Conditions
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GENERAL CONTRACTING CONDITIONS
We recommend carefully reading the following general contracting conditions as they are applicable to all rentals contracted with Napalm Rentals SL and are immediately applicable after the acceptance of the budget. You can consult the complete general contracting conditions on our website: www.napalmrentals.com. Napalm Rentals SL is a Spanish company registered in the Mercantile Registry of Barcelona with company number: volume 46789 folio 94 page B-530960 entry 1, with CIF B-67170274 and with registered office at calle Llull nº48 6-2, 08005 Barcelona . 1. ORDERS To consider the material as reserved, the estimate presented by Napalm Rentals must have been accepted by the client and confirmed in writing by Napalm Rentals. 2. PRICES, INSURANCE AND DURATION OF THE CONTRACT The agreed amount for the rental of the material is stipulated in the budget. The amount must be paid IN ADVANCE to Napalm Rentals SL. The contract will be valid for the duration stipulated in the budget document. The prices described are in euros and do not include the value of VAT or the value of 6% insurance, which are included in the budget separately. In no case the prices include the transport of the equipment. Napalm Rentals has a shuttle service. If requested, the cost will be broken down separately. Prices are valid except for typographical or printing errors. The catalog, rates and other informative texts used by Napalm Rentals constitute an indication of the amount and range of the products offered, but in no case will the amount, description or characteristic be considered mandatory for Napalm Rentals. The equipment rented at Napalm Rentals is insured with a mandatory insurance of 6% of the rental value. This 6% of the rent will be applied to all rentals and will be shown in the client’s final budget. The client may, alternatively, take out personal insurance for the material in question, having to provide a certificate of this that shows that the value of the insurance is equal to or greater than that offered by Napalm Rentals. 3. DEPOSIT Napalm Rentals may require a deposit for the rented material that will be liable for damages due to breach of contractual obligations and for damages caused to the material and / or its accessories, without prejudice to the provisions of clause 7 on insurance coverage. . The value of the deposit is always detailed in the budget. The deposit is calculated depending on the value of the rented equipment. This deposit will be refunded once the rented material has been returned and the payment has been made. The value of the deposit will never exceed the value of the rented equipment. At the time of the return of the material, the deposit will be returned in full as long as all the material described in the corresponding delivery note is in perfect condition. Napalm Rentals reserves the right to return the deposit until 72 hours after the return of the material. 4. TRANSPORTATION AND TECHNICAL SERVICE Transportation service is not included in the rental of the material. Napalm Rentals offers a transport service (delivery and collection of material). If specified, the price and conditions of the service will be stipulated in a separate estimate. The service will be subject to availability by Napalm Rentals. Two types of transport services are offered: 1. Delivery and collection of the material at an agreed place and date. 2. Support service by Napalm Rentals technicians during the use of the material during the rental period. Includes van transport service, delivery and collection of material. The technicians will in any case be under the responsibility of the contracting company. Napalm Rentals will not be liable for damages that may occur to the equipment during the rental period. 5. METHOD OF PAYMENT AND PREVENTION OF NON-PAYMENT The full amount of the agreed price must be paid to Napalm Rentals SL before the material is collected. From the third contract made with Napalm Rentals SL, the client may benefit from a period of 30 calendar days to make the entire payment. Payments can be made in cash, by card or by transfer. If a bank transfer is preferred, the full agreed price must be reflected in the Napalm Rentals account before the equipment is delivered. Delays in the payment term foreseen and agreed by both parties will cause an interest surcharge at the legally established rate. In this case, a delay penalty equivalent to one and a half times the legal interest rate will be applied. 6. COLLECTION AND CHECKING OF THE EQUIPMENT The rental contract is formalized with the acceptance of the material by the client at the time of delivery. The person who withdraws the material will sign the “delivery note” with the acceptance of our general conditions. In all cases, Napalm Rentals will consider that the person to whom the material is delivered and who will sign the contract has been duly authorized to carry out this action on behalf of the contracting party. To proceed to remove a contracted equipment , every client, or failing that, the contracted carrier, must identify himself by means of his DNI or NIE or passport. No other document will be valid. For security reasons, said document will be scanned and stored together with the documentation of the commercial transaction, following the provisions of the Organic Law on Data Protection. After the time stipulated by the LOPD, the documentation will be destroyed. The client must personally take charge (assigning a technician or competent person) for the verification of all the contracted equipment and to make sure that all the material requested in the budget has been made available. Once this check is done, the contract is signed. As of this moment, the material remains under the responsibility of the client and Napalm Rentals SL will be exonerated of all responsibility regarding the state and the quantity of material made available to the client. 