General Business and Service Terms for Rental
1. INTRODUCTORY PROVISIONS
1.1. STATECH s.r.o., identification no. 274 02 975, with its registered office at Počapelská 346, 277 01 Dolní Beřkovice, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 111021 (hereinafter STATECH), issues in accordance with Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended, these General Business and Service Terms for Rental (hereinafter GTC).
1.2. When leasing the relevant subject of lease the legal relationships between STATECH and legal or natural persons (hereinafter Lessee) are governed by the Contract and these GTC, if not further specified otherwise.
1.3. These GTC become part of each Contract and determine part of its content, unless otherwise provided in the Contract. Derogations in the Contract shall prevail over the wording of these GTC.
2.1. Besides the terms defined elsewhere in these GTC, the definitions and other provisions of this Article 2 shall apply throughout the GTC:
Civil Code means Act No. 89/2012 Coll., Civil Code, as amended;
Theft means the unlawful appropriation of the Subject, especially as a result of its theft;
Subject means the subject of lease under the Contract, specification of which is in each individual Contract;
Master Contract means a written mater contract concluded between STATECH and the Lessee governing the lease of one or more Properties, or the conclusion of subcontracts and their terms;
Contract means the lease contract for the Subject conclude between STATECH and the Lessee under Article 3 of these GTC, whether based on the Master Contract or individual orders;
Contractual Relationship means the legal relationship between the Parties regarding the lease of the Subject arising under the Contract; Party means a contracting party to the Contract; and
Total Damage means damage to the Subject where its repair is no longer possible, or the price for its repair would be so high that it would be close to or higher than the price of the Subject itself.
2.2. The headings in these GTC are for convenience only and do not affect the interpretation of the provisions hereof.
3. CONCLUSION OF THE CONTRACT
3.1. Based on the Lessee's order, STATECH will send an order confirmation to the Lessee representing a proposal to conclude a Contract, which will include, in particular, the Subject specification, rental period, rental amount and other payments (transport, handling), take-over / removal site and reference to these GTC.
3.2. If in response the Lessee does not send STATECH a different proposal to conclude the Contract under Article 3.1, the STATECH proposal shall be deemed accepted at the latest upon the takeover of the Subject. The content of the STATECH proposal becomes part of the Contract. For the purposes of this paragraph, a proposal containing any additions or deviations to the original STATECH proposal is considered to be a different proposal, even if it does not substantially change its terms. Section 1740 (3), first sentence, of the Civil Code does not apply.
3.3. Under the circumstances, the Contract may also be concluded within the framework of the Master Contract. In this case, the content of the Contractual Relationship is governed (in order of priority) by: (i) the Contract, (ii) the Master Contract, (iii) these GTC. In particular, the Master Contract may provide for a different way of concluding sub-contracts than those specified in these GTC above.
4. RENT AND PAYMENT TERMS
4.1. The Lessee is obliged to pay rent according to the content of the Contractual Relationship. Transport and handling are charged separately to the Lessee, with shipment days counted as rental days. From the point of view of VAT, transport and handling will be considered as an incidental expense to the provided lease.
4.2. Rent is calculated without consumed fuel. If the Lessee does not return fuel levels to the original status at the end of the lease, the rent calculation will be adjusted so that the total amount of rent will also include the amount to be determined as the product of the difference between the original and final fuel prices and their price, while the price of fuel will be determined on the basis of the price list published on the STATECH website (www.mateco.cz).
4.3. If the termination of the operation or use of the Subject is not announced by 15:00 on the previous business day, the next day (return day of the Subject) will be charged as a rental day.
4.4. Invoices will be sent to the Lessee's address. In the case of a lease of up to 30 days, the invoice will be issued upon termination of the lease. In the case of a lease of more than 30 days, the invoices will be issued every 30 days and after the lease is terminated. The maturity of invoices is 14 days from their issuance, unless otherwise agreed between STATECH and the Lessee. On the basis of the Lessee's consent (the Parties' agreement), STATECH is entitled to send invoices only electronically.
