- Definitions
1.1. Lessor – Inbloom Media OÜ
1.2. Lessee – the person whom the Lessor has entered into the Agreement with;
1.3. Party – the Lessor or the Lessee;
1.4. Agreement – the lease agreement for the Equipment, entered into between the Parties and prepared in two parts, which includes the Equipment to be leased and other special agreements.
1.5. Equipment – the equipment or other property leased under the Agreement, the list of which is specified in the Agreement;
1.6. General Conditions – the general conditions for the lease of the Equipment by the Lessor which are included in this document and which are applicable to all Equipment lease agreements entered into by the Lessor to the extent that the Parties do not agree otherwise in another document expressing the lease relationship, including the Agreement or the Customer Agreement, and they form an integral part of the Agreement.
1.7. Site – the address for using the leased Equipment at.
- Declarations of Lessee
2.1. By entering into this Agreement, the Lessee declares to the Lessor the following:
2.1.1. The Lessee and the person acting on their behalf have all the necessary rights regarding the Equipment in order to enter into the Agreement, and the Lessee is not aware of any factors that may obstruct or make it impossible for the Lessee to properly comply with all the obligations of the Lessee under the Agreement;
2.1.2. The Lessee has examined and the Lessor has adequately informed and instructed the Lessee of the following: the features of the Equipment to be leased, the lease price list, technical condition; the Lessee has received comprehensive answers to any questions regarding the use and features of the Equipment;
2.1.3. The Lessee has all the necessary and required skills and other necessary prerequisites for the proper use of the Equipment leased to them.
- Conclusion and Duration of Agreement
3.1. The Agreement shall be deemed to be concluded at the point in time when the relevant agreement between the Parties has been reached in at least the form that can be reproduced in writing, unless prescribed otherwise by an agreement between the Parties or other provisions of the General Conditions.
3.2. The lease relationship begins when the Equipment is delivered to the Lessee at the delivery address, the location and contact information of which is specified on the order placed by the Lessee, and ends when the Lessee returns the Equipment after they (the Lessee) deliver a written notification to terminate the agreement via e-mail at info@kodusport.ee
3.3. Unless otherwise agreed, the length of the Lease Period is calculated in calendar months.
- Delivery and Return of Equipment
4.1. The Equipment is delivered to the Lessee for use at the Site specified by the customer upon entering into the Agreement. The Equipment must be returned to the same address where the delivery took place. The Lessee may not transport the Equipment without permission provided by the Lessor. The Equipment can be delivered and returned only during the normal business hours of the company of the Lessor, unless agreed otherwise.
4.2. Upon receipt of the Equipment, the Lessee is obligated to immediately verify the quantity, quality and technical condition of the Equipment and to notify the Lessor immediately, but not later than on the first day when the Equipment was leased, in a form that can be reproduced in writing, of all shortcomings and complaints related to the Equipment that have become known to the Lessee. Once the day has passed, the Equipment is considered to be in compliance with the quantity specified in the Agreement and the Lessee has no complaints regarding the quality or technical condition of the Equipment (excl. possible hidden shortcomings which cannot be identified during a prudent inspection within that period).
4.3. When returned, the Equipment must be in the same technical condition as when the Equipment was delivered to the Lessee, taking into account normal wear and tear.
4.4. If the Lessor identifies during or after the return of the Equipment that the Equipment has been rendered unusable or its value has decreased significantly due to the result of a circumstance for which the Lessee is responsible, the Lessor has the right to either refuse to accept the Equipment and demand compensation from the Lessee in the amount that corresponds to the purchase of the Equipment in a new unused condition, or to accept the Equipment as is and demand the reimbursement of all costs related to the fixing and repairs of the Equipment.
4.5. The Equipment is considered lost if the Equipment has not been returned to the Lessor within 14 days starting from the end of the Lease Period.
4.6. If the Lessee does not return the Equipment by the due date upon termination of the Agreement, the Lessor has the right to apply necessary measures.
- Lease Fee
5.1. The Lessor leases the Equipment agreed upon in the Agreement to the Lessee on the basis of the lease price list valid at the time of delivery of the Equipment.
5.2. The lease fee shall be paid on the basis of the relevant invoice (incl prepayment invoice) provided by the Lessor.
5.3. The lease fee and other payments to be paid under the Agreement shall be considered paid by the Lessee as of the moment when the payable amount has been received on the bank account of the Lessor or paid in cash at the moment of delivery of the Equipment.
5.4. If the Lessee delays the payment of any fee, the Lessee is obligated to pay the Lessor a late payment penalty in the amount of 0.5% of the overdue sum for each day of delay, also to compensate all losses not covered by the late payment penalty, including costs related to the use of legal assistance and collection services.
5.5. The Lessee is aware and accepts that in the event of a violation of the Agreement by the Lessee, the Lessor has the right to disclose the personal data of the Lessee (first and last name, personal identification code, place of residence, and if necessary, photo of the Lessee, copy of a document proving identity, the information about the failure to perform an obligation under the Agreement, including the amount of debt) to third parties (collection companies, legal advisers, law offices) for the purposes of debt collection, return of the leased Equipment and the assessment of creditworthiness of the Lessee.
