ProTruck A/S
General Short- Term Rental Terms and Conditions (applicable for a rental period of up to 24 months)
The following Terms and Conditions apply to the Short-Term Rental of Machines, equipment, and related items from ProTruck A/S (hereinafter "ProTruck"), unless otherwise agreed in writing with the Customer.
1. Definitions
Short-Term Rental: The Short-Term Rental Period is specified by the Customer at the commencement of the Rental Agreement and is defined as a period of between 1 day and 24 months. Machines, equipment, and related items rented under the Short-Term Rental are administered by ProTruck.
The Agreement: The Agreement entered into between the Customer and ProTruck, which may be confirmed by an order confirmation, regarding the Short-Term Rental of machines, equipment, and related items from ProTruck.
Short-Term Rental
Terms and Conditions: These General Short-Term Rental Terms and Conditions
The Machine: The term "Machine" refers to the item rented by the Customer, including equipment and related items added to, mounted on, or delivered together with the Machine.
2. General Provisions
1. These Short-Term Rental Terms and Conditions are deemed accepted by the Customer as an integral part of the Agreement with ProTruck. ProTruck's Machine may not be removed from Denmark unless otherwise agreed in writing.
2 Unless explicitly agreed otherwise in writing with ProTruck, any rental is governed solely by these Short-Term Rental Terms and Conditions, notwithstanding any conflicting or deviating provisions in the Customer’s order, acceptance, or any other documents prepared or issued by the Customer.
3. Duration of the Rental and Rental Fee
1. The rental period for the Machine commences on the day the rented equipment is delivered by ProTruck and ends on the day the Machine is returned to ProTruck’s premises.
2. The Agreement is binding and non-terminable by either party for the agreed period, unless otherwise expressly stated in the Agreement with the Customer.
3. The daily Rental Fee is calculated for the entire rental period, regardless of whether the Machine is in use. The Machine must be returned by 8:00 a.m. on the day the rental period ends in accordance with the Agreement, or the Rental Fee for that day will be charged.
4. In addition to the Rental Fee, the Customer must pay ProTruck for tires and forks based on actual usage.
5. If the Customer requires specific safety approvals, site introduction courses, or other certification procedures related to ProTruck, which result in additional work or time expenditure, ProTruck reserves the right to invoice the Customer for such costs.
6. A standard calculation of fifty (50) hours per month applies, unless otherwise specified in the Agreement. The Rental Period is calculated based on working days, calendar days or months, depending on the type of Machine rented.
7. If the Machine is used for more than 50 hours per month, the Rental Fee will be calculated at a factor of 1.5 for twoshift operation and at a factor of 2 for three-shift operation.
8. Periods during which the Customer is prevented from using the Machine due to, for example, strikes, lockouts, weather conditions, or similar circumstances, do not shorten the rental period and do not entitle the Customer to any reduction of the Rental Fee.
9. The Rental Fee is determined on the basis of price levels, taxes, contributions, etc. The Rental Fee must be adjusted proportionally if ProTruck's purchase price of the Machine changes for one reason or another, including increased cost of the Machine or specialised equipment, public duties, contributions, or other charges. Regardless of whether such costs are imposed on ProTruck as owner or business, ProTruck is entitled to adjust all fees under the Agreement proportionally throughout the term of the agreement.
10. To the extent that ProTruck is faced with extraordinary price increases from its suppliers in relation to the Machine, specialised equipment, additional equipment, spare parts, services, or other items covered by the Agreement, ProTruck is entitled to unilaterally adjust the Rental Fee to the Customer in a corresponding manner upon thirty (30) days’ prior notice. This may, for example, occur due to a global critical public health crisis or as a result of Force Majeure, and generally if such extraordinary price increases cannot be absorbed within the annual price adjustments stipulated in the Agreement.
11. The Rental Fee does not include ordinary operating expenses such as fuel, engine oil, sprinkler fluid, tyres, and other consumables of a similar nature. These expenses are borne by the Customer unless otherwise expressly stated in the Agreement.
12. Payment terms are "net cash" unless otherwise expressly stated in the Agreement. The Rental Fee is invoiced monthly in advance.
13. All prices/payments are in the currency stated in the Agreement and are exclusive of VAT, which is calculated in accordance with the applicable law of the country.
