GRC Ijinus, version updated on 9 January 2025
1. OBJECT.
These general rental conditions determine the rights and obligations of the parties in the context of the rental of equipment or software offered by Ijinus (hereinafter referred to as the “Renter”) and the client (hereinafter referred to as the “Hirer”). They constitute the legal basis of the contracts, unless otherwise specified in writing and accepted by the renter.
2. GENERAL PROVISIONS.
These terms and conditions apply without exception or reservation to any contract for the hire of equipment and accessories as described in the quotation sent to the Hirer by the Renter. They are irrevocably accepted by the Hirer after return of the quotation or the issue of an order referring to the Renter’s quotation, and prevail over any other document provided by the Hirer.
3. PLACE OF USE OF THE RENTED EQUIPMENT.
The equipment is exclusively used on the site indicated or in a limited geographical area. Except with the written agreement of the Renter, it is only authorised to use the equipment in Metropolitan France (excluding Corsica and Dom Tom), Germany, Benelux, Spain, Italy, Great Britain and Switzerland. Any use outside the site or the area indicated without the explicit and prior agreement of the Renter may justify the cancellation of the rental with the payment of a fixed indemnity provided for in article 12.
4. PROVISION OF EQUIPMENT AND SOFTWARE.
4.1. Rental of equipment.
The lending and subletting of equipment is strictly prohibited. The Hirer undertakes to install and use the equipment in accordance with its intended purpose and the regulations in force. The Hirer shall refrain from any modification, fitting out or transformation of the equipment. The Hirer certifies that it is authorised to use the equipment, which it undertakes to use itself or through its duly qualified, trained and authorised personnel. All equipment, its accessories and everything that allows for normal use, are deemed to comply with the regulations in force and delivered to the Hirer in good working order. They are accompanied by the technical documentation necessary for their use and maintenance. The equipment delivered or made available must be the subject of a delivery note or a rental contract duly signed by both parties. At the request of either party, a joint inventory shall be drawn up at the time of departure or commissioning. In the absence of a contradictory statement, the rented equipment is deemed to be in perfect condition for rental in the absence of written reservations within twenty-four (24) hours of its availability.
4.2. Rental of the software.
Lending and subletting the software is strictly prohibited. Each rented software confers on the Hirer an exclusive, non-assignable and nontransferable personal right of use. The Hirer may not under any circumstances decompile or disassemble any part of the rented software. With regard to the protection and security of the rented software, the Hirer undertakes to respect the confidentiality of any rented software as well as any full or partial copy, and not to disclose them to any third party.
5. CONDITIONS OF USE.
The rental is presumed to be for so-called “normal” use of the equipment and software corresponding to that recommended by the technical documentation. Any other use must be signed by the Hirer. The Hirer shall be liable for any damage resulting from use not in accordance with his declaration. Any use that does not comply with the Hirer’s prior declaration or with the normal use of the rented equipment or software gives the Renter the right to terminate the rental agreement and to demand the return of the equipment or software in accordance with the provisions of article 12.
6. RENTAL PERIOD.
The rental period is determined and fixed by the parties and indicated in the order acknowledgement or delivery note. The rental period shall commence at the time the equipment or software is made available to the Hirer. The end of the rental period shall be determined as follows and in accordance with the conditions set out in article 9:
– Either by a return organised by the Hirer, on the date of receipt of the equipment in the Renter’s premises;
– Or by a return organised by the Renter on the date of collection of the equipment agreed between the parties at the Hirer’s premises.
7. ACCESS TO INTERNET SERVICES WHEN RENTING THE SOFTWARE “IJITRACK”.
7.1. Conditions of access to the platform.
Access to the service is possible 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of the Renter, subject to any maintenance interventions necessary for the proper functioning of the service and the equipment. The Renter may have to interrupt the service for maintenance reasons, without any right to compensation. The Hirer acknowledges having all the information on the technical conditions of use as well as on the protocols of access to the service. The Renter reserves the right to make, at any time, any changes that may be motivated by technical reasons. The Renter reserves the right to make, at any time, any changes that could be motivated by technical reasons. The Renter cannot be held responsible for any misinterpretation or misuse of the data provided. Concerning the provision of access to the server, the Renter reserves the right to ratify the price of his subscription, at any time, with a notice of one (1) month.
