In these rental terms, the parties are designated as the Lessee and the Lessor.

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1. Lessee's Obligations

1.1. The Lessee is responsible for planning and managing lifting/loading operations.

1.2. The Lessee is responsible for ensuring the accuracy and availability of the load weight and other relevant data for the lifting operations plan. The Lessee must ensure that the surface density and levelness at the lifting site, within the premises, and on the roads used are adequate. The Lessee must, before commencing work, remove or protect wires, cables, pipelines, or clearly mark/label their locations. The person in charge of the Lessee's operations is responsible for ensuring that the crane installation is inspected before starting lifting operations. If lifting operations require special rigging or the performance of auxiliary tasks, hiring signalmen and riggers, the Lessee is responsible for their engagement and the organization of their work, bearing the associated costs. The person in charge of the Lessee's operations is responsible for securing the load and the activity of the hired workforce, as well as for the condition of the rigging/accessories.

 

2. Compensation in Case of Cancellation

If the Lessee cancels the crane order without valid reasons, the Lessee is obliged to compensate the Lessor for the incurred damage.

 

3. Insurance of Goods and Works

Should the Lessee deem it necessary to insure the goods and the works being performed, it must arrange the missing insurance at its own expense.

 

4. Lessor's Obligations

4.1. The Lessor shall deliver the crane ordered by the Lessee to the site at the confirmed time, in a technically sound condition, having passed technical inspection, and with the documents to prove it.

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4.2. In case of a delay caused by the Lessor's fault, the Lessor must inform the Lessee's site manager about this and the reasons for it. If the Lessor fails to provide the relevant information, it must compensate for the damage incurred by the Lessee, but not more than what is stipulated for the cost of one hour of rental for the delay time.

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4.3. The crane operator must adhere to instructions and directives given by the person responsible for the Lessee's work. The crane operator must perform their duties competently and diligently, in accordance with safety regulations and the crane manufacturer's factory instructions.

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4.4. Unless otherwise agreed, the crane operator must observe working hours and rules set at the Lessee's site, possessing the required qualification and a certificate to prove it.

 

5. Liability for Damage

5.1. The Lessee's Liability for Damage: The Lessee is liable for damage caused by the failure or improper performance of the duties and actions listed in these terms if the Lessee cannot prove it acted correctly. For downtime of the crane due to damage caused by the Lessee, the Lessee must pay the agreed hourly rental fee, excluding operational expenses. Operational expenses include fuel and lubricants, as well as repair and maintenance costs.

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5.2. The Lessor's Liability for Damage: The Lessor is liable for direct personal/physical and material/property damage caused, if it is proven that the Lessor or a person hired by it failed to comply with the safety/precautionary requirements set for lifting operations or was not sufficiently diligent. The Lessor is not liable for losses and obstacles directly or indirectly inflicted on the Lessee due to damage, falling of the crane resulting in suspension/downtime in work, or similar malfunctions in operations.

 

6. Hourly Rental

The Lessee pays the Lessor an hourly rental fee for the work performed by the crane. The rent is charged for the time the crane is performing work specified by the Lessee, for the time it takes to move the crane on the Lessee's site or between different sites, for the time spent extending the crane's boom, dismantling, replacing lifting auxiliary mechanisms or tools for the task specified by the Lessee, and for the time when the crane cannot be regularly used during working hours due to work interruption or for other reasons, if the interruption is not caused by the Lessor. Time spent on maintenance and repair of the crane is not considered working time. Rent is paid for full hours, and partial hours are rounded to the nearest 15 minutes (15, 30, 45).

 

7. Crane Relocation

For relocating the crane to and from the Lessee's site within the city of Tallinn, hourly rent is charged. If the relocation is to a site outside Tallinn but within 20 km from the crane's location, the Lessee pays a relocation expense compensation fee for 1.5 hours. If the relocation is to a site more than 20 km away, the Lessee pays a rental fee for at least 2 hours, or compensation for mileage, or in each specific case, a separately agreed upon fee/compensation for relocation. If the relocation/delivery of the crane to the site requires the use of additional counterweights and support plates, their supply/delivery is paid for by the Lessee separately. If the crane or its parts are transported to the client's site and back by separate/different means of transport, the Lessee covers all the costs associated with this.

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8. Payment for Services

The Lessee is required to pay for the rental in accordance with the invoice issued by the Lessor within 10 calendar days from the invoice date, unless otherwise agreed upon at the time of order. In case of payment delay, the Lessee is obliged to pay a penalty of 0.2% of the overdue amount for each day of delay.

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9. Additional Terms

9.1. The crane operator has the right to refuse to carry out an assignment if, in their judgment, its execution could pose a clear threat of damage to themselves, the crane, the Lessee, or a third party.

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9.2. Upon the Lessor's request, the Lessee must provide a location and security at the work site or in its immediate vicinity for storing the rented crane during breaks in work.