14. The Customer may not withhold any amounts due to ProTruck on the grounds of delays, defects in the Machine, damages, destruction, loss, or lack of permits.
15. If the Machine is used on average more than 15% above the agreed usage, ProTruck is entitled to charge a surcharge corresponding to the extra costs, including, for example, depreciation, which ProTruck estimates are associated with the additional use of the Machine.
16. In the event of late payment of the Rental Fee or any other amounts due under the Agreement, a fee will be charged, and interest on overdue amounts will accrue at a rate of 1.5% per commenced month until full payment is made.
17. The Customer may not offset any amounts against the Rental Fee, exercise a lien over the Machine, or refuse to make payment due to delay, complaints, or counter-claims relating to the specific or any other delivery. Any such offset or withholding will be considered a material breach of the Agreement.
4. Offers and Prices
1. Any written or verbal offer, estimates or agreed net prices are provided under the following conditions:
a. that the work is performed within ProTruck's normal working hours. Overtime, weekend, and holiday work will be invoiced separately,
b. that ProTruck is entitled to the agreed Rental Fee, regardless of whether the rented equipment is used,
c. that any offer is valid for 4 weeks unless otherwise agreed in writing, and that all offers are subject to prior rental,
d. that prices are exclusive of VAT and insurance premiums,
e. that offer prices cannot be transferred to new projects or rental periods without ProTruck's written consent,
f. that any fees for extraordinary safety requirements are not included in the offer, and
g. that prices are adjusted once annually, including for current rentals, in accordance with changes in the net price index, subject to a minimum increase of 3%.
5. ProTruck’s Obligations and Liability
1. The Machine is delivered in a clean, operational and legal condition. ProTruck is responsible for ensuring that statutory inspections are carried out (except for the exceptions specified in section 6).
6. Customer’s Obligations and Liability
1. Throughout the rental period, the Customer bears all risk and liability for the Machine, including the obligation to ensure that appropriate insurance coverage has been taken out, cf. section 8 Risk Premium (insurance conditions).
2. The Customer assumes responsibility for ensuring that the Machine is stored in accordance with applicable law, and that its use complies with the prescribed performance, safety regulations, ProTruck’s instructions, marking requirements, and other related obligations, including any necessary notifications to authorities. The Machine may only be used for the purpose and in the manner agreed upon or contemplated by ProTruck and the Customer, or as otherwise specified in any operating instructions from the manufacturer and/or ProTruck.
3. The Customer is obliged to inform ProTruck of any use of the Machine outside normal working hours, as well as during two- or three-shift operations. Subletting or lending the Machine to a third party is not permitted without ProTruck’s prior written consent.
4. The Machine may not be moved to a work site other than the delivery address specified in the Rental Agreement without ProTruck’s prior written consent.
5. The Customer is responsible for itself, its employees, and third parties with respect to any damage not resulting from defects for which ProTruck bears responsibility and risk. This includes, but is not limited to, responsibility for damage to property, persons, and equipment resulting from exceeding weight limits. If ProTruck becomes liable to third parties, the Customer must indemnify ProTruck for any liability exceeding that which the Customer would be entitled to claim against ProTruck under these Short-Term Rental Terms and Conditions, including any legal fees and other costs actually incurred by ProTruck.
6. The Customer indemnifies and holds ProTruck harmless for any costs ProTruck may incur towards public authorities or third parties as a result of the Customer’s use of the Machine, or the Customer’s failure to obtain necessary public or private authorisations, permits, or approvals.
7. The Customer may not modify or alter the Machine, including removing fixtures, consoles, or similar components, without ProTruck’s prior written consent. Any modification may only be carried out by ProTruck or a service partner authorised by ProTruck.
8. During the rental period, the Customer is responsible for performing safety inspections and routine operational maintenance of the Machine, including monitoring fluid levels, charging batteries, performing regular cleaning and similar tasks, ensuring that the Machine is at all times kept in good and operational condition.
9. Service and repair work may only be performed by ProTruck or a service partner appointed by ProTruck. Unless otherwise expressly stated in the Agreement, the Customer must bear the costs of all service and repair work.
10. The Customer pays for the inspection of the Machine upon return, including any final cleaning. Smoking inside the operator’s cabin is not permitted any violation results in invoicing of additional cleaning.