7.2. Use of codes and identifiers.
The rights of access and use of the Renter’s Internet services are personal, confidential and non-transferable. As such, the use is exclusive to the owner and/or his employees, without possibility of being transferred to third parties for free or for a fee. The Hirer is solely responsible for safeguarding confidentiality and for the use of his access code to the server. The Hirer undertakes to keep secret the elements constituting his identification and not to divulge them, in any form whatsoever. The Hirer shall assume full and complete responsibility for any failure to comply with this obligation and shall in particular bear any financial consequences. In case of loss or theft of one of the identification elements of the Hirer, the Hirer must inform the Renter as soon as possible who will cancel it immediately.
7.3. Deletion and archiving of data on the platform.
The Renter will permanently delete all the data from the sensors and the sensors after five (5) years of inactivity as well as the inactive associated accounts (inactive accounts do not include active sensors over the last five (5) years). After two (2) years without any sensor data being uploaded to the platform, the data associated with these sensors and the sensors themselves will be archived. Any request to reinstate sensors and data between two (2) and five (5) years of existence associated with the Tenant’s inactive account must be made in writing by the Tenant. This request will be the subject of a quotation for the service, which will be submitted to the Tenant for validation.
8. MAINTENANCE OF THE EQUIPMENT.
The Hirer is obliged to protect the equipment against any damage and to regularly carry out all routine maintenance and cleaning operations under his responsibility. Any repair costs resulting from a lack of maintenance shall be borne by the Hirer.
9. RETURN OF THE EQUIPMENT.
At the end of the rental contract, which may be extended by mutual agreement, the Hirer is required to return the equipment in good condition. Failing this, the Hirer will be invoiced for the repair services. The Hirer shall use the packaging provided by the Renter and shall take care to properly package the rented equipment in order to avoid any deterioration during transport. For the safety of any person involved in the handling, the Hirer shall ensure that the equipment he returns is cleaned and free of any biological, chemical or ionising pollution. The return of the equipment is carried out in the following two cases:
– By the Hirer: the Hirer shall choose the most suitable mode of transport;
– By the Renter: the collection is organised on request of the Hirer who will indicate the address and the date of availability of the equipment so that the Renter can give instructions to the carrier. The costs of collection will be invoiced to the Hirer.
Three (3) days before the end of the initial rental period, the Hirer must inform the sales department whether or not to extend the rental period. The Renter reserves the right to re-invoice the rental in case of failure to comply with this obligation. On return, a return slip specifying the date of return and the apparent condition of the rented equipment is drawn up, subject to any damage that is not apparent or not reported. Only the observations made by the Renter on this voucher shall be deemed authentic. The Renter reserves a period of five (5) working days after the return of the equipment to notify any damage to the equipment that is not apparent or not reported by the Hirer on return.
10. PRICE OF THE RENTAL.
The applicable prices are those in force on the day the order is placed, based on the rates communicated to the Hirer. Unless otherwise specified, the prices are exclusive of taxes, customs duties, transport, insurance, commissioning, testing and delivery. If the Hirer cancels his order less than seven (7) days before the start of the rental period, he shall be liable for a sum equivalent to one week’s rental. In the event of non-return of the equipment, whatever the cause, the equipment will be invoiced at the replacement price (replacement value according to the current tariff), in addition to the rental.
11. PAYMENT CONDITIONS.
11.1. Payment delays
– In accordance with Article L.441-10 of the French Commercial Code, the period agreed between the parties to pay the sums due may not exceed thirty (30) days net from the date of receipt of the goods or performance of the service requested. The execution deadlines and conditions included in an order are only accepted by the Renter and are only binding under the
condition that the Hirer complies with the payment conditions and the payment of deposits. No discount is granted for early payment.