4.5. All amounts to be paid by the Lessee under the GTC or the Contract, which constitute a consideration for any performance of the purposes of VAT, are expressed without VAT. The Lessee is also obliged (together with payment of the fee for this performance) to pay STATECH the statutory amount of VAT.
4.6. For VAT purposes, the Parties consider the lease of the Subject to be provided on an ongoing basis, subject to the lease of the Subject relating to each period under which invoices (Invoicing Period) are issued under Article 4.4 of these GTC shall be deemed to be partial performance of the lease of the Subject. Any partial performance is deemed to have been made on the last day of the relevant Invoicing Period.
4.7. Notwithstanding paragraph 4.4, STATECH may, at its sole discretion, require payment prior to handing over the Subject to the Lessee against issuance of an advance invoice.
4.8. The Lessee is not entitled to set off its receivables against STATECH by a unilateral act. An agreement to set off mutual receivables of the Parties must be in written form. The provisions of this paragraph are without prejudice to STATECH's right to unilaterally set off STATECH's receivables against the Lessee's receivables. STATECH is expressly authorized to accept any third-party payments under the Contractual Relationship or in connection it.
5. ESTABLISHMENT, CHANGE AND TERMINATION OF LEASE, HANDOVER AND RETURN OF SUBJECT
5.1. The lease relationship arises on the day under the Contract, otherwise on the date the Lessee takes over the Subject. STATECH shall place/deliver the Subject to the site and the Lessee is obliged to take over the Subject at this site and within this term.
5.2. STATECH and the Lessee, or any persons authorized by them, confirm the status, equipment of the Subject and time of receipt and return by signing the handover protocol of the Subject. The Lessee is obliged to ensure the presence of an authorized person in the place and time of handover and takeover of the Subject. It is understood that the person who signed the handover protocol for the Lessee and/or otherwise dealt with STATECH regarding the handover and takeover of the Subject was duly authorized by the Lessee. The Lessee cannot object to STATECH that such a person did not have the appropriate authority unless it was obvious taking into account all circumstances and upon exercise of due diligence. However, an employee of the Lessee will always be considered an authorized person.
5.3. It is necessary to notify STATECH of any extension or shortening of the lease of the Subject at least two days before the date when the lease is due to expire or when it is proposed to terminate it.
5.4. Cancellations can only be made until 16:00 on a business day preceding the lease date and must be made in writing (e.g. by e-mail); STATECH is entitled to charge a cancellation fee (contractual penalty) in the amount of CZK 2,000 for the cancellation of the order after 4 pm on the working day preceding the rental day. If the Lessee fails to comply with its obligations regarding the handover and takeover of the Subject, or otherwise fails to hand over the Subject at the site and term, the Lessee is obliged to reimburse STATECH for the cost of the daily rent for each day of delay in acceptance and for the futile transport of the Subject to the handover site. The Lessee is obliged to return the Subject to STATECH on the date and in the place according to the Contract.
5.5. The placement / delivery of the Subject will only take place to/from a site that is accessible to the transport vehicle and safe for loading and unloading of the Subject. The Lessee itself is obliged to transport the Subject to/from its place of use. If the delivery of the Subject results in the use of downtime during transport or unloading for reasons on the Lessee's side, these will additionally be charged to the Lessee at a rate of CZK 250 per quarter hour. The same applies if downtime occurs during transport or loading when the Subject is picked up, particularly as a result of non-delivery of the Subject by the Lessee to the place of loading, discharged batteries, or empty fuel tank.
