This commercial contract is intended to govern the lessor's transfer, under a rental arrangement, of the machinery identified in the special terms and conditions. The lessor, as lawful owner of the assets that are the subject of this contract, grants their use and enjoyment in proper working order and with all accessories to the lessee, who receives them in full conformity and undertakes not to carry out any assignment, transfer or subrogation without the lessor's prior written consent. Any expenses arising as a result of breach of these undertakings shall be borne by the lessee.
The rental period begins on the date on which the lessor makes the equipment available to the lessee and ends on the date agreed for the return and delivery of the rented machinery. The agreed start and end dates of the contract may only be changed by express agreement between the parties. Nevertheless, the contract may be terminated unilaterally by either party as a consequence of breach of the obligations assigned to the other party in the Special Terms or in the General Terms. By mutual agreement, the parties may extend the term of the rental contract by setting a new date for return of the rented machinery. If the parties agree to extend the rental contract and do not set a new date for the return of the rented machinery, the term of the contract shall be determined in accordance with clause 2.2.
Where no return date is agreed for the rented machinery, the rental period shall be ONE (1) calendar day from the day on which the lessor delivers or makes the rented equipment available to the lessee. Once the period set out in the preceding paragraph has elapsed, the Contract shall be automatically extended for equal periods of ONE (1) calendar day and for a maximum term of 12 months, at which time the contract shall be automatically terminated without any further requirements, unless either party, with at least ONE (1) day's prior notice, informs the other party in writing and by any means that leaves proof of receipt by the addressee of its wish to terminate the contract.
From the moment they are made available, the machines and accessories cease to be under the responsibility of the lessor, and the lessee assumes all risks for their deterioration, total or partial loss, whatever the cause, including theft, as well as responsibility for all damages and losses, whether material or bodily, that may be caused by such machinery, or with such machinery and its accessories, to third parties, persons or property, during the term of the contract, since the rented assets are not under the lessor's control. The lessee may not make any claim or discount, except in the event of failure by the lessor to comply with its obligations. Once the lessee has communicated its wish to end the rental, and until the machines are actually collected by the lessor or any of its authorised agents, the lessee shall be responsible for maintaining proper custody and supervision of them, and the lessor may claim from the lessee any damage caused to the rented assets until their collection.
The rental price and form of payment, established by mutual agreement by the parties and set out in the special terms and conditions of the contract, are freely accepted by the parties and constitute an indivisible and unalterable commitment. The financial conditions are agreed for maximum use of eight hours per working day. If the contractually established eight hours of use are exceeded, the lessee shall pay a proportional price supplement for the additional hours incurred, and the lessor may monitor the duration of the working day in the manner it deems appropriate. For working days exceeding eight hours, notice must be given to the lessor in order to plan the conservation and maintenance of the machine. The costs of transport, loading and unloading of the equipment at the beginning and at the end of the contract, as well as the agreed insurance, VAT and any other national, regional or local taxes corresponding to all the items listed, shall always be borne by the lessee and invoiced as separate items. The price shall increase annually, on 1 January, regardless of the rental contracting date, by the CPI of the preceding year, without the need for prior notice, unless otherwise agreed between the parties.
Transport of the rented equipment, as well as loading and unloading costs, shall always be borne by the lessee, except as provided in clause 8.1 for technical breakdowns, and the lessor may provide these services if requested by the lessee. Where the lessee is responsible for transporting the rented machinery, such transport shall be carried out under the lessee's sole responsibility. The machinery covered by the contract shall be delivered by the lessor to the lessee at the place agreed by the parties and indicated in the special terms and conditions, and may not be moved from the stipulated place. In all cases, its removal from national territory is prohibited without the lessor's prior written authorisation, and all expenses arising for that reason shall be borne at the lessee's risk and expense. At the end of the rental, the machine, equipment and accessories shall be returned to the lessor in the agreed manner, in the same condition in which they were delivered, except for normal wear caused by use.
Throughout the term of the contract, while maintaining all other agreed terms, the lessor reserves the right to replace the rented machines with others of similar characteristics and sufficient capacity to perform the agreed work, with the expenses generated by such replacement being borne by the lessor. If the replacement is requested by the lessee, the expenses arising from the change shall be borne by the lessee.
The rented machines, equipment and accessories shall be used solely and exclusively for the purposes for which they have been contracted and at the indicated location, in full compliance with the general health and safety rules in force, and their removal from national territory is prohibited.
Any use that is not consistent with the use and characteristics of the rented equipment is prohibited, with the latter meaning the purposes for which the machine was designed within its own limitations. Any use that is not consistent with the use and characteristics of the rented equipment or that causes unacceptable damage to the rented equipment and/or implements shall entitle the lessor to terminate the rental contract, pass on the damage suffered and require the return of the equipment, which shall be carried out immediately upon receipt of the lessor's request.
