equipment lease agreement individual - sample and type form found on the Internet quite often. About the cases in which this agreement can be concluded, as well as the essential points that you should pay attention to, we will tell in this article.
What is a lease?
According to the definition given in Civil Code, rent is a type of legal relationship in which one party to the transaction provides the other party with its property for temporary use for a certain fee.
You can rent anything: both movable things and real estate, land, cars, household appliances - all that property that does not lose its properties during use. This includes different types lease agreements in which counterparties agree on the cost of rent, terms, various conditions on the use of the thing, including the ability to redeem it later or options for liability for the loss of the property.
Equipment is understood as any devices, tools, equipment, when working on which or with which you can achieve the desired result. In a situation where necessary equipment is owned by another person or organization, and the needy wants to only occasionally use it, you will have to conclude an equipment lease agreement.
Legislative regulation of rental relations
The legislation on rent is accumulated in the Civil Code of the Russian Federation. Chapter 34 is entirely devoted to rental relations various kinds. These types differ depending on the subject of the lease, that is, those things that are provided for use for a while.
The law does not contain a specific section related to the rental of equipment. However, an assessment of the norms cited by the legislator makes it possible to attribute the rules and requirements provided for rental to equipment rental transactions.
In addition, of course, the equipment lease agreement must comply with the general conditions provided for this type of transaction.
Equipment lease agreement form
By general rules The lease agreement can also be concluded orally. However, a written form is required if:
- the lease term is more than a year;
- one of the counterparties is a legal entity (regardless of the period for which the contract is concluded).
A rental agreement as a relationship between an entrepreneur providing things for rent and an individual renting property must always be drawn up in writing.
Thus, if equipment is rented by a citizen from a citizen who is not engaged in leasing this property on a permanent basis, then the lease agreement can also be concluded orally - “in words”. However, in order to avoid problems associated with the collection of rental fees, obtaining the proper type of property for rent, returning the leased thing on time and within fit condition It is recommended that the rental agreement be concluded in writing.
On the onset controversial cases and applying to the court to resolve them, having a written contract, you will not have to involve witnesses to prove your case - it will be enough to present to the servant of Themis a document signed by both parties to the lease.
Equipment lease agreement: essential terms
An essential condition of the lease agreement in general and the lease of equipment in particular is the condition on the subject of the lease. If the leased object is not defined in the contract, then the contract loses all meaning and will not be considered concluded.
Regarding the rental of equipment, it is necessary to describe as specifically and accurately as possible what kind of equipment is being leased, with what attachments (details) and in what condition. You can agree on the quality of the transferred object directly at the time of transfer using the transfer-acceptance certificate, which will be an integral part of the contract. In order to avoid any misunderstandings and problems when handing over the equipment to the owner, it is necessary to indicate in the act all the existing defects, starting with the shortcomings appearance and ending with understaffing and operational problems, if any.
The second important condition lease agreement is the price. The price for the use of the leased property is set in whole or in parts in the form of:
- one-time payment or periodic payments;
- an agreed share of the material result obtained as a result of using the equipment;
- certain services rendered by the tenant;
- things provided by the lessee to the lessor for ownership or temporary use;
- improvements to the leased property that the tenant will spend on.
The rental price may change within the terms agreed by the parties to the agreement, but not more than 1 time per year.
Lease payments are presented in the form of fixed payments, periodic or lump sum.
Equipment rental terms
An important condition of the lease is the term. According to the general conditions, it will be agreed upon by the parties to the transaction. At the same time, the term is not specified in the contract, the transaction will be considered open-ended, that is, concluded on indefinite term. This is not a very convenient option, since when concluding a lease for an indefinite period, each of the parties gets the right to withdraw from the contractual relationship at any time by notifying the other party 30 days before the termination of the contract, and in relation to real estate lease - 3 months in advance. In connection with the foregoing, it is advisable to determine the term of the lease transaction in the contract.
IMPORTANT! The rental agreement is concluded for a period of up to 1 year.
Even if the lease term is defined in the contract, each of the parties has the right to terminate the relationship ahead of schedule. The landlord may demand early termination of the transaction in cases where the tenant:
- violates contractual conditions for the use of property;
- uses the property for other purposes;
- significantly degrades the leased property;
- fails to pay the rent twice on time;
- does not carry out capital repairs of property within the terms established by the agreement.