5.6. The lease ends with the handover of the Subject (including all accessories) back to STATECH. The Lessee is obliged to provide STATECH with all necessary assistance in returning the Subject, in particular to ensure the presence of the authorized person in returning the Subject, checking and signing the reverse handover protocol, and the provisions of paragraph 5.2 above apply mutatis mutandis. In particular, by signing the reverse handover protocol, the Parties will confirm the compliance of the Subject's final status of the Subject with the takeover status (taking into account normal wear and tear) or indicate deviations from this state in the protocol. In case of deviations according to the previous sentence (especially if the Subject is damaged), STATECH is expressly authorized to provide photographic documentation of the condition and the Lessee is obliged to provide STATECH with all assistance. For the purposes of this provision, the Parties expressly agree that return of the Subject, including the control unit, is deemed to be due return of the Subject. If the Subject is returned without a control unit, STATECH will continue to be entitled to a rent payment until the control unit is returned, even if the Subject, including any remaining accessories, was otherwise returned.
5.7. Unless otherwise agreed, the Lessee is obliged to notify STATECH of the time and place of the return of the Subject sufficiently in advance (at least 2 business days) via the telephone and/or e-mail contact on the STATECH website. (www.mateco.cz).
5.8. The time when the Subject is non-operable due to a technical defect is not counted in the lease term. This does not apply if the defect was caused by improper maintenance, by the Lessee's personnel, or by the Lessee for other reasons. In case of a defect pursuant to the previous sentence, the Lessee shall not have the right to a discount on the rent or termination of the Contract.
5.9. In exceptional cases and only on the basis of an agreement with STATECH, the (original) Lessee may hand over the Subject directly to a third party – the new Lessee. In such a case, both the new and the original Lessee jointly and severally (including the fuel status) are responsible for the Subject's final status in its subsequent handover.
5.10. In the event that the Lessee or any person authorized or empowered by the Lessee is not present when returning the Subject to STATECH, either as a result of a breach of the Lessee's obligations or as agreed by the Parties, STATECH shall be entitled to take over and remove the Subject by itself. In such a case, the lease ends no later than the moment of acceptance of the Subject by STATECH pursuant to the previous sentence. However, the circumstances under this paragraph, as well as the fact that the Lessee did not sign the reverse handover protocol, does not relieve the Lessee of its liability or limit it in any way.
6. OBLIGATIONS OF THE PARTIES
6.1. STATECH is obliged to hand over the Subject to the Lessee in proper technical condition, on time and at the place according to the Contract.
6.2. When renting the Subject without operating personnel, the Lessee is obliged to ensure that the Subject is used in accordance with the operating manual and applicable ČSN 275004 (EN280) standard. The Lessee undertakes to ensure the service of the Subject by qualified personnel who have written permission (attendant's card) who adhere to the safety regulations for their operation and who are trained to work on the Subject.
6.3. The Subject may only be used for the purpose for which it is intended. It is forbidden to use it, in particular, for lifting loads or pulling lines. The Lessee is obliged to allow a person authorized by STATECH to access the Subject at any time to check that it is used in accordance with the Contract and these GTC.
6.4. The Lessee is obliged to follow the instructions given on the Subject and in the operating instructions, in particular (if applicable) it is obliged to regularly charge the electrically driven Subject at least 1 full shift per day, daily check and replenish the distilled water in the batteries (for diesel installations in starter batteries), refuelling (use of biodiesel is prohibited), check and monitor any leakage of operating materials (mainly hydraulic oil) and check the tightening of the wheel bolts and the function of all safety devices daily. The Lessee is obliged to record the operation, inspection and maintenance information in the Lifting Equipment Log.
6.5. Any special permits, as well as permits for the closing of streets and public spaces required for the use of the Subject, must be secured at the Lessee's own expense.
6.6. The Lessee is not entitled to sublease the Subject to a third party without the prior written permission of STATECH.
6.7. The Lessee is obliged to keep the Subject in working order, in particular to protect it from dirtiness, damage, excessive wear, Theft or destruction. Upon the signing of the handover protocol by the Lessee or a person authorized by it, liability for the Subject's operation passes to the Lessee. In the event of dirtiness, the Subject will be cleaned at the Lessee's expense.
