General terms and conditions for rental of truck-mounted lifts 1.10.2021
1. Definition of lifting work and scope of application
These general terms and conditions for lifting work shall apply when an independent truck-mounted lift entrepreneur or company hands over a truck-mounted lift and driver to the customer to use in exchange for compensation, such that the work of the truck-mounted lift takes place under the supervision of the customer. (Although some of the references to regulations apply to construction work safety, these general terms and conditions shall be applied to the rental of truck-mounted lifts with a driver.) These terms and conditions shall also apply when the supplier rents out other mobile lifting equipment for the customer to use such that the work takes place under the supervision of the customer. These terms and conditions shall refer to the parties hereinafter as the Customer and Supplier.
2. Customer’s obligations
2.1 Work supervision and planning of lifting
The Supplier shall be responsible for the planning and supervision of the lifting. The supervisor of the lifting shall be appointed by the Customer or on behalf of the Customer by the Supplier. Demanding lifting must be planned by either the Customer, or jointly by the Customer and the Supplier, and be presented in advance in writing.
2.2 Working conditions
The Customer shall be responsible for ensuring that the ground is load-bearing and level and sufficient anti-slip measures have been taken at the lifting site, worksite and on the roads used. Prior to beginning the work or during the work, the Buyer shall remove or protect sufficiently beforehand wires, cables, pipelines and similar or clearly demarcate their locations, and report to the Supplier the above-mentioned measures in advance. The Customer shall be responsible for ensuring that unauthorised persons, vehicles, machines or equipment do not have access to or are not located in the crane’s work area.
2.3 Assembly inspection
The Customer’s worksite management is responsible for ensuring that a commissioning/assembly inspection is always carried out on the truck-mounted lift prior to starting the lifting work.
2.4 Auxiliary work and supplies
When the lifting requires supplies or auxiliary work such as signallers and slingers, the Customer shall be responsible for their procurement and costs. The Customer shall also be responsible for securing loads and for other measures carried out by the auxiliary workforce it has procured, and for the condition and compliance with regulations of the lifting accessories and supplies it has procured.
2.5 Compensation for cancellation of the order
If the Customer cancels the crane order in the absence of force majeure, the Customer shall be obligated to compensate any loss or damage arising from the cancellation. Unless there is proof to the contrary, the loss or damage shall be determined in accordance with section 4.1. Cancellation of the order on the previous day after 1 p.m. gives the Supplier the right to charge the Customer for two hours at the ordered unit’s hourly rate. If the order is cancelled the same day, the Supplier is entitled to charge the Customer for four hours or for a compensation that is the size of the duration of the order at the ordered unit’s hourly rate on the workday in question.
2.7 Flight obstacle permit
The Customer shall be responsible for applying for a flight obstacle permit and for its costs. (Aviation Act (ilmailulaki) section 159, 1242/05)
3. Supplier’s obligations
3.1 Driver’s competence
The driver of a truck-mounted lift shall have the statutory competence to safely use and inspect the equipment.
3.2 Compliance with instructions
The driver of the truck-mounted lift must comply with the instructions and guidelines given by the Customer’s worksite management in his or her work. The participation of the truck-mounted lift’s driver in tasks that are the Customer’s obligation shall not reduce the Customer’s liability; instead the driver of the truck-mounted lift acts on behalf of and under the responsibility of the Customer. The auxiliary work carried out by the driver of the truck-mounted lift shall always take place under the guidance and responsibility of the Customer. The driver of the truck-mounted lift shall carry out his or her work professionally and with care and in compliance with occupational health and safety regulations.
Based on the information supplied by the Customer, the Supplier shall deliver the truck-mounted lift approved by the Customer for the use of the Customer’s worksite management at the agreed date and time. The Supplier shall be liable for ensuring that the truck-mounted lift along with the equipment used for the work and the lifting accessories is in the appropriate condition for the work and that it meets the current road safety and occupational safety regulations.
3.4 Working hours
The driver of the truck-mounted lift shall arrive at the worksite at the time specified by the Customer, unless otherwise agreed, and shall follow the regular working hours in use at the Customer’s worksite in accordance with the Working Hours Act (työaikalaki, 872/2019).
4.1 Customer’s liability
The Customer shall be liable to the Supplier for loss or damage resulting from its obligations and actions listed in these terms and conditions or for failing to carry out such obligations and actions, unless the Customer can prove that it has acted beyond reproach. For the duration of an interruption to a crane damaged due to a reason attributable to the Customer, the Customer shall be liable to pay the agreed hourly rent minus the saved operational costs. Operational costs include fuel and lubricant costs and repair and maintenance costs.
4.2 Supplier’s liability
The Supplier shall be liable for any personal injuries or property damage incurred by it, if it can be shown that the negligence lies with the Supplier or a person in its service. The Supplier shall not be liable for indirect losses incurred due to damage (indirect losses as stipulated in the Sale of Goods Act (kauppalaki), section 67, 355/87). The Supplier shall not be liable for loss or damage and inconvenience incurred to the Customer indirectly or directly due to an interruption in the work or other corresponding disturbance in the performance of the work as a result of the truck-mounted lift’s breakage, falling or similar. The liability of the Supplier for the loss or damage incurred by the Customer shall be no more than two times the amount of compensation agreed on for the lifting work, however at the most seventeen thousand (17,000) euros.