11. The Customer bears all costs related to installation, dismantling, and operation of the Machine, including lubrication, oil, fuel, electricity, water, chisels, drill bits, and similar consumables. Only the lubricants prescribed by ProTruck may be used.
12. ProTruck may, at any time and with reasonable notice, require an inspection of the Machine. ProTruck may entrust such inspection to a qualified technical expert. If the inspection reveals damage or similar issues, the Customer must promptly comply with ProTruck’s instructions in this respect.
7. Transport, Delivery/Collection, and Return of the Rented Equipment
1. The delivery and collection date and time are agreed between the Customer and ProTruck. Transportation costs are paid by the Customer in accordance with applicable rates or any agreed quotation. Unless otherwise specified in the Agreement, the place of delivery is the Customer’s address.
2. Collection may also take place from ProTruck’s branches by prior arrangement. If collection or return is carried out by the Customer, the Customer’s employees, an independent carrier engaged by the Customer, or any other party for whom the Customer is responsible or with whom the Customer has contracted for the transport and/or loading of the rented equipment, the Customer bears full responsibility during such transportation and/or loading. The same applies in connection with relocation of the Machine.
3. Upon collection or delivery, the Customer must present valid identification upon request.
4. The Customer, or its representative, must be present at the delivery location upon the Machine’s arrival to receive any necessary instructions.
5. The Customer is responsible for ensuring that all equipment, as well as trucks, long vehicles, and crane trucks, can operate without obstruction, and that the Machine can be transported to the delivery location on suitable and accessible roads. Transportation and installation must be possible without obstruction from, for example, parked vehicles, overhead power lines, or other contractors’ equipment. Matters concerning road closures, access routes, ground protection plates, permits from authorities, supervision, and similar arrangements are the responsibility of the Customer and not ProTruck. Queries regarding the above may be directed to ProTruck.
6. Waiting time resulting from non-observance of the above conditions will be invoiced to the Customer in addition to the agreed Rental Fee and any other costs.
7. The Customer is not entitled to bring any claim against ProTruck due to delayed delivery.
8. The Customer undertakes to inspect the Machine and notify ProTruck immediately if the Machine is not in good working condition or as provided for in the Agreement.
9. Throughout the term of the Agreement, ProTruck is entitled to replace the Machine with an equivalent or better Machine with at least the same specifications, performance and operating life as the originally delivered Machine, and capable of performing the same tasks as the originally delivered Machine. If ProTruck chooses to replace the Machine, the replacement will be carried out at no cost to the Customer.
10. Upon return, the Customer must deliver the rented equipment in the same condition as it was received, cleaned and free of residues, except for normal wear and tear.
11. An inspection fee is charged upon return. Any cleaning, repairs, or replacement of missing accessories resulting from the Customer’s non-compliance are at the Customer’s expense.
8. Risk Premium (Insurance Conditions)
1. The Customer is required to pay the risk premium throughout the rental period to ensure that the Machine remains insured. The risk premium for this coverage is payable to ProTruck.
2. The risk premium covers insurance against fire, theft, vandalism, and other external damage to the Machine while it is used in Denmark. The insurance obligation continues until the Machine has been collected/returned.
3. The insurance is taken out with a deductible as stated below. The deductible must always be borne by the Customer, and the Customer also bears the risk of any damage not covered by the insurance.
4. To obtain insurance coverage, any theft or vandalism must be reported to the police within 24 hours.
5. The Customer must provide ProTruck with the police report reference number within the above deadline.
When risk premium (insurance) is deselected in the Agreement (self-insurance)
6. If comprehensive insurance, risk premium and all-risk insurance are deselected in the Agreement, the Customer is considered to be self-insured. This means that any damage to the Machine, which cannot be considered normal wear and tear and did not occur during normal use of the Machine, will be invoiced to the Customer, regardless of whether the Customer has insured the Machine themselves. The Customer is responsible for seeking reimbursement directly from its insurance company.
7. ProTruck may also invoice the Customer for the value of the Machine in the event of loss of the Machine due to fire, theft, or similar circumstances. The Customer is responsible for the Machine throughout the entire Rental Period, even if the Machine is left with a repairer suggested or designated by ProTruck. The Customer also bears the risk of any loss of the Machine while it is with a repairer or workshop, even if ProTruck designated the repairer or workshop.