The tenant may also request to terminate lease relations ahead of schedule. However, on general grounds, he can do this only through the court and in the following situations:
- rental property is not provided;
- the lessor obstructs the use of the leased property;
- deficiencies unspecified at the conclusion of the contract were discovered in the property, which prevent its use;
- the landlord does not carry out the required overhaul;
- the thing turned out to be in an unusable condition through no fault of the tenant.
In relation to the rental thing, the tenant does not need to go to court. He has the right to return it to the landlord ahead of schedule and terminate the relationship, warning of his intentions no later than 10 days.
Where can I download the equipment lease agreement?
| Download contract form |
Of course, each contract must be drawn up individually, depending on the specific situation. However, in simple cases or to help draw up your version of the contract, the document can be downloaded from any of the sites containing standard forms of various documents.
In this case, a standard form or sample equipment lease agreement should contain such sections.
- Information about the place and time of the conclusion of the contract.
- Information about the parties entering into the contract, including passport or constituent data and address.
- Definition of the subject of the contract and the object that is rented.
- The cost of rental services.
- Lease term.
- Questions about the quality and condition of the rented property, including the repair of things.
- Rights and obligations of the parties.
- Responsibility of the parties for violation of the terms of the contract.
- Signatures and details of the parties.
It must be borne in mind that the lease agreement is a public document, which means that it is provided to everyone on equal terms. Therefore, if the equipment is rented from a specialized company, the tenant will most likely be asked to sign a standard contract form.
Refrigeration equipment lease agreement
№_______
Moscow
"____" ____________ 201_
LLC "_____________", hereinafter referred to as the "Lessor", represented by ____________________________, acting on the basis of __________, on the one hand, and
LLC _____________________, hereinafter referred to as the "Lessee", represented by _____________________, acting on the basis of __________________, on the other hand, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Landlord undertakes to transfer to the Tenant refrigeration equipment specified in the acceptance certificate (hereinafter referred to as "equipment"), which is an integral part of this contract.
1.2. The Lessee undertakes to accept the specified equipment for lease, keep it in good condition, bear all the costs of its maintenance, and use it only in accordance with the terms of this Agreement.
1.3. Equipment is provided to the Lessee for rent for the purpose of storage by the Lessee of frozen food products (hereinafter referred to as the "goods") purchased from the Lessor under the terms of the relevant supply agreement, for installation in the trading floors of the Lessee's stores.
1.4. The rental fee for the use of the equipment is included in the price of the goods intended for storage in the equipment and supplied on the basis of the relevant supply agreement.
2. TERMS OF TRANSFER
2.1. The transfer of equipment is carried out by the Lessor according to the acceptance certificate.
2.2. Delivery of the equipment is carried out by the Lessor's vehicles to the address specified in the acceptance certificate.
2.3. The equipment is accepted by the Lessee in good condition, which is confirmed by the signatures of both Parties in the acceptance certificate.
2.5. The Lessee undertakes to maintain the provided equipment in good condition, including the implementation of current and major repairs, bear all the costs of its maintenance and use it in accordance with the terms of the Agreement.
2.6. The Lessee undertakes to use the Lessor's equipment only for the storage of goods purchased from the Lessor.
2.7. The purpose of providing equipment for rent is to maintain and increase the volume of sales of goods.
2.8. An essential condition for the provision of equipment for rent is the Lessee's purchase of the Goods in the amount of at least ___________________ (_______________________________________ _______________) rubles during the calendar month.
2.9. If the Buyer violates the terms of payment for the goods established by the relevant supply agreement for more than 10 (ten) calendar days, the Lessor has the right to unilaterally terminate this agreement, and the Lessee is obliged to return the equipment to the Lessor according to the acceptance certificate within 3 calendar days from the moment the Lessor submits a request for the return of the equipment.
3. RESPONSIBILITIES OF THE PARTIES
3.1. If the Lessor reveals the fact of repeated use of the equipment for purposes not provided for by this Agreement (including laying out goods of third parties in the equipment; goods of other trademarks), as well as in case of violation by the buyer essential conditions of this Agreement (including the terms of clause 2.8. of this agreement) the Lessee is obliged to return the equipment to the Lessor within 5 days from the date of receipt of the relevant request of the Lessor. The returned equipment must be handed over by the Lessee in good condition.
3.2. For damage to equipment, the Lessee shall compensate the Lessor for real damage.
4. TERMINATION OF THE AGREEMENT
4.1. The Agreement may be terminated at any time by agreement of the Parties, or unilaterally if one of the Parties fails to comply with the terms of this Agreement. Upon termination of the Agreement unilaterally, a notice of termination shall be sent to by registered mail with acknowledgment of receipt. IN this case The contract is considered terminated from the moment of receipt of the above notice.