6.8. The Lessee is obliged to promptly notify STATECH of any defects and the need for repairs beyond the scope of the normal maintenance of the Subject, in which case it is obliged to refrain from continuing to use the Subject and to perform any repairs to the Subject without STATECH's approval. STATECH is obliged to ensure that the Subject is returned to working order without undue delay. All repair costs shall be borne by the Lessee, except in cases where the defect has been demonstrably not caused by reasons on the part of the Lessee. In case of doubt as to whether the defect was caused by reasons on the part of the Lessee, the opinion of STATECH shall be decisive.
6.9. In the case of rough work, the Lessee is obliged to cover and protect the Subject sufficiently. This is especially true for painting, welding and cleaning with acid. The Lessee acknowledges that contamination by paint, concrete or similar materials is not covered by an insurance policy. Sandblasting and blasting work is prohibited. In the event of a breach of the obligations set forth in this paragraph, the Lessee is obliged to pay the full cost of cleaning the Subject. If the Subject's control unit is damaged, the Lessee is required to pay for its repair, and if it is lost, the Lessee is required to pay for a new control unit. The Lessee is obliged to keep the control unit in a safe place outside the machine's working hours. The Lessee must report Theft of the control unit to STATECH and the Czech Police. In the event of Theft or damage to the control unit, the Lessee is obliged to compensate STATECH for any damage that STATECH incurs.
6.10. The Lessee is liable for damages caused by unsuitable terrain, insufficient load-bearing capacity of the subsoil and use of the Subject in contradiction with the technical parameters stated on the Subject's labels and in the enclosed operating instructions.
6.11. If the Lessee transports the Subject on its own, it is obliged to inform the Police and STATECH immediately in the event of an accident. The Lessee is liable for any damage to the Subject resulting from such an accident.
6.12. The Lessee is liable for any damage caused by the Subject and any damage to the Subject due to improper handling by the operator or for any other reason on the Lessee's side. The Lessee is also liable for the loss or Theft of the Subject (and its parts) and is obliged to report this to STATECH and the Czech Police without delay. In case of doubt as to whether the damage was caused by unprofessional operation or for any other reasons on the part of the Lessee, the opinion of STATECH shall be decisive.
6.13. The Lessee is also liable for damages to the Subject due to third party actions or as a consequence of an event independent of the Lessee's will and is liable to compensate STATECH for such damages in full. This is without prejudice to the Lessee's right to claim damages vis-à-vis third parties.
6.14. If STATECH breaches its obligations under the Contract, the GTC or the relevant legal regulations and the Lessee incurs any damage as a consequence of this breach, the Lessee is entitled to claim compensation for such damage only up to the value of the Lessee's performance under the Contract.
6.15. STATECH is entitled to charge the cost of repairing damage to the Subject (except for repair of damage for which the Lessee is not liable under the Contract) to the Lessee by means of an invoice issued after the repair, with a maturity of 14 days from its issuance. The Lessee undertakes to pay STATECH the invoice by the maturity date.
6.16. The Lessee is not entitled to use the Subject as a pledge or otherwise establish the right of use or other use of a third party or otherwise use the Subject to secure its obligations. The Lessee is not authorized to make any modifications to the Subject (except for its normal use in accordance with the Contract) without the prior written consent of STATECH.
7. TERMINATION OF CONTRACT
7.1. Except for the other termination cases under these GTC, STATECH may also withdraw from the Contract with effect from the delivery of the notice of withdrawal by the Lessee if:
a) The Lessee seriously breaches any of its obligations, in particular if it is in default of at least 5 days with payment of rent;
b) The Lessee goes bankrupt under Act No. 182/2006 Coll., Insolvency Act, as amended, or a petition to open insolvency proceedings is filed against the Lessee;
c) The Lessee enters into liquidation;
d) For a period of at least 14 days there is nobody who would be entitled to act on behalf of the Lessee (legal entity) in the full extent (executive director, authorized person, etc.); or
e) Theft or Total Damage of the Subject occurs.
