Pehmea OY Rental Terms Effective from 01.01.2022 By submitting an inquiry about renting a device, you automatically accept the Pehmea OY rental terms related to the service.
DEFINITIONS 1.1. Lessor – Pehmea OY;
1.2. Lessee – the person with whom the Lessor has entered into the Agreement;
1.3. Rental period – the time period from the Lessor’s delivery of the Device to the Lessee until the proper return of the Device by the Lessee;
1.4 Rental day – a single calendar day within the Rental Period;
1.5. Rental price – the fee payable to the Lessor for renting the Device, calculated based on one Rental Day;
1.6. Party – the Lessor or the Lessee;
1.7. Agreement – the device rental contract between the Parties (Device Handover Document), which specifies the rented Devices, the Rental Price, and other special terms;
1.8. Device – the ice cream machine rented under the Agreement, listed in the Agreement;
1.9. General Terms – the general terms for renting Devices presented on the Lessor’s website, which apply to all device rental agreements entered into by the Lessor, to the extent that the Parties have not agreed otherwise in another document related to the rental relationship;
1.10. Site – the location where the Device will be used.
GUARANTEES PROVIDED BY THE LESSEE 2.1. By entering into the Agreement, the Lessee provides the following guarantees to the Lessor:
2.1.1. The Lessee and any person acting on their behalf have all rights concerning the Devices to enter into the Agreement, and the Lessee is not aware of any circumstance that could prevent or make it impossible for the Lessee to properly fulfill all obligations arising from the Agreement;
2.1.2. The Lessee has familiarized themselves with, and the Lessor has adequately informed and guided them regarding, the following: the characteristics of the rented Devices, the Rental Price, technical condition, and the instructions and rules for using the Devices, including safety requirements; the Lessee has received comprehensive answers from the Lessor to all questions concerning the use and features of the Devices;
2.1.3. The Lessee possesses all skills necessary and required for the proper use of the Device;
2.1.4. The Lessee agrees that, in the event of a debt arising, information regarding the debt may be published in public payment default registers and disclosed to third parties.
CONCLUSION AND DURATION OF THE AGREEMENT 3.1. The Agreement is considered concluded from the moment it is signed and remains in effect for the entire Rental Period.
3.2. The rental relationship begins at the start of the Rental Period and ends when the Device has been properly returned to the Lessor.
3.3. A Rental Day is automatically considered to be one calendar day. The Rental Day begins in the morning of the start date of the Rental Period and ends in the evening of the same day, unless the Parties have agreed otherwise.
DELIVERY AND RETURN OF DEVICES 4.1. The Device is considered handed over to the Lessee for use upon signing the Agreement or any other relevant written document. The Device must be returned at the end of the Rental Period to the same location from which it was delivered to the Lessee. The Lessee may return the Device on the final day of the Rental Period at any time of their choosing, but no later than 9:00 PM on the last Rental Day. Delivery and return of the Devices in a manner different from that specified in the Agreement is only possible if agreed upon in advance by the Parties.
4.2. Upon receipt of the Devices or thereafter, the Lessee must immediately check the quantity, quality, and technical condition of the Devices and promptly notify the Lessor in writing via email or by text message/phone call of any deficiencies or complaints regarding the Devices. After the Rental Day has passed, the Devices are considered to correspond to the quantity specified in the Agreement, and the Lessee is deemed to have no complaints regarding the quality or technical condition of the Devices (except for any hidden defects that could not have been detected during a careful inspection at that time).
4.3. When returned, the Device must be in the same technical condition in which the Tenant received the Device, taking into account normal wear and tear. The Device must be returned with the outside cleaned. Washing or cleaning the internal parts of the Device by the Tenant is not permitted, but must be done by the Lessor with special cleaning agents reserved for the purpose. If the Device is not properly cleaned on the outside or packaged in accordance with the packaging instructions when returned, the Lessor has the right to demand a contractual penalty from the Tenant, which is 15% of the value of the Device.
4.4. The Equipment shall be deemed to have been returned to the Lessor by making a relevant written entry in the Agreement or on the basis of a separate Equipment return document signed by the representatives of the Parties. If the Equipment is returned in several installments, the Equipment shall be deemed to have been properly returned to the Lessor upon the return of the last Equipment to the Lessor. If the quantity, quality or technical condition of the Equipment does not comply with the terms of the Agreement upon return, the Lessor shall notify the Lessee in writing within five (5) working days of the return of the Equipment.
4.5. If the Lessor determines upon or after the return of the Device that the Device is unusable or the value of the Device has significantly decreased due to a factor for which the Lessee is responsible, the Lessor has the right, at its own discretion, to either refuse to accept the Device and demand compensation from the Lessee in an amount corresponding to the retail price of the new Device, or to accept the Device and demand compensation from the Lessee for all costs related to the repair of the Device.
4.6. The Device is considered lost if the Device has not been returned to the Lessor within two (2) calendar days of the end of the Rental Period and the Lessor has not been able to determine the location of the Device.
4.7. If the Lessee does not return the Equipment within the specified time limit upon the termination of the Agreement, the Lessor has the right to take measures, including self-help, to regain possession of the Equipment.
4.8. If the Lessee has not returned the Equipment within one (1) calendar day of the termination of the Agreement, the Lessor has the right to arrange for the Equipment to be transported back to the Lessor. In such case, the Lessee shall be fully responsible for the costs of searching for, transporting and cleaning the Equipment.
4.9. All notifications related to the delivery and receipt of the Equipment must be submitted to the other Party in writing.
RENTAL PRICE 5.1. The Rental Price is recorded in the Agreement concluded between the Lessor and the Tenant.
5.2. The rental price is paid in cash or by bank transfer to the account specified by the Lessor.
5.3. If the Tenant fails to pay the Rental Price by the due date, the Lessor has the right to take collection measures, including charging late payment interest and initiating legal collection measures.
5.4. Late payment interest is determined in accordance with Finnish law.
RESPONSIBILITIES 6.1. The Lessee is responsible for the use of the Equipment in accordance with the Agreement and ensures that the Equipment is used only for the purpose for which it is intended.
6.2. The Lessee is responsible for all damages and defects resulting from the use of the Equipment, excluding damages resulting from normal wear and tear.
6.3. The Lessee is responsible for all costs related to the maintenance and repair of the Equipment resulting from the Lessee's improper use, negligence or other similar reasons.
6.4. The Lessor is not liable for any damage or loss caused by the Lessee or third parties resulting from the use of the Equipment.
APPLICABLE LAW AND DISPUTE RESOLUTION 7.1. The Agreement is governed by Finnish law.
7.2. All disputes and disagreements arising from the Agreement shall primarily be resolved through negotiations between the Parties.
7.3. If the Parties cannot reach an agreement, the dispute will be resolved in the Helsinki District Court.
OTHER TERMS 8.1. The Lessor reserves the right to unilaterally amend these Lease Terms by notifying the Lessee in writing at least thirty (30) days before the amendment enters into force.
8.2. The Tenant undertakes to comply with these Rental Terms and all other obligations under the Agreement throughout the Rental Period.