4.3. Upon termination of this agreement unilaterally, the Lessee is obliged to return the equipment to the Lessor according to the acceptance certificate within 5 calendar days from the date the Lessor submits a request for the return of equipment
5. FORCE MAJEURE
5.1. None of the Parties shall be liable for full or partial failure to fulfill obligations if this failure occurred due to flood, fire, earthquake, war or hostilities, as well as other force majeure circumstances that arose after the signing of this Agreement.
6. ARBITRATION
6.1. All disputes and disagreements that may arise from this Agreement or in connection with it will, if possible, be resolved amicably.
6.2. If it is impossible to resolve disputes amicably, all disputes between the Parties are subject to consideration in the Moscow Arbitration Court.
6.3. In all other respects not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
7. TERM OF THE CONTRACT
7.1. The Agreement comes into force from the moment of its signing by both Parties and is valid until "____" _______________ 201_.
7.2. If neither of the parties declares its termination 1 week before the expiration of this Agreement, the Agreement is automatically considered prolonged for the same period. The number of extensions is not limited.
7.3. The Agreement and the Acceptance Certificate, which is an integral part of the Agreement, are drawn up in two copies of equal legal force and are stored in one copy by each of the Parties.
8. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
AGREEMENT No. __
equipment rental
"__"________ G.
PJSC "Organization No. 1", represented by Director Petrov Petr Petrovich., acting on the basis of the Charter, hereinafter referred to as the "Lessor", on the one hand, and JSC "Organization No. 2", represented by Director Vasilyev Vasily Vasilyevich., acting on the basis of the Charter , hereinafter referred to as the "Lessee", on the other hand, have concluded this agreement as follows:
1. The Subject of the Agreement
1. The Lessor provides the Lessee for a fee for temporary possession and use of the equipment specified in Appendix No. 1 to this Agreement, which will be used by the latter for its production purposes.
1.2 The total cost of the transferred equipment is 341,525.00 rubles.
1.3 At the time of the conclusion of this agreement, the equipment leased belongs to the Lessor by right of ownership, is not pledged, is not arrested, and is not the subject of claims by third parties.
1.4 The leased equipment must be in good working order.
1.5 The parties to the agreement determined that the technical and commercial operation of the leased equipment should ensure its normal and safe use in accordance with the purposes of the lease under this agreement.
2. Rights and Obligations of the parties
2.1 The Lessor undertakes:
2.1.1 Transfer the equipment under the act of acceptance and transfer, within 3 days from the date of signing this agreement;
2.1.2 Transfer to the Lessee, together with the leased equipment, its accessories and related documents;
2.1.3 Transfer to the Lessee the equipment provided for in this agreement in a condition that complies with the terms of the lease agreement. Production purpose of the leased equipment.
2.2 The Lessee undertakes:
2.2.1 The Tenant is obliged to pay the rent in a timely manner, in accordance with the terms of this agreement;
2.2.2 During the entire term of the equipment lease agreement, carry out major and current repairs;
2.2.3 Use the leased equipment in accordance with the terms of this agreement and exclusively for the direct production purpose of the equipment;
2.2.4 Compensate the Lessor for the losses caused in case of loss or damage to the leased equipment;
2.2.5 Return the rented equipment within 5 days after the expiration of this agreement or its termination for other reasons in good condition.
3. Conditions for improving the leased equipment
3.1. Improvements to the equipment leased under this agreement, made by the Lessee at its own expense and which can be separable without harm to the equipment, are the property of the Lessee. By agreement of the parties to the agreement, the Lessor has the right to pay the Lessee's expenses for improving the equipment during the lease period, after which these improvements will become his property.
3.2. The Lessor has the right not to reimburse the Lessee for the Lessee's expenses for improving the equipment leased from the latter, if these improvements are inseparable without harm to the equipment and were carried out by the Lessee without the consent of the Lessor.
3.3. Any improvements to the leased equipment (whether separable or inseparable) made by the Lessee during the term of the lease agreement at the expense of depreciation charges from the specified equipment (property) are the property of the Lessor under this agreement.
4. Rent under the contract and payment procedure
4.1. The parties to this agreement have established that the monthly rent is 15,000 rubles, including VAT.
4.2. The rent is paid by the Tenant on a monthly basis on the basis of the invoice presented by the Landlord to the Tenant.