7.2. The Lessee is obliged to issue the Subject immediately after the Contract is terminated, or at a different date and time set by STATECH. The Lessee may not use the Subject for the period from the termination of the Contract until the return of the Subject to STATECH, it is expressly obliged to duly maintain and administer the Subject for STATECH and is obliged to avoid anything that would prevent the timely handover of the Subject to STATECH. Paragraph 5.6 of these GTC shall apply mutatis mutandis.
7.3. In the event of the Theft or Total Damage of the Subject, the Lessee is further expressly obliged to compensate STATECH for lost profits (besides any other obligation). The Parties explicitly agree that lost profits for the purposes of this paragraph shall also include so-called hypothetical lost profits, i.e. the profits STATECH would have achieved had the Subject concerned continued to be leased had its Theft or Total Damage not occurred. For the purpose of calculating such lost profits, the usual profit that STATECH would have achieved by renting the relevant Subject will be used. The Lessee expressly agrees with this obligation and the method of calculating lost profits under this provision.
7.4. If a Contract has been agreed between the Parties, or a Master Contract, for more than 1 year and such Contract (Master Contract) terminates prematurely, whether as a result of a breach of the Lessee's obligations or otherwise, the Lessee undertakes to pay STATECH compensation for such early termination of 25% of the total outstanding payments STATECH would receive from the Lessee under the relevant Contract if such early termination had not occurred.
8. SERVICE TERMS
8.1. In the event of any damage to the Subject the Lessee is obliged immediately after the occurrence or discovery of the damage to carry out photo documentation of the damage and immediately report the damage to STATECH and within 48 hours to send STATECH damage notification, including photographic documentation, to the e-mail address: firstname.lastname@example.org.
9. JURISDICTION AND APPLICABLE LAW
9.1. The District Court for Prague 7 (in matters pertaining to the District Court) or the Regional Court in Prague (in matters pertaining to the Regional Court) is the locally competent court of first instance to resolve disputes arising out of or in connection with the Contract (including its validity or interpretation).
9.2. The Contractual Relationship is governed by Czech law.
10. PENALTIES AND RELATED PROVISIONS
10.1. If the Lessee is in default of payment of an invoice, the Lessee undertakes to pay STATECH a contractual penalty of 0.1% of the outstanding amount for each day of delay.
10.2. In the event of default in the payment of the amount according to the issued invoice, STATECH and the Lessee have agreed on default interest of 0.05% of the outstanding amount for each day of delay.
10.3. In the event of a breach of the obligations under Article 5.6, the Lessee is obliged to pay STATECH a contractual penalty of CZK 50,000 for each breach.
1.4. In the event of a breach by the Lessee under Article 7.2, the Lessee is obliged to pay STATECH a contractual penalty equal to twice the rent for the Subject for each (even commenced) day the breach persists.
10.5. The payment of contractual penalties is without prejudice to STATECH's right to full compensation for damage caused by a breach of the respective obligation.
10.6. If a repayment schedule is agreed between the Parties regarding the payment of the outstanding amounts, the Lessee undertakes to pay STATECH together with the respective instalments also contractual interest on the outstanding amounts until payment in the amount corresponding to the actual amount of default interest in accordance with the applicable laws.
10.7. The Parties have agreed and expressly declare that STATECH is entitled to examine the Lessee's ability to perform its obligations under the Contract, in particular the ability to pay rent and any other related payments (hereinafter creditworthiness), while the Lessee undertakes to provide STATECH with all cooperation to this end. STATECH has the right to request accounting documents from the Lessee even during the term of the Contractual Relationship and if the Lessee discovers any major information that may lead to its inability to pay the rent or other payments, STATECH is entitled to withdraw from the Contract. If the Lessee is also a mateco group client, the Lessee grants STATECH permission to provide and obtain supporting evidence for the creditworthiness of those companies.