4.3 Liability insurance
The Supplier shall have valid liability insurance, unless otherwise stated in the rental contract. If requested to do so, the Supplier shall be liable to demonstrate the quality and scope of the liability insurance.
5. Basis and terms of payment
5.1 Hourly rent
As compensation for the work performed by the truck-mounted lift during the working hours, the Customer shall pay to the Supplier hourly rent to which VAT is added.
The rent shall be paid for the period during which
- the truck-mounted lift performs the work indicated by the Customer,
- the truck-mounted lift is supported and prepared for driving,
- the truck-mounted lift is moved within the Customer’s worksite or between different worksites,
- the truck-mounted lift’s lifting accessories or tools are changed for the implementation of the task indicated by the Customer or
- the truck-mounted lift cannot be operated during regular working hours due to work interruptions, weather conditions or other reasons, if the work interruptions are not attributable to the Supplier.
Working hours do not include the truck-mounted lift’s maintenance and repair time. When the rental contract is continuous, the hourly compensation shall be paid for at least the total period of eight (8) hours that make up a work shift. The entire hourly rent is paid for each beginning hour.
5.2 Lifting accessories
The rent for the truck-mounted lift does not include the lifting accessories. Lifting accessories and compensation for their use must be agreed on on a case-by-case basis.
5.3 Auxiliary work and supplies
When moving the truck-mounted lift to the worksite, moving it at the worksite or its assembly requires the use of platforms, support pads or the like, the acquisition of these can be carried out by the Supplier, in which case the Customer pays a separate compensation for them to the Supplier (see section 2.5 of the terms and conditions).
5.4 Moving a truck-mounted lift
Either hourly rent, a per-kilometre compensation or a compensation separately agreed on in writing is always paid for the moving of the truck-mounted lift to the Customer’s worksite and back from the worksite.
- If the truck-mounted lift, its parts, equipment, platforms, support pads or lifting accessories are transported to the Customer’s worksite and away from it with a separate means of transport, the Customer shall pay for the costs resulting therefrom.
- If assistants or similar are required for assembling and dismantling the truck-mounted lift, the Customer shall pay the costs resulting therefrom.
- If the moving of the truck-mounted lift requires a special transport permit, the Customer shall pay for the permit and for the costs resulting from meeting the permit conditions.
5.5 Overtime and Sunday work
If compensation for overtime, Sunday work, a weekday public holiday or weekly rest period pay has not been agreed on in advance, the Customer shall pay the driver, for the duration of these, compensation for overtime, Sunday work, a weekday public holiday or weekly rest period pay calculated based on the collective agreement valid at any given time, including employer’s social security contributions.
5.6 Terms of payment
The Customer shall be liable to pay to the Supplier the payments on receipt of the presented invoice either based on a separate contract, or within 14 days of the date of the invoice. Unless otherwise agreed on the penalty interest, the Customer shall be liable to pay penalty interest in keeping with the Interest Act (korkolaki, 1982/633).
6. Special provisions concerning work
6.1 The right to refuse work
The driver of a truck-mounted lift is entitled to refuse a task that he or she judges to cause a risk of injury or damage to either him- or herself, the truck-mounted lift, the Customer or a third party.
6.2 Storing a truck-mounted lift
If required, the Customer shall indicate a place at the worksite or nearby where the truck-mounted lift can be stored for the duration of the work. The Customer shall not be liable for security.
6.3 Tasks in deviation of the contract
The use of a truck-mounted lift in deviation of the contract at other worksites or in materially different tasks must be agreed on separately.
7. Special provisions concerning the contract
7.1 Force majeure in fulfilling the contract
Force majeure is an event that is not attributable to the Customer or Supplier and that materially prevents, hinders or delays the fulfilling of the contract. Also a strike, embargo, work stoppage or other industrial action comparable to these shall be considered to be force majeure when applying this contract clause. A weather event is not force majeure as referred to here, insofar as it has been mentioned in section 5.1 of the terms and conditions. Each party is entitled to terminate the contract in the event of force majeure that causes unreasonable inconvenience to the party and is not caused by negligence on their part. Neither party is entitled to compensation for any loss or damage resulting from force majeure.
7.2 Settlement of disputes
Disputes concerning the legitimacy, interpretation and application of the contract concerning the renting of a truck-mounted lift, which the parties cannot agree on amongst themselves, shall be settled by the court of first instance of the Supplier’s domicile.
8. Work performed by the Supplier for the Customer
8.1 Planning of work and liability
If the Customer orders work performed independently by the Supplier, the Customer shall be obligated to supply the Supplier with all of the information concerning the performing of the work, along with instructions, in advance in writing. The provisions on the work performed independently by the Supplier for the Customer shall comply with section 3.2 of these terms and conditions. The liability for the work performed independently by the Supplier for the Customer shall comply with section 4.1 and 4.2 of these terms and conditions.
8.2 Customer’s liabilities (Building codes and YSE 1998 [General conditions for building contracts 1998]) for work performed by the Supplier for the Customer
The work performed independently by the Supplier for the Customer does not eliminate any of Customer’s liabilities that are in keeping with the terms of the building codes and YSE 1998, or the customer’s other liabilities related to the Customer’s operations when the Customer approves the planning and implementation offered by the Supplier.