clause 10.1 of the Terms and Conditions in respect of the Relevant
Plant (as defined below).
2 Plant covered
The IOW covers all Plant located at the Site other than any (a) fuel tanks,
(b) distribution panels and (c) ducting, hoses and cables, hired by the Hirer
from Aggreko (the “Relevant Plant”).
Unless otherwise agreed in writing, the IOW only covers Relevant Plant
where the Site is located in any of: (i) Austria; (ii) Belgium; (iii) Czech
Republic; (iv) France; (v) Germany; (vi) Hungary; (vii) Italy; (viii)
Luxembourg; (ix) The Netherlands; (x) Poland; (xi) Portugal; (xii) Spain; or
The Hirer must note specifically its obligations under Clauses 4, 6, 9, 12
and 13 which shall apply whether or not the Hirer has obtained insurance in
accordance with Clause 10 of the Terms and Conditions or whether or not
the IOW applies. However, if the IOW applies then the Hirer's liability for
loss of or damage to any Relevant Plant under Clauses 6.3, 9.2, 9.4, 12.2
and 13 of the Terms and Conditions shall be limited to 10% of the costs,
with a minimum of EUR 3.000,00 per incident in respect of such Relevant
The IOW does not apply to, limit or exclude any risk or liability of the Hirer:
(a) in the case of malicious or wilful damage caused by the Hirer including,
without limitation, deliberate misuse of the Relevant Plant; or (b) to any
third party (including the employees of the Hirer) arising from the operation
of, or in connection with, the Relevant Plant.
Accordingly, the Hirer shall be responsible for insuring the Relevant Plant
and itself against any such risks and liabilities in accordance with Clause
10. In addition, the IOW does not apply when the Contract is concluded for
applications on ship at sea or inside the confinement zone of nuclear
5 IOW fee
The IOW is granted in consideration of the payment by the Hirer of the IOW
fee set out in the Contract which shall be payable in accordance with
Clause 14 of the Terms and Conditions.