11.2. Delayed payment
– In accordance with Article L441-10 of the French Commercial Code, any sum not paid on the due date shall give rise to the application of late payment interest applied by the European Central Bank, at its refinancing operation on the first day of the half-year, plus ten (10) percentage points. The late payment interest is payable without the need for a reminder. In the event of late payment, the fixed compensation for collection costs is set at forty (40) euros. This interest on arrears and compensation for collection costs shall be payable by operation of law and shall be debited from the customer’s account, without invoicing.
12. TERMINATION.
In case of failure to pay the totality of the price on the due date (art.11), of use of the equipment outside the area indicated (art.3) or, and without limitation, of use not in conformity with the prior declaration of the equipment by the Hirer (art.5), the Renter will send the Hirer a formal notice by registered letter with acknowledgement of receipt. If the Renter fails to fulfil its obligation within one (1) month from the sending of the formal notice, the contract shall be terminated by operation of law. The Renter may then request the return of the products. In this case, the return shall be at the expense and risk of the defaulting Hirer. Concerning the fixed compensation referred to in article 3, this is fixed in the contractual documents attached.
13. INSURANCE.
Insurance at the rate of six (6) % of the total amount (excluding transport costs) will be applied to each rental. This insurance covers damage during the outward journey. It does not cover loss, theft, vandalism or physical damage to the equipment due to non-standard use. In the event of vandalism or damage, the After Sales Service technician will draw up an estimate for the repair or replacement of the product. In the event of loss or theft, the hirer must reimburse the equipment on the basis of a new product so that it can be hired again.
The risks not covered by the Renter under this insurance are the responsibility of the Hirer. The Renter reserves the right to ask the Hirer to produce the documents justifying the coverage of the rented equipment at replacement value.
14. RESERVE OF OWNERSHIP CLAUSE.
All rented equipment and software remains the property of the Renter. The Hirer is deemed to have expressly accepted this retention of title clause in accordance with the provisions of articles 2367 and following of the Civil Code. By express agreement, the Renter may at any time exercise its rights under this retention of title clause on all its products in the possession of the Hirer.
15. DELAY OF AVAILABILITY OR DELIVERY.
The Renter cannot be held responsible for any delays in the availability or delivery of the rented equipment, due to any reason beyond his control (bad weather, changes in regulations, delay of carriers…).
16. LIABILITIES.
The Hirer acknowledges that the Renter shall in no case be held responsible for any prejudice, material or immaterial, direct or indirect such as loss of turnover, loss of data or erroneous study results. The Renter shall not be held responsible in case of force majeure or facts beyond his control, in particular in the case of interruption of the Internet access networks, failure of the reception equipment caused during transport, or possible loss of data via the Internet access service. The Renter shall not be liable for any use of the products and services that do not comply with this contract. The Renter shall not be responsible for the reliability of data transmission, access times, possible access restrictions on networks and/or servers connected to the Internet. The Hirer is responsible for the use of the Internet access service and any other interconnected service.
17. INTELLECTUAL PROPERTY.
The brands, products, software, estimates, studies, plans or more generally any information subject to intellectual property rights transmitted to the Hirer are and remain the exclusive property of the Renter. No transfer of intellectual property rights is made through these general conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden, or only after written authorisation and according to the conditions set by the Renter.
18. PROTECTION OF PERSONAL DATA.
The Renter is responsible for the processing of the Hirer’s personal data. In general, the information provided by the Hirer, with the exception of the password, is intended for the authorised personnel of the Renter. The data is used to manage the access to the customer account, the use of the platform and also for the processing and the follow-up of the orders, the after-sales service of the ordered products, the marketing management and the customer relationship. By adhering to these general conditions, the Hirer consents to the collection and use of this data by the Renter for the performance of this contract. In accordance with the French Data Protection Act, as amended, the Hirer has the right to access, oppose and rectify the Hirer’s personal data. To know the opposition procedures as well as the new confidentiality policy of the Renter, the Hirer just has to go to the link accessible on the
Hirer’s website or to contact the Renter directly.