8. The Customer pays the risk premium (insurance premium). The premium currently amounts to 6.0% of the gross rental price and is shown separately on ProTruck’s invoice.
9. Customer’s additional Liability for Damage not covered by the Risk Premium, including ProTruck’s Limitation of Liability
1. Damage to the Machine caused by intent or gross negligence on the part of the Customer, the Customer’s employees, and/or intentional acts or gross negligence on the part of independent third parties employed or engaged by the Customer is not covered by the risk premium. When the Machine is left unattended, all necessary precautions must be taken to prevent undue overload and/or damage to the Machine, including theft, vandalism, and similar risks. The Customer is responsible for any damage not caused by defects on the part of ProTruck. Accordingly, the Customer is liable for, among other things, damage to property, persons, and equipment resulting from, for example, incorrect weight specifications, incorrect information about the bearing capacity of the ground, surface, or soil, or incorrect or incomplete descriptions of site conditions and access routes, and the like.
2. ProTruck cannot be held liable to the Customer or any third party for operating losses, loss of time, loss of profit, loss of goodwill or other indirect losses in connection with the Agreement, including direct or indirect losses as a result of delay, defects or breakdown of the Machine. This also applies to machine damage, work stoppages, and delays caused by war, fire, strikes of any kind, lockouts, government interference or regulatory orders, rainfall, low temperatures, wind, or other weather conditions
3. If, despite the provisions of the Agreement and these Short-Term Rental Terms and Conditions, ProTruck is held liable to the Customer or a third party, such liability is limited to an amount corresponding to the Rental Fee for one (1) month’s Rental Fee for the Machine.
4. Damage resulting from overload, misuse, negligent operation, or other improper handling of the Machine is the Customer’s responsibility and must be compensated by the Customer at replacement value.
5. Damage caused by flooding is not covered by the Risk Premium.
6. Damage resulting from or caused by graffiti or burglary is not covered by the Risk Premium.
7. Costs associated with salvage, removal, and any replacement of the Machine are not covered by the Risk Premium.
8. Damage occurring during transportation of the rented equipment carried out by the Customer, the Customer’s employees, an independent carrier engaged by the Customer, or any other party for whom the Customer is responsible, or with whom the Customer has contracted for transportation and/or loading, is not covered by the Risk Premium.
9. Transportation of the Machine on a barge or in a cargo hold outside the harbour area (beyond the outer piers), or without the Machine being properly secured to the barge, is not covered by the Risk Premium.
10. Equipment damaged in connection with painting, sandblasting, concrete spraying, masonry work, or similar activities is not covered by the Risk Premium.
11. Unless expressly protected by additional anti-corrosion measures such as coating or similar treatment, the Machine must not be used in proximity to seawater due to the increased risk of corrosion.
10. Deductible
1. The Customer is liable for damage to equipment rented from ProTruck, with the following deductible applicable per damage incident:
2. If a machine equipped with monitoring equipment is recovered, the Customer is only liable for half of the deductible.
3. * The amount is fixed for the year 2024 and is indexed annually on 1 January.
11. Breach
1. In the event that the Customer breaches its obligations under the Agreement or these Short-Term Rental Terms and Conditions, ProTruck may, without prior notice, terminate the Agreement, repossess the rented equipment, and claim compensation for its loss, including any expenses incurred by ProTruck, including but not limited to cases where the Customer:
a. fails to pay due Rental Fees or any other amounts owed within eight (8) days of the due date, and exercises set-off or withholding of payment,
b. is declared bankrupt and the estate fails, within eight (8) days of receiving a request, to assume the Agreement and provide the necessary security,
c. enters into restructuring proceedings and fails, within eight (8) days of receiving a request and with the approval of the supervisor, to provide the necessary security for the performance of the Agreement,
d. neglects to carry out operational maintenance, including servicing, cleaning, and proper repair of the Machine,
e. refuses ProTruck access to inspect the Machine,
f. removes the Machine from the notified worksite,
g. uses the Machine in violation of applicable laws, regulations, and instructions governing such use, or in violation of the Agreement or these Short-Term Rental Terms and Conditions, or fails to obtain any required public permits,
h. breaches any another agreement with ProTruck,
i. misuses the Machine, including negligent handling, lending or otherwise transferring it to any third party, relocating it or otherwise disposing of it, and
j. fails, no later than seven (7) days after request, to provide evidence that the Machine is properly insured.
