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.

1. Definition

"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

from Aggreko.

"Working Day" means the days from Monday to Friday, except bank

holidays.

"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.

3.3 Access

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.

3.4 Rehiring

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

regulations).

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

Clause 4.

5. Maintenance

5.1 Maintenance/service

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. Breakdown

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

expense.

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.

7. Receipt

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

exclusive responsibility.

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

supplied).

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. Insurance

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

apply.

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

Contract.

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

purpose.

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

party.

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.

13. Indemnities

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. Payment

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.

15. Termination

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

16.1 Confidentiality

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

rights.

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.

16.6 Assignment

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

(xiii) Switzerland.

3 Waiver

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

Plant.

4 Exclusions

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

plants.

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.

To speak to one of our representatives please call

+31 88 6441 441

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