19. CONFIDENTIALITY.
Each party undertakes to respect the confidentiality of the information exchanged under this contract. Each party (hereinafter the “Receiving Party”) thus undertakes not to communicate confidential information, as defined in this article, whether complete or partial, provided by the other party (hereinafter the “Sending Party”) within the framework of this contractual relationship, without having received prior express authorisation from the Sending Party. In part, the confidential information referred to is of an economic, financial, statistical and commercial nature, including technical and numerical data, including tariffs, formulas, analyses, diagrams, manufacturing secrets, ideas, methods, know-how and software.
20. FORCE MAJEURE.
Neither party shall be held liable to the other for the non-performance or delays in the performance of an obligation under this contract which would be due to the act of the other party following the occurrence of a case of force majeure usually recognised by French jurisprudence. The case of force majeure suspends the obligations arising from the present contract for the entire duration of its existence. However, if the case of force majeure lasts for more than thirty (30) consecutive days, it shall entitle either party to terminate the present contract by right eight days after sending a registered letter with acknowledgement of receipt notifying this decision.
21. WARRANTY.
21.1. Payment of a guarantee.
As security for the obligations undertaken by the Hirer under the contract, the Hirer shall, at the time of entering into the contract, deposit a guarantee payment with the Renter, unless otherwise stipulated in the contract. The amount of the deposit shall be indicated in the other contractual documents. The reimbursement of the deposit will take place in the month following the total payment of the rental and any other invoices resulting from it and after the equipment has been returned to the Renter in good condition in accordance with article 9. In case of failure to return the rented equipment in good condition, or failure to pay the rental price, the payment of the guarantee will be offset against the compensation due to the Renter without prejudice to the Renter’s right to obtain the full amount due to him.
21.2. Warranty of the Renter.
In the event of a breakdown due to a defect in the equipment rented during the rental period and not due to misuse of the equipment by the Hirer, the Renter undertakes to replace the defective equipment free of charge and as soon as possible by similar equipment.
22. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT(WEEE).
As part of its environmental policy, the Renter is interested in all ecological issues including the collection, recycling and depollution of its used electrical appliances.
In accordance with the European Directive 2012/19/EU of 4 July 2012 on waste electrical and electronic equipment (WEEE), and as part of the extended producer responsibility, the Renter, as a producer of Electrical and Electronic Equipment, fulfils its obligations related to the collection and treatment of its products at the end of their life by joining Eco- Systèmes Recylum (ESR), an ecoorganisation approved by the public authorities. In accordance with Article L.541-10-13 of the Environmental Code, ADEME has assigned the unique identifier “FR022994_05YT8V” attesting to the Renter’s registration in the register of producers of the EEE sector. This identifier attests to the Renter’s compliance with its obligation to register with the producers’ register and to make its declarations of placing on the market with Ecosystem.
23. INVALIDITY AND MODIFICATION OF THE CONTRACT.
If one of the provisions of this contract should be null and void, this shall not entail the nullity of the other provisions in force. Furthermore, even under foreign law, as the place of performance of the contract, the nullity of one provision shall not affect the validity of the other provisions. Amendments to the contract shall only be valid if agreed in writing and signed by the parties.
24. DISPUTES AND APPLICABLE LAW.
By express agreement between the parties and notwithstanding any stipulation to the contrary that may appear on the Hirer’s commercial documents, the parties expressly agree to seek an amicable arrangement to put an end to their dispute, in particular by recourse to a conventional mediation procedure or any other alternative method of dispute resolution. In the event of persistent disagreement, the courts of Quimper shall have sole jurisdiction in the event of any dispute of any nature or any dispute relating to the conclusion or performance of the contract. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants. The law applicable to this contract is French law. The illegality or invalidity of one or more clauses of these general terms and conditions of sale with regard to the legislation of a foreign country, the place of execution of the contract, shall not affect the validity of the other provisions.