The lessee shall employ personnel who are duly instructed and hold the necessary licences to operate the machines, who know the operations relating to their operation, maintenance and safety, as well as the manufacturer's instruction manual, which the customer acknowledges having received and understood, together with the lessor's recommendations. The lessee undertakes not to use persons under the influence of alcoholic beverages or narcotic substances.
The lessee shall be obliged, on a daily basis, to check and adjust the levels and other fluids of the machines and their accessories, checking and maintaining the necessary and appropriate elements in accordance with the manufacturer's and the lessor's instructions, including the recommended air pressure for tyres, if applicable. For the purposes set out in the preceding paragraph, the lessee shall use the elements supplied or recommended by the lessor in order to avoid mixtures and risks of confusion. The time spent on such checks shall not give rise to any discount on the rental price. The use of unsuitable or legally unauthorised fuels is strictly prohibited. Damage, breakdowns and penalties arising from improper use of such fuels shall be borne by the lessee. The use of any fuel other than Diesel A shall generate, upon return, the costs of cleaning the tank and circuit. If, for reasons attributable to the lessee during use of the machine, the lessor is penalised, the lessor reserves the right to pass such financial penalty on to the lessee, and the lessee shall have no grounds for exemption from liability. Likewise, the lessor reserves the right to decide unilaterally the method of payment of the penalty. This regime shall extend to any other tax infringements deriving from the same matter. The consequences arising from the lessee's failure to observe the limitations and prohibitions on use established in the applicable regulations shall be directly passed on to the lessee, with no grounds for exemption from liability. The lessee shall bear all breakdowns caused by negligent use of the machinery, implements and batteries, including chargers and cables. Failure by the lessee to carry out the correct charging procedure and maintenance of battery fluids in accordance with the manufacturer's manual and/or the lessor's specific instructions may result in charges to the lessee for the costs associated with their repair and/or replacement.
All expenses incurred on the rented machinery as a result of punctures or tyre breakage shall be borne by the lessee.
Except for the inspections and maintenance operations mentioned above, the lessee may not replace or modify, in whole or in part, the rented equipment or any of its components without the lessor's prior written authorisation.
The lessee must notify the lessor in writing, within twenty-four (24) hours of occurrence, of any breakdown or incorrect operation of the rented equipment, and must immediately stop using the machine if a risk involving danger to the health and safety of the persons in charge of the machine or within its operating area is foreseeable, possible or likely. The lessor shall not accept any claim for loss of profit, loss of earnings, stoppage and/or business interruption under any circumstances. In the event of smell, smoke, overheating, sparks, swelling or charging failure, the lessee shall immediately stop using the equipment and shall immediately notify the lessor in writing.
The lessee shall allow personnel authorised by the lessor, at all times, to carry out as many inspection or control visits as may be necessary. If the lessee's unjustified refusal could give rise to a danger to the safety of persons or property, such contractual breach would give rise to early termination of the contract.
As security for compliance with the obligations assumed by the lessee under this contract, the parties may agree on the provision of a deposit or guarantee. If so agreed, the deposit or guarantee shall be calculated according to the value of the rented equipment and all expenses involved in the operation, without exception, including assembly and disassembly, if applicable, insurance, risks, liabilities and others, extending to the unpaid rental itself, as well as those deriving from a calculation of the repercussions that non-payment of the rental, interest and risks of all kinds could produce. This deposit shall be returned when all rentals and any other items established in the contract have been paid, or shall be settled with the final balance of the established debt, and provided that the lessor confirms that the lessee has returned the machine and its accessories in the agreed condition and that there are no outstanding obligations. The lessee pays the lessor the amount stated in the special terms and conditions as security for faithful performance of the obligations assumed. The deposit may not be applied to payment of any rent, nor shall it constitute any waiver for the lessee of full compliance with its obligations.
If the lessor considers it appropriate, and in any event where there is a legal obligation to do so, the lessor shall charge the lessee, as toxic waste treatment, a waste fee per machine and contract.
During the term of the Contract, the supply of fuel and verification of its level shall be the responsibility of the Lessee, as activities inherent to control and operation of the machines. GAM offers, at the lessee's prior request, a Fuel Refuelling Management service, under the terms indicated by the fuel suppliers with which GAM habitually works, who may provide fuel supply for the Machinery. These third-party companies shall be responsible for providing fuel and its delivery, in accordance with the information supplied by the Lessee regarding its use. The fuel suppliers have no relationship with GAM in matters linked to circulation of the product and the determination of the lessee as end user of subsidised diesel. If the fuel refuelling intermediation service is chosen, GAM shall outsource provision of the service to fuel and carburant distribution companies with which it habitually works.