10.8. The Parties have also agreed that STATECH is entitled to withdraw from the Contract if it has doubts about the Lessee's creditworthiness. In such a case, STATECH shall not be obliged to state the reason for the withdrawal in the notice withdrawal from the Contract or any more detailed specification of the sources and the reasons for the doubt about the Lessee's creditworthiness. The Parties expressly state that upon withdrawal from the Agreement under this provision, the Lessee shall not be entitled to any claims, including damages, against STATECH.
10.9. The Lessee undertakes to pay STATECH, in addition to all other agreed payments, for the services related to searching, securing, and removing the Subject, as well as the cost of recovering the amounts due, as well as the costs of legal representation.
10.10. If the performance of the Lessee's obligations deteriorates during the Contractual Relationship, STATECH shall have the right to require the Lessee to additionally secure these obligations up to the total amount of the receivables under the Contract, including accessories.
11. FINAL PROVISIONS
11.1. The rights and obligations of the Parties not expressly regulated by the Contract, the Master Contract or these GTC are governed by the relevant provisions of the Civil Code.
11.2. Annex No. 1 (hereinafter the Annex) constitutes part of these GTC. However, the provisions of the Annex shall apply only if the Contract provides for a surcharge for the reduction of the Lessee's damages.
11.3. The limitation period in relation to rights arising under the Contract is governed by the relevant provisions of the Civil Code. Any extension or shortening of limitation periods must be made in writing.
11.4. These GTC come into force and effect on 14 June 2019.
In Dolní Beřkovice, on 14 June 2019
No. 1 - Surcharge for reduction of compensation of damages
Annex No. 1
to the general business and service terms for rental
Surcharge for reduction of damages “STATECH SECURITY”
1. INTRODUCTORY PROVISIONS
1.1. This Annex No. 1 of the GTC (hereinafter the Annex) governs the rights and obligations of STATECH and the Lessee in respect of liability for damage to the Subject in the event that a Surcharge is agreed on (as defined below).
1.2. Under the terms set out in the GTC and the Annex, the provisions of the Annex on liability and damages shall prevail over the provisions of the GTC (in particular the relevant provisions of Article 6 of the GTC). However, deviations in the Contract take precedence over the Annex.
2.1. Except the terms defined in the GTC or elsewhere, the Annexes, definitions and other provisions of this Article 2 shall apply throughout the Annex:
List Price means the rental price for each Subject according to the STATECH pricelists, which is always specified in the proposal to conclude the Contract and/or in the Master Contract (for the avoidance of doubt, any discounts granted to Lessee do not affect the list price); and
Surcharge means payment for a reduction in compensation of 5% from the gross List Price.
3 AGREEMENT ON AND VALIDITY OF ANNEXES, PAYMENT OF SURCHARGES
3.1. If under Article 3 of the GTC the Lessee and STATECH agree that the Lessee will also pay the Surcharge in addition to rent and other payments under Article 4 of the GTC, the liability relations between STATECH and the Lessee in respect of the damage suffered incurred on the Subject shall be governed by the provisions of this Annex. The Annex applies only to damages to the Subject arising from the acceptance of the Subject by the Lessee under the Contract. If the application of the Annex was agreed upon after the Subject was taken over (e.g. by an amendment to the Contract), the Annex shall only apply to damages that have arisen after the effective date of its application.
3.2. Surcharge will be charged to the Lessee as a separate item on the invoices issued under Article 4 of the GTC. The relevant provisions of Article 4 of the GTC shall apply mutatis mutandis to its payment.
3.3. The provisions of the Annex shall not apply to damages incurred when the Lessee is in delay of any payment under the Contract (including the Surcharge).
4. COMPENSATION OF DAMAGES
4.1. Compensation of damages within the scope of the Annex shall be applied in the event of damages to the Subject incurred during the rental period as a result of further specified events in Article 5. This is merely damage to the Subject without any follow-up damages.
4.2. Damage for the purposes of this Annex does not include damage to parts of the Subject that are subject to rapid wear and tear and are regularly replaced (e.g. tires, tubes, pipes, shafts, chains, ropes, machine parts for rolling and linear motion, etc.) have not been damaged/destroyed at the same time as the other parts of the Subject, by the incident specified below.