7. EXTENSION OR MODIFICATION OF ORDERS If an extension to the rental of the equipment or a modification of the dates is required, it is recommended that it be carried out as far in advance as possible. Napalm Rentals reserves the right not to extend or modify a reservation based on availability reasons. 8. EARLY RESOLUTION OF THE RESERVATION OF THE EQUIPMENT When the material has been reserved by accepting the budget, in case of cancellation of the reservation within a period of less than 24 hours, the client will be charged 50% corresponding to the rental of one day of the material . 9. PROTECTION OF PERSONAL DATA In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and the regulatory standards that are complementary, Napalm Rentals SL informs you that The personal data provided will be incorporated into a file of your responsibility for the purpose of managing the service and the contractual relationship. Respecting the provisions of current legislation, Napalm Rentals undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected. The data protection regulations allow you to exercise your rights of access, rectification, opposition, deletion, limitation of treatment, portability and not being the subject of individualized decisions before the person responsible for the treatment . You can exercise them by contacting the person responsible for the processing of personal data collected by Napalm Rentals SL: Max de Rosselló with NIF: 48094682A
GENERAL EQUIPMENT RENTAL CONDITIONS (terms and conditions of equipment rental)
All equipment contracted with NAPALM Rentals SL are subject to the following clauses. By contracting with Napalm Rentals it is understood that the client knows and has accepted the following terms and conditions. 1. GENERAL ASPECTS Napalm Rentals SL is a Spanish company registered in the Mercantile Registry of Barcelona with the following company number : volume 46789 folio 94 page B-530960 entry 1, with CIF B-67170274 and with registered office at calle Llull nº48 6-2, 08005 Barcelona. We recommend carefully reading the following general contracting conditions as they are applicable to all rentals contracted with Napalm Rentals SL and are immediately applicable after signing the contracted budget. The rental contract is formalized with the acceptance of the material by the client at the time of delivery. The person who withdraws the material will sign the “delivery note” with the acceptance of our general conditions. In all cases, Napalm Rentals will consider that the person to whom the material is delivered and who will sign the contract has been duly authorized to carry out this action on behalf of the contracting party. 2. OWNERSHIP OF THE EQUIPMENT The equipment is owned by Napalm Rentals or made available by third parties and is under its custody and responsibility. The subletting of rented equipment from Napalm Rentals is prohibited except with specific prior written authorization. 3. RESPONSIBILITIES ASSUMED BY THE CLIENT By signing the contract, the client acknowledges having checked that the material is in good working order and in good technical and aesthetic condition, as well as having verified that all the required material has been made available. . No claim will be accepted once the material has left our facilities. The client agrees to guard the rented material diligently and professionally. The client undertakes to protect the material from weather conditions and to take all the necessary precautions for its preservation and safety. The client will respond to Napalm Rentals, SL for all damages that may be caused while the material is under his responsibility, that is, from the moment the client collects the material until he has returned all the rented material . The client must avoid putting the rented material in any situation of risk of causing damage or loss. In addition, the client undertakes to inform Napalm Rentals SL in advance and request its express acceptance, in the event that the material is to be available for any risk recording (aquatic, aerial recordings, generated by moving vehicles and any situation similar). For this reason, Napalm Rentals SL reserves the right to change the rental conditions, even not accepting said uses and canceling the contract. The client agrees not to alter, disassemble, transform, amend or carry out any similar action on the rented material . The customer can entrust the operation of the equipment only to competent technicians who know the operation of the rented equipment. Napalm Rentals does not assume any training obligation and the client will be responsible for damages related to misuse. The costs related to damage or loss of the material in transit, or immobilization of the material in customs, will be borne by the customer. 4. COLLECTION AND VERIFICATION OF THE EQUIPMENT The client must personally take charge (assigning a technician or competent person) for the verification of all the contracted equipment and to make sure that all the material requested in the budget has been made available. Once this check is done, the contract is signed. As of this moment, the material remains under the responsibility of the client and Napalm Rentals SL will be exonerated of all responsibility regarding the state and the quantity of material made available to the client. 5. SAFETY RULES To proceed to remove a contracted equipment, every client, or failing that, the contracted carrier, must identify himself by means of his DNI or NIE or passport. No other document will be valid. For security reasons, said document will be scanned and stored together with the documentation of the commercial transaction, following the provisions of the Organic Law on Data Protection. After the time stipulated by the LOPD, the documentation will be destroyed. 