This contract concerns the rental of machinery. Therefore, if it is an integral service, and in relation to equipment that may be considered electricity factories under Excise Tax regulations, the Lessor shall be considered the manufacturer for all purposes and, for this reason, shall be obliged to pass on the legally applicable Electricity Tax. Conversely, if the service is not an integral rental, the Lessee shall be considered the manufacturer for all purposes and, for this reason, shall be obliged to register and comply with the administrative and tax obligations associated with electricity production.
The lessor undertakes to repair, as quickly as possible, the breakdowns notified in due time and form by the lessee, in accordance with these general terms and conditions, that occur as an immediate consequence of wear from normal use of the rented equipment.
In relation to such repairs, while they last less than twenty-four hours, they shall be deemed normal maintenance of the machinery, with no right to any deduction from the rental price.
If, in the lessor's opinion, such operation could exceed that period from the time of notice of the breakdown, or if it is not advisable to carry it out, the lessor shall replace the faulty equipment, insofar as possible, with another of the same capacity and general specifications.
The temporary impossibility of replacing, due to a technical breakdown and not misuse, any of the rented elements shall not by itself give rise to termination of the contract. In that case, and at the lessor's choice, the lessor shall either (i) proportionally reduce the rent for the time taken during replacement of the faulty element or (ii) deliver analogous replacement equipment to the lessee, with the transport cost of collection and delivery being borne by the lessor.
The cost of breakdowns due to misuse shall be invoiced separately to the lessee, after sending an accepted quotation, and shall not give the lessee any right to a replacement machine.
The carriage costs for collection of equipment damaged by misuse and subsequent delivery of repaired equipment or replacement equipment, if repair or replacement has been agreed, shall be borne by the lessee.
For these purposes, any breach of the rules for charging/use/maintenance of batteries, including chargers and cables, shall constitute misuse, with the repair or replacement and resulting damage being passed on to the lessee.
All lubricants, oils, greases, acid and electrolyte necessary for maintenance shall be borne by the lessor.
The lessee is responsible for use of the rented equipment and for all damage suffered by it, as well as by its implements and batteries, including cables.
A) Own-damage insurance for machinery: GAM has taken out a policy with an insurance company that covers EXCLUSIVELY own damage to machines of external origin, recorded unexpectedly, suddenly and accidentally, as a consequence of: fire and its extinguishing; direct lightning strike; external explosion unrelated to operation of the machine; ground collapse or landslide; events arising from nature; catastrophic risks covered by the Insurance Compensation Consortium; vandalism; impacts; overturning; theft.
Under no circumstances shall there be coverage for claims recorded as a result of larceny, loss or misplacement of the machine or any of its parts, or for inexcusable negligence, gross fault or misuse by the customer's operator, these circumstances being verified and analysed by the expert in the corresponding expert report.
Claims recorded during transport, loading and unloading carried out by the lessee shall be the customer's direct responsibility.
The same exclusions and inclusions indicated in the policy shall apply to coverage of each recorded claim.
Improper use or maintenance and/or use or maintenance not in accordance with the technical standards of the builders, manufacturers or suppliers of the insured goods eliminates the insurer's coverage.
Any claim recorded for a cause not indicated above shall be the lessee's direct responsibility, and the lessee shall pay the lessor the amount corresponding to repair or replacement of the damaged machine.
B) Road traffic insurance: Registered machines that meet the weight and speed parameters and are authorised to travel on public roads, pursuant to Law 5/2025, have the Mandatory Road Traffic Insurance, which covers damage caused to third parties due to events arising from road traffic.
Events arising from road traffic means risks deriving from motor vehicles in the following spaces: (a) garages and car parks; (b) public or private roads or land SUITABLE for traffic, both urban and interurban; (c) roads or land which, although not suitable for traffic, are of common use.
Events arising from performance of industrial or agricultural tasks by motor vehicles specifically intended for that purpose are EXCLUDED from the concept of road traffic event.
Use of industrial vehicles in the performance of the activity for which they are intended is not a road traffic event unless they travel on the roads indicated above in points (a), (b) and (c).
If the rented machine is to be used to work at airports, this fact must be communicated to GAM so that, where applicable, the additional airport cover may be taken out.
Access by the rented equipment on board a ship or vessel is prohibited. The lessee expressly releases the lessor from any damage when operating the rented equipment inside or on a vessel.
Platforms are prohibited from circulating in public road areas, as they are not vehicles intended for that purpose, and must be transported to the work site and returned by suitable means.
For work with platforms within an urban area or common-use areas, it shall be an essential requirement to hold the permits issued by the competent authorities for that purpose.