- Sale of Services
6.1. If the Parties agree, the Lessor may provide the Lessee with the following services, among others, for a separate fee: transport, Equipment lubrication.
- Obligations of Parties
7.1. The Lessee shall be obligated:
7.1.1. to use the leased Equipment in a prudent manner and only for the intended purpose of the Equipment.
7.1.2. to follow all instructions and rules provided by the Lessor when using the Equipment, including the operational and safety rules, to ensure the introduction of these instructions and rules to their employees and to supervise the activities of the employees of the Lessee who directly use the Equipment. If any unclarity or questions arise, the Lessee is obligated to immediately contact the Lessor;
7.1.3. to follow all safety rules when using the Equipment, also to ensure strict compliance with all safety requirements at the address where the Equipment is used.
7.1.4. to not change, modify or repair the Equipment on their own initiative without the approval provided by the Lessor that is in a form that can be reproduced in writing.
7.1.5. to notify the Lessor immediately of any damage to the Equipment, partial or complete damage to its functions, or destruction or loss of the Equipment, and to take measures at its own expense to prevent any increase in damage.
7.1.6. to not put the Equipment in the possession or use of third parties without the relevant prior written approval of the Lessor. The persons sharing the premises of the Lessee or the employees who are permanently used by the Lessor in its economic and professional activities are not considered third parties.
7.1.7. to ensure the regular maintenance of the Equipment at its own expense, primarily to eliminate the shortcomings which can be removed by cleaning or repairs that form the part of the normal preservation of the Equipment.
7.1.8. to immediately notify the Lessor of any change in the delivery address where the Equipment is located. It is not permitted to move the Equipment outside of the territory of the Republic of Estonia without the separate relevant written approval provided by the Lessor.
7.1.9. to pay the agreed lease fee for the use of the Equipment in a timely manner and for the additional services provided or mediated by the Lessor.
7.1.10. to return the Equipment to the Lessor at the end of the Lease Period under the conditions and procedure specified in the Agreement.
7.2. The Lessor shall be obligated:
7.2.1. to ensure the delivery of the Equipment to the Lessee at the agreed time and place, as well as the conformance of the Equipment to the conditions agreed upon in the Agreement.
7.2.2. to perform repairs of the Equipment that are not covered by clause 7.1.7 of the General Conditions. If the need for repair of the Equipment arises from the improper use of the Equipment by the Lessee, the Lessor shall have the right to demand the reimbursement of all costs related to the repairs from the Lessee.
- Liability
8.1. The Parties shall be liable for all damages caused to the other Party due to the violation of the Agreement which are not covered by the paid late payment penalty or insurance benefits, unless otherwise provided by the Agreement and its annexes.
8.2. The Lessee shall be liable for the loss, destruction and damage of the Equipment during the Lease Period, except for defects that arise due to normal wear and tear of the Equipment. The Lessor shall not be liable for any risks arising from the operation of the Equipment, including damages that arise from incorrect instructions or that arise from outside a specific task that was agreed between the Parties.
8.3. If the Equipment is lost or destroyed, the damages caused to the Lessor shall include the purchase price of the same Equipment in a new unused condition, and in case of damage to the Equipment, the local average market price of the work necessary for the repair of the Equipment.
8.4. The Lessor shall not be liable for any damage caused by the Lessee to the Lessee or to a third party in the course of using the Equipment.
8.5. The liability of the Lessor in the event of a malfunction of the Equipment during the Lease Period is limited to the replacement of the Equipment, or, if not possible, the obligation to repair the Equipment within a reasonable time after the reception of the relevant notice and the return of the Equipment by the Lessee to the Lessor.
- Termination and Cancellation of Agreement
9.1. The Agreement shall terminate when the Equipment is returned, or when it is cancelled on the basis specified in the documents of the Agreement, including these General Conditions.
9.2. The Lessor has the right to cancel the Agreement on the extraordinary basis by notifying the Lessee thereof in a form that can be reproduced in writing at least 1 (one) calendar day in advance, if:
9.2.1. As a result of the action or omissions of the Lessee the condition of the Equipment deteriorates or there is a risk of the Equipment being lost, damaged or rendered unusable;
9.2.2. The Lessee gives the Equipment to be used by a third party without the relevant prior written approval of the Lessor;
9.2.3. The Lessee violates any other obligation arising from either the Agreement or law and does not eliminate the violation within a reasonable time despite the relevant written reminder provided by the Lessor.
9.3. The Lessee has the right to cancel the Agreement on an ordinary basis using the same principles as the right to return the Equipment.
- Additional Conditions
10.1. The notices between the Parties related to the Agreement shall be in a form that can be reproduced in writing, unless otherwise provided by the Agreement.
10.2. The conditions of the Agreement may be amended by the agreement between both Parties in a form that can be reproduced in writing.
10.3. The disputes between the Parties arising from the performance of the Agreement shall be resolved through negotiations. If no agreement is reached, the dispute shall be resolved in Harju County Court.
10.4. The provisions of the Lease Contract chapter of the Law of Obligations Act shall apply to the lease relationship.