6. WARRANTY In the event of any equipment breakdown, the client must immediately notify Napalm Rentals and bring or send said equipment to its facilities. In the event of a breakdown, Napalm Rentals undertakes to offer a replacement for the equipment in question if there is availability. If the Napalm Rentals technicians determine that there is no fault or that its malfunction has been the result of misuse, the customer will be charged the price of the replacement equipment. For reasons of urgency and taking into account the transport time, the customer may request the delivery of a replacement equipment before returning the equipment allegedly damaged. In the event that the Napalm Rentals technicians do not find any fault, the price of the two equipment will be invoiced to the client. In no case Napalm Rentals will be responsible for covering the costs incurred by the transport due to breakdowns, this will be the responsibility of the client. 7. INSURANCE The equipment rented at Napalm Rentals is insured with a compulsory insurance of 6% of the rental value. This 6% of the rent will be applied to all rentals and will be shown in the client’s final budget. The client may, alternatively, take out personal insurance for the material in question, having to provide a certificate of this that shows that the value of the insurance is equal to or greater than that offered by Napalm Rentals. The material is insured for the following damages occurred during the transport of the material: Fire, lightning, explosion, electrical damage, flooding, theft, damage to equipment (EXCEPT: use in extreme conditions such as filming on board boats or aircraft, participation in sports competitions such as regattas, motorcycle and car races , wars or riots and breaking screens and glass) The following damages are EXPRESSLY EXCLUDED from the transport insurance coverage: fraud / non-return, theft of material (it is important to carry out an adequate surveillance in parking lots and car parks), losses, damages or expenses attributable to malicious or negligent behavior of the client, deterioration of accessories, losses, damages or expenses caused by the insufficiency or inadequacy of the packaging or preparation of the insured object to withstand the usual incidents derived from transport, loss of information in general. The client must be in charge of providing adequate security to the materials and monitoring the equipment during filming, in parking lots and car parks, as the theft of material is not covered by transport insurance . Any claim must be mandatorily reported by the client within 24 hours of the event. In case of damage to the equipment, the client agrees to return them immediately to the Napalm Rentals premises to make an assessment of the extent of the damage produced. In the event of a claim not covered by our insurance, the compensation will be paid by the customer and will be based on the cost of replacement of new material at the value of the day of the claim. In all these cases, the client will be under the responsibility of replacing or compensating Napalm Rentals for the damaged or lost equipment, this deposit must be made within a period of 7 calendar days. This insurance has a franchise to be paid by the client, of € 300. This covers all of Europe except for those exclusions dictated by the national insurance consortium. In case of being in any of the excluded countries or outside Europe , Napalm Rentals SL must be notified 10 days in advance to process an extension of the insurance that may have an extra cost and that has a franchise of 15% of the amount of the claim with a minimum of € 300. In case of use in extreme conditions (see section 3), additional insurance may be available, provided that you have the prior knowledge and express agreement of Napalm Rentals SL. 8. PRICES AND DURATION OF THE CONTRACT The agreed amount for the rental of the material is stipulated in the budget. The amount must be paid IN ADVANCE to Napalm Rentals SL. The contract will be valid for the duration stipulated in the budget document. The prices described are in euros and do not include the value of VAT or the value of the 6% insurance, which are included in the budget separately. In no case the prices include the transport of the equipment. Napalm Rentals has a shuttle service. If requested, the cost will be broken down separately. Prices are valid except for typographical or printing errors. The catalog, rates and other informative texts used by Napalm Rentals constitute an indication of the amount and range of the products offered, but in no case will the amount, description or characteristic be considered mandatory for Napalm Rentals. 9. QUOTE In order to consider the material as reserved, the estimate presented by Napalm Rentals must have been accepted by the client and confirmed in writing by Napalm Rentals. 10. EARLY TERMINATION OF THE CONTRACT AND THE RESERVATION OF THE MATERIAL The contract may be terminated by both contracting parties before its end date. The contract will be considered terminated at the time of delivery of the material at the Napalm Rentals location. The collection of the days of rented material will run until the moment of delivery of the material. In the event that a discount has been applied to the client, Napalm Rentals reserves the right to review and reverse the application of said discounts that were conditional on the duration of the contract for the initially stipulated time . When the material has been reserved by accepting the budget, in case of cancellation of the reservation within a period of less than 24 hours, the client will be charged 50% corresponding to the rental of one day of the material. Modification of the agreed reservation dates is allowed, with prior notice within a reasonable time, but they will always be subject to availability by Napalm Rentals. 