C) Civil Liability Insurance: GAM has taken out a Civil Liability policy to cover EXCLUSIVELY third-party claims deriving from damage caused by FAILURE or ERROR of the rented machine, understood as defective parts and electrical or mechanical anomalies, WITHOUT a GAM operator, once analysed by the relevant expert and an expert report has been issued attesting to this, and always within the limits and conditions of the policy.
This same policy, within its terms and conditions and excluding wilful misconduct in all cases, shall cover third-party claims deriving from damage caused by the GAM machine when it is rented and operated WITH a GAM operator.
The lessor's obligation to insure the registered vehicle suitable and authorised for circulation does not exempt the lessee from taking out a civil liability policy covering its own business activity.
Since machinery and vehicles are usually rented "bare" (without a GAM operator) and are operated by the lessee's personnel, the lessee is obliged to insure the Civil Liability deriving from their use and from its own activity, and to comply with the legal regulations established by the Ministries of Industry and Labour or equivalent bodies, as well as the safety, prevention and licence measures that may be necessary.
The lessee therefore undertakes to take out, at its own expense and cost, the appropriate insurance for:
A) Damage to the machine for its actual value and to its accessories and complements for the risks not covered by the policy taken out by GAM, as indicated above.
B) Risks and liabilities to third parties, whether property or persons, deriving from its industrial activity during the term of the contract, in accordance with these General Terms and Conditions.
In the event of a claim covered by the indicated conditions, the lessee must pay GAM:
- Machines with a unit purchase value exceeding 6,000 euros: 10% of the claim amount, with a minimum of 6,000 euros. If the claim costs less than 6,000 euros, the lessee shall pay the cost of the claim.
- Machines with a unit purchase value below 6,000 euros: the repair or replacement value of the machine.
- Damage caused to ships from dry land shall have a deductible of 12,000 euros.
In works where GAM acts as subcontractor and rents machinery with a GAM operator, the lessee must inform the lessor of the mandatory All-Risk Construction and Erection insurance policies in place so that GAM may be included as an additional insured and with an express waiver of recourse against GAM by that insurer, the lessee being responsible for the consequences arising from such omission.
In the event of own-damage or third-party damage claim, the lessee undertakes to: take all possible measures to protect the interests of the lessor and its insurance company and, in short, not to aggravate the risk under any circumstances; inform the lessor within 48 hours following occurrence of the claim by fax, email or registered letter, indicating as much information as possible regarding the incident; in the event of theft or vandalism, file a report within 24 hours following occurrence of the claim, stating the circumstances, date, time and place of the incident, as well as full identification of the equipment; send GAM, within the following three days, all originals of the documents established, including copies of reports, etc. Rent shall be charged until the date on which the claim is communicated. The equipment shall never be abandoned outside working hours without protection against theft, such as keeping it in a covered and locked place, chained, removing the drawbars from towable machines and keeping the keys and official papers separately from them, etc. Any failure in this regard shall result in loss of the waiver-of-claim guarantee.
The contract shall be terminated in the following cases: (a) upon expiry of the Contract term under the terms established in clause 2; (b) by mutual agreement of the parties; (c) due to breach of the lessee's payment obligations and other provisions of this contract, in which case this document serves as the lessee's express authorisation for the lessor to proceed to collect the rented machinery and accessories, wherever such equipment may be located. In all cases, the lessee shall be obliged to pay the full rental price due and unpaid, with the corresponding default interest. Likewise, the expenses incurred by the lessor in collecting the machine and its accessories shall be borne by the lessee.
This Contract shall be governed by and interpreted in accordance with Spanish law.
With express waiver of any other jurisdiction that may correspond to the parties, all disputes arising in relation to this contract shall be submitted to the Courts of Madrid.
The lessee declares that it has read, knows and understands the content and ethical values established in the lessor's Code of Conduct and Anti-Corruption Policy published on the website (https://gamrentals.com/la-compania/nuestro-compromiso). The lessee undertakes not to carry out any practice that in any way results or may result in a breach of applicable laws or regulations on corruption, as well as of the provisions of the lessor's Code of Conduct and Anti-Corruption Policy. Pursuant to Regulation (EU) 2016/679, the lessee may exercise its A.R.C.O.P.O.L. rights (Access, Rectification, Cancellation, Objection, Portability, Erasure and Restriction) by sending an email to gamrentals@gamrentals.com. The contact details of GAM's DPO are: protecciondedatos@gamrentals.com. The legal basis for processing is set out at https://gamrentals.com/es/politica-de-privacidad.
The machines may be equipped with a location and telemetry system whose sole purpose is to optimise equipment logistics and operation, as well as to enable possible location in the event of larceny/theft/misappropriation.