4.3. If damage to the Subject is incurred up to CZK 15,000 (excl. VAT), the Lessee shall be obliged to compensate STATECH for the full amount.
4.4. If damage to the Subject is incurred in excess of CZK 15,000, the Lessee shall only be obliged to compensate STATECH for 5% of this damage, but at least CZK 15,000. This is without prejudice to the provisions of paragraph 4.5.
4.5. In the event of Total Damage to the Subject and if the Subject is damaged to such an extent that it can no longer be objectively repaired to be used for its original purpose, the Lessee shall be obliged to pay STATECH in lieu of Articles 4.3 and 4.4 for Subjects up to the age of 3 years including the amount of 25% of the value of the new Subject, at least CZK 80,000 and for Subjects older than 15% of the value of the new Subject, but at least CZK 80,000.
4.6. In case of discrepancies regarding the actual amount of the damage, STATECH's opinion is decisive.
5. SCOPE OF APPLICATION OF ANNEX
The provisions of this Annex shall apply in the event of damage to the Subject as a result of the events specified below and not further limited:
- Fire, explosion, direct lightning strike and, as a result, fire extinguishing and rupture;
- Floods, inundation, fall of aircraft or its part and its cargo, gales (mass of air above 20.8 m/s), hail, landslides, collapse of rocks, avalanche, collapse of buildings or parts thereof, collapse of construction site cells, demolition, ice or snow expansion, weight of snow or ice, earthquakes, tropical cyclones and volcanic eruptions, tree fall or other falling objects, impact (immediate force of another object);
- Theft of the entire Subject if the Subject has been properly secured against theft by its security features in the absence of the operator and the control panels were not close to the Subject and locked away elsewhere;
- Robbery if the Subject was stolen by the perpetrator using violence on the service personnel of the Subject;
- Traffic accident during Subject transport.
6. LIMITATION OF APPLICATION OF ANNEX
The provisions of this Annex shall not apply in the event of damage to the Subject, irrespective of the causal effects as a result of the following events or facts:
- Intentional acts by the Lessee;
- Incorrect operation or maintenance of the Subject;
- Long-term exposure to chemical, mechanical, electrical, electromagnetic, oxidation when using the Subject, scratching or other aesthetic damage to finish, paint damage, spraying, chemical effects;
- Use of the Subject in violation of the manufacturer's regulations and instructions, technical rules, standards, and breach of the Lessee's obligations under the Contract and legal provisions;
- If the control unit does not adapt his driving style to the weather conditions or the traffic situation when the Subject is being transported;
- Theft or robbery in cases where the provisions of Article 5 do not apply, and always in case the Lessee violates its obligation to report these facts to the Police of the Czech Republic;
- Embezzlement, fraud, concealment and unauthorized use of the Subject by a third party;
- Backflow of wastewater from sewerage;
- Subsequent damage of any kind;
- If Lessee fails to comply with or breaches any of its obligations in connection with reporting damage pursuant to Article 7 of the Annex.
For the avoidance of doubts, the Lessee is liable in full in the above cases under this Article 6 for damages under the GTC.
7. NOTIFICATION OF DAMAGE TO SUBJECT
In the event of any damage to the Subject, the Lessee is obliged immediately after the occurrence or discovery of the damage to carry out photo documentation of the damage and immediately report the damage to STATECH and within 48 hours to send STATECH a damage notification, including photographic documentation, to the e-mail address: email@example.com.
8. OTHER PROVISIONS
The Lessor is entitled to amend this Annex. Already concluded annexes remain valid. The Lessor shall determine the current version of the Annex no later than within 20 calendar days prior to the effective date of the change by notification at www.mateco.cz. The Lessee is entitled to express its disagreement with such a change by written statement to STATECH no later than 20 calendar days after the publication of this change and in such a case is not bound by the change.