11. EXTENSION OF RESERVATIONS If an extension of the equipment rental is required, it is recommended that it be carried out as far in advance as possible. Napalm Rentals reserves the right not to renew or extend a reservation based on availability reasons. 12. LATE RETURN OF THE MATERIAL In the event that the material is not returned on the date stipulated in the contract without prior notice to Napalm Rentals and with its express acceptance, it will be considered that the contract is still valid and will be applied a price of 150% of the rental value per day of delay. In those cases in which the delay is greater than 24 hours, Napalm Rentals SL, in addition to requiring the payment of the increased daily rate, will immediately proceed to take the appropriate legal actions. 13. METHOD OF PAYMENT The full amount of the agreed price must be paid to Napalm Rentals SL before the material is collected. From the third contract made with Napalm Rentals SL, the client may benefit from a period of 30 calendar days to make the entire payment. Payments can be made in cash, by card or by transfer. If a bank transfer is preferred, the full agreed price must be reflected in the Napalm Rentals account before the equipment is delivered. 14. PREVENTION OF DELAYS Delays in the payment term foreseen and agreed by both parties will cause an interest surcharge at the legally established rate. In this case, a delay penalty equivalent to one and a half times the legal interest rate will be applied. 15. RETURN OF EQUIPMENT The equipment must be returned to the Napalm Rentals SL location where they were initially collected. The client will be in charge of verifying at the time of the return of the equipment, that all the rented material is found and in the same state in which it was initially delivered. In case of having contracted the transport service, the return of the equipment and the verification of the equipment will be carried out by the Napalm Rentals technicians. However, this does not exempt the customer from the obligation to carry out the appropriate checks before transport. 16. DEPOSIT Napalm Rentals may require a deposit for the rented material that will be liable for damages due to breach of contractual obligations and for damages caused to the material and / or its accessories, without prejudice to the provisions of clause 7 on the insurance coverage. The value of the deposit is always detailed in the budget. The deposit is calculated depending on the value of the rented equipment. This deposit will be refunded once the rented material has been returned and the payment has been made. The value of the deposit will never exceed the value of the rented equipment. At the time of the return of the material, the deposit will be returned 100% as long as all the material described in the corresponding delivery note is in perfect condition. Napalm Rentals reserves the right to return the deposit until 72 hours after the return of the material. 17. TRANSPORTATION AND TECHNICAL SERVICE Transportation service is not included in the rental of the equipment. Napalm Rentals offers a transport service (delivery and collection of material). If specified, the price and conditions of the service will be stipulated in a separate estimate. The service will be subject to availability by Napalm Rentals. Two types of transport services are offered: 1. Delivery and collection of the material at an agreed place and date. 2. Support service by Napalm Rentals technicians during the use of the material during the rental period. Includes van transport service, delivery and collection of material. The technicians will in any case be under the responsibility of the contracting company. Napalm Rentals will not be liable for damages that may occur to the equipment during the rental period. 18. CUSTOMS The client must notify Napalm Rentals SL on the date of signing the contract or at any later time, the departure of the equipment abroad within the rental period. If a Napalm Rentals equipment needs to be transported to a non-European Union country, the client must ensure that the equipment is accompanied by the necessary documentation. This documentation must be managed by the client. Napalm offers a customs management service for a price of € 50 per ATA carnet plus all the costs involved in creating an ATA carnet. Any bureaucratic management that has not been expressly contracted in advance, as well as the immobilization of equipment in customs generating a delay in the return of the equipment will be invoiced to the client. 19. APPLICABLE LAW AND JURISDICTION This contract is governed and interpreted according to Spanish law. The parties, for the execution and interpretation of the clauses of these general contracting conditions, waiving their own jurisdiction if it were another, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona. In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and the regulatory standards that are complementary, Napalm Rentals SL informs you that the personal data provided They will be incorporated into a file of your responsibility for the purpose of managing the service and the contractual relationship. Respecting the provisions of current legislation, Napalm Rentals undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected. The data protection regulations allow you to exercise your rights of access, rectification, opposition, deletion, limitation of treatment, portability and not being the subject of individualized decisions before the person responsible for the treatment . You can exercise them by contacting the person responsible for processing the personal data collected by Napalm Rentals SL: Max de Rosselló with NIF: 48094682A Address: Llul nº48 6-2, 08005 Barcelona Contact email: info@napalmrentals.com Napalm Rentals SL reserves the Right to modify the general contracting conditions when necessary and without prior notice.