5. Procedure for resolving disputes
5.1. Disputes that may arise during the performance of the terms of this agreement, the parties will seek to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, clarification of the terms of the agreement, drawing up the necessary protocols, additions and changes, exchanging telegrams, faxes, etc.
_____________ "__" ___________ 200_Represented by ____________________________________________, acting on the basis of ________________________________, hereinafter referred to as the Lessor, on the one hand, and represented by ___________________________________, acting on the basis of ________________________________, hereinafter referred to as the Lessee, on the other hand, have entered into this agreement as follows:
1. Subject and general conditions of the contract
1.1. The subject of this lease agreement is the provision by the Lessor for a fee stipulated by the parties to the agreement for the temporary possession and use of the Lessee equipment, which will be used by the latter for its production purposes in accordance with the design and operational data of the leased equipment.
1.2. The object of lease under this agreement is: _________________ ________________________________________________________________________________. (model, type, other equipment data)
1.3. At the time of the conclusion of this agreement, the leased equipment belongs to the Lessor by right of ownership, is not pledged or arrested, and is not the subject of claims by third parties.
1.4. The leased equipment is in good condition that meets the requirements for the operated equipment. industrial equipment used for industrial, consumer, commercial and other purposes in accordance with design purpose leased equipment.
1.5. The parties to the agreement determined that the technical and commercial operation of the leased equipment should ensure its normal and safe use in accordance with the purposes of the lease under this agreement.
1.6. With the consent of the Lessor, the equipment leased under this agreement may be subleased by the Lessee. At the same time, the Lessee may transfer its rights and obligations under the contract to another person (assignment), provide the leased equipment in free use, as well as to pledge lease rights and make them as a contribution to the authorized capital of economic partnerships and companies or a share contribution to a production cooperative. In addition to rehiring, in all the above cases, the Lessee remains liable under this agreement to the Lessor.
1.7. The Lessor has the right to demand termination of this agreement and compensation for damages in cases when it establishes the facts of using the equipment not in accordance with the terms of the lease agreement or the purpose of the leased equipment.
1.8. The Lessor shall be liable for the shortcomings of the equipment leased by him under this agreement, which completely or partially prevent the use of it, despite the fact that when renting the equipment the Lessor might not have known about the presence of these shortcomings.
1.9. In cases where the deficiencies of the leased equipment were specified at the conclusion of the contract or were known to the Lessee or should have been identified by him when inspecting or checking the serviceability of the equipment when concluding the contract or transferring it to the Lessee for use under the contract, the Lessor is not responsible for such deficiencies.
1.10. The Lessor guarantees the Lessee the absence of rights of third parties to the equipment that is the object of lease under this agreement.
1.11. In cases of material violation by the Tenant of the procedure established by the agreement for making rent(terms of payment) The Lessor may require the Lessee to make early payment of the rent within the period established by the Lessor, but not more than for two consecutive scheduled payment terms.
1.12. Responsibility for harm (damage) caused by the leased equipment to third parties shall be borne by the Lessor, who has the right to present a recourse claim to the Lessee for reimbursement of funds paid to third parties in order to compensate for the harm caused, if he proves that the harm (damage) arose through the fault of the Lessee.
2. The lessor undertakes:
2.1. Transfer, according to the document determined by the parties to this agreement and confirming the fact of transfer, the equipment that is the object of lease within __ days from the date of signing this agreement (entry into force of this agreement).
2.2. Transfer to the Lessee, together with the leased equipment, its accessories and related documents: technical data sheets, instructions for use (use), certificates of quality, suitability, electrical safety certificates, etc.
2.3. Transfer to the Lessee the equipment provided for by this agreement in a condition that complies with the terms of the lease agreement, the production purpose of the leased equipment (property) and its suitability for commercial operation.
2.4. In the presence of the Lessee under the lease agreement, check the serviceability of the leased equipment, as well as familiarize the Lessee with the rules for its operation or issue written instructions to the Lessee on the rules and procedures for using this equipment.
2.5. Provide consulting, informational, technical and other assistance to the Lessee during the term of the lease agreement for the most efficient and competent use by the Lessee of the equipment transferred to him for temporary possession and use under this lease agreement.
2.6. During the entire term of the equipment lease agreement, carry out its overhaul.
2.7. Reimburse the Lessee for the cost of improvements to the leased equipment that cannot be separated without harm to the equipment, in cases where the Lessee has made such improvements on his own and at his own expense, subject to the written consent of the Lessor as the owner of the leased equipment.
3. The tenant undertakes:
3.1. Use the leased equipment in accordance with the terms of this agreement and exclusively for the direct production and consumer purpose of the named equipment.