2. Following termination for breach, ProTruck is entitled, without notice and at the Customer’s expense, to take possession of the Machine.
3. ProTruck is also entitled to claim payment of a compensation amount in addition to the amounts due. This amount is calculated as the present value of all undue Rental Fees for the unexpired term of the Agreement (the remaining period). For the purpose of discounting, an interest rate is applied which, in the case of fixed Rental Fees, corresponds to the loan rate obtainable by ProTruck at the termination date for the remaining period, plus 3% per annum, and which, in the case of variable Rental Fees, corresponds to the monthly Cibor rate determined at the termination date for a variable loan for the remaining period, plus 3%. The compensation amount is payable upon demand.
4. Any collateral, deposits or other forms of security provided by the Customer will serve as security for all claims of any nature that ProTruck may have against the Customer. ProTruck is entitled to set off undue receivables of any kind against any amount due to the Customer.
12. Defects and Product Liability
1. Prior to commencement of the Agreement period, the Customer has selected a Machine with the desired specifications, accessories, and related equipment, and has had the opportunity to inspect and test the Machine. The Customer therefore bears the full risk that the Machine, including accessories, in terms of design, durability, and other characteristics, always meets the Customer’s intended purpose and possesses the expected usability. Accordingly, the Customer cannot invoke any defects in the Machine against ProTruck, but is obliged to perform the Agreement in all respects.
2. If the Customer wishes to assert claims for defects or otherwise against the supplier or manufacturer of the Machine, ProTruck may require the Customer, after obtaining approval, to take the necessary legal action at its own expense, without costs to ProTruck.
3. ProTruck can only be held liable for product liability where applicable law, including the Danish Product Liability Act, requires such liability.
13. Environmental Clause
1. The Customer declares that it complies at all times with all applicable environmental regulations and any environmental permits applicable at any time to its business activities and will notify ProTruck of any changes to its environmental status.
14. Assignment
1. ProTruck may at any time fully or partially assign its rights under the Agreement and/or the Machine and/or specialised equipment to a third party.
15. On-Call Service
1. If the Customer requires service outside ProTruck’s normal business hours, please contact the 24-hour hotline at +45 6966 3456 (select the emergency support line). An on-call service outside normal hours, cf. the opening hours at www.protruck.dk, will be invoiced separately to the Customer according to the Agreement (time spent includes travel to/from the ProTruck employee’s residence). Additional costs for service vehicles, various consumables and environmental fees according to ProTruck’s current rates will apply. No discounts are granted for services associated with on-call support. The Customer is generally not invoiced for issues resolved by phone.
2. Any transportation costs to external carriers will be invoiced to the Customer and no discounts are granted on the above prices.
16. Processing of Personal Data
1. As part of the Customer relationship, ProTruck processes certain personal data about the Customer for customer administration purposes, including, but not limited to, the delivery of ordered goods or services, invoicing, marketing, and other matters. Processing is carried out in accordance with applicable data protection legislation, in particular the General Data Protection Regulation and the Data Protection Act, and is handled confidentially and securely.
2. ProTruck's "Privacy Policy", which contains information on ProTruck's processing of personal data, including the Customer's rights in relation to this, is available at www.protruck.dk and can be read here: http://www.protruck.dk/firma/om-protruck/privatlivspolitik
3. By entering into an Agreement with ProTruck and accepting these Terms and Conditions, the Customer declares having read and understood ProTruck's privacy policy.
17. EU Data Act
1 The Customer acknowledges and accepts the information, data annex and terms related to the EU Data Act (EU 2023/2854) applicable from time to time, available on ProTruck’s website under “Useful Links” (Terms of Sale). The material can be accessed directly via the following link: https://protruck.dk/eu-data-act/. The Customer further acknowledges that such information and annexes may be updated from time to time by ProTruck and its suppliers, and that it is the Customer’s responsibility to stay informed of any such updates.
18. Jurisdiction and Applicable Law
1 Any claims arising from or in connection with the Agreement may only be brought before the courts in the jurisdiction where ProTruck has its principal place of business. Danish law applies to any dispute between ProTruck and the Customer.