3.2. Bear arising due to commercial exploitation rented equipment expenses, including for payment current repair and consumables during operation of materials, to maintain the equipment in good condition.
3.3. Compensate the Lessor for losses caused in the event of loss or damage to the leased equipment, if the Lessor proves that the loss or damage to the equipment occurred as a result of circumstances for which the Lessee is responsible in accordance with applicable law or the terms of this lease agreement.
3.4. Within the terms agreed by the parties to this agreement, pay rent for the use of the leased equipment.
3.5. Return the leased equipment within __ days after the expiration of this agreement or its termination for other reasons in a condition that is determined by agreement of the parties to this lease agreement.
4. Conditions for improving the leased equipment
4.1. Improvements to the equipment leased under this agreement, made by the Lessee at its own expense and which can be separable without harm to the equipment, are the property of the Lessee. By agreement of the parties to the agreement, the Lessor has the right to pay the Lessee's expenses for improving the equipment during the lease period, after which these improvements will become his (the Lessor's) property.
4.2. The Lessor has the right not to reimburse the Lessee for the Lessee's expenses for improving the equipment leased from the latter, if these improvements are inseparable without harm to the equipment and were carried out by the Lessee without the consent of the Lessor.
5. Rent under the contract and payment procedure
5.1. The parties to this agreement have established that the cost of using the equipment transferred to the use of the Lessee for full term its rent is ________ rub.
5.2. The specified amount of rent under the lease agreement is paid by the Lessee monthly in equal installments of _____ rubles. per month.
5.3. Payment of rent is carried out by the Tenant by transferring the due amount by payment order to the settlement account of the Landlord. These payments must be made by the Tenant before the __ day of each calendar month.
5.4. The amount of the rent, if there is a need and objective realities, may be changed during the term of the agreement by agreement of the parties within the time limits that can be additionally determined by the parties to the lease agreement, but not more than once a year.
5.5. The Lessee has the right to demand from the Lessor a reduction in the rental fee in the appropriate amount (proportion), if, due to circumstances that he cannot influence and for the result of which he cannot be responsible, the conditions for using the leased equipment provided for in this lease agreement, or the condition of the equipment rentals have deteriorated significantly.
5.6. The products and income received by the Lessee as a result of the use of equipment leased in accordance with the terms of this lease agreement are the property of the Lessee.
5.7. The Lessor is obliged to return to the Lessee the corresponding part of the rent already received by him in case of early return by the Lessee of the equipment leased to him. In this case, the refundable amount should be calculated from the day following the day of the actual return of the equipment that was in the use of the Lessee.
6. Liability of the parties and force majeure
6.1. Any of the parties to this agreement, which has not fulfilled its obligations under the agreement or has performed them improperly, is liable for the mentioned in the presence of fault (intent or negligence).
6.2. The absence of guilt for non-fulfillment or improper fulfillment of obligations under the contract is proved by the party that violated the obligations.
6.3. A party that has not fulfilled or improperly fulfilled its obligations under the contract when fulfilling its conditions shall be liable unless it proves that the proper fulfillment of obligations was impossible due to force majeure (force majeure), i.e. extraordinary and unavoidable circumstances under specific conditions of a specific period of time. The force majeure circumstances of the parties to this agreement include the following: natural phenomena (earthquake, flood, lightning strike, volcanic eruption, mudflow, landslide, tsunami, etc.), temperature, wind strength and precipitation level at the place of performance of obligations under the agreement, excluding normal life activity for a person; moratorium of authorities and administration; strikes organized in the manner prescribed by law, and other circumstances that may be determined by the parties to the contract as force majeure for the proper performance of obligations.
6.4. The party that has fallen under the influence of force majeure circumstances is obliged to notify the other party of this no later than calendar days from the date of occurrence of such circumstances.
6.5. Failure to notify or untimely notification of the occurrence of force majeure circumstances does not give the right to refer to the occurrence of such circumstances if it is impossible to fulfill one's obligations under the contract.
6.6. A party deprived of the right to invoke force majeure circumstances shall be liable in accordance with applicable law.
7. Procedure for resolving disputes
7.1. Disputes that may arise during the performance of the terms of this agreement, the parties will seek to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, clarification of the terms of the agreement, drawing up the necessary protocols, additions and changes, exchanging telegrams, faxes, etc. At the same time, each one of the parties has the right to claim that it has in writing the results of resolving the issues that have arisen.
7.2. If a mutually acceptable solution is not reached, the parties have the right to refer the disputed issue for resolution to judicial order in accordance with the Russian Federation provisions on the procedure for resolving disputes between the parties ( legal entities) - participants in commercial, financial and other business relations.
8. Protection of the interests of the parties
For all issues that have not found their solution in the text and conditions of this agreement, but directly or indirectly arising from the relations of the parties, affecting the property interests and business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties to this agreement will be guided by norms and provisions of the current legislation of the Russian Federation.
9. Amendment and addition to the contract
9.1. This agreement may be amended and / or supplemented by the parties during the period of its validity on the basis of their mutual consent and the presence of objective reasons that caused such actions of the parties.
9.2. If the parties to the contract have not reached agreement on bringing the contract in line with the changed circumstances (change or addition of the terms of the contract), at the request of the interested party, the contract can be changed and / or supplemented by a court decision only if the conditions provided for by the current legislation exist.
9.3. Any agreements of the parties to change and / or supplement the terms of this agreement are valid if they are executed in writing, signed by the parties to the agreement and sealed by the parties.
10. Extension of the validity period (prolongation) of the contract
10.1. If there is a need and commercial expediency, the parties to this lease agreement have the right to consider the issue of extending the validity period (prolongation) of the agreement for a period of time (term) determined by mutual decision or for an indefinite period (at the option of the parties to the agreement) for the same or other specified by the parties , conditions for renting equipment.
10.2. If __ days before the expiration of this lease agreement, none of the parties declares its intention not to renew the lease under the agreement or to conclude a new lease agreement on significantly different conditions for using the equipment, the agreement is automatically extended (prolonged) for the next 12-month period and so on.
10.3. The parties to this agreement, if they deem it necessary, will consider and agree additionally on a different, contrary to the above, procedure for extending the validity period (prolongation) of the lease agreement.
11. Possibility and procedure for termination of the contract
11.1. This agreement may be terminated by agreement of the parties.
11.2. The agreement may be terminated by the court at the request of one of the parties only in case of a material violation of the terms of the agreement by one of the parties or in other cases provided for by this agreement or current legislation.
Violation of the terms of the contract is recognized as significant when one of its parties has committed an action (or inaction) that entails such damage for the other party that further action the contract loses its meaning, since this party is largely deprived of what it expected when concluding the contract.
11.3. At the request of the Lessor, this lease agreement may be prematurely terminated by the court in cases where the Lessee:
1) uses the equipment in material violation of the terms of the contract or the purpose of the equipment, or with repeated violations;
2) significantly degrades the equipment;
3) fails to pay the rent more than twice in a row after the expiry of the payment term specified in the agreement.
The Lessor has the right to demand early termination of the contract only after sending a written warning to the Lessee about the need to fulfill his obligation within a reasonable time.
11.4. At the request of the Tenant, the lease agreement may be prematurely terminated by the court in cases where:
1) the Lessor does not provide the equipment for use to the Lessee or creates obstacles to the use of the equipment in accordance with the terms of the contract or its purpose;
2) the equipment transferred to the Lessee has deficiencies that prevent its use, which were not specified by the Lessor at the conclusion of the contract, were not known to the Lessee in advance and should not have been discovered by the Lessee during the inspection of the equipment or checking its serviceability at the conclusion of the contract;
3) The lessor does not carry out major repairs of the equipment, which is his obligation, within the terms established by the lease agreement, and in the absence of them in the agreement - within a reasonable time;
4) the leased equipment as a whole or many of its individual positions (units) due to circumstances for which the Lessee is not responsible, will be in a state unsuitable for use.
11.5. The contract may be terminated by its parties or by a court decision, if during the period of its validity there has been a significant change in the circumstances from which the parties proceeded when concluding the contract, when these circumstances have changed so much that, if such changes could be foreseen in advance, the contract between the parties to its would not have been concluded at all, or would have been concluded on terms significantly different from those agreed upon under this contract.
11.6. In cases of termination of the contract by agreement of the parties, the contract terminates after __ days from the date when the parties reached an agreement to terminate the equipment lease agreement concluded between them.
11.7. The consequences of termination of this agreement are determined by mutual agreement of its parties or by the court at the request of any of the parties to the lease agreement.
12. The validity of the contract in time
12.1. This Agreement shall enter into force from the date of its signing by the parties, from which it becomes binding on the parties that have concluded it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.
12.2. This agreement is valid for _____ and terminates on "__" ___________ ____.
12.3. Termination of the term of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if any, occurred during the performance of the terms of this lease agreement.
