Today, in connection with the active carrying out of repair and construction works, in Russia, the rental of the tools necessary for this is again becoming popular. For many citizens, this can be quite convenient.
Not everyone will buy expensive tools in order to make repairs in one apartment. It is much cheaper to rent them, paying for the use by the day.
In addition to professional and household tools, you can rent gas equipment, vibration devices, parquet grinders. In general, the rental of construction equipment can bring a considerable income. We will consider the organization of this type of activity in more detail below.
Business plan: tool rental
When organizing any business, everything should be carefully thought out and calculated. This case is no exception. To implement the idea, it is necessary to draw up a business plan correctly. Renting a tool is not as easy as it might seem.
The documents should describe all the main aspects of this field of activity. It is also necessary to analyze the main problems that may arise when opening this business, and determine the main ways to solve them. This will be discussed further.
Room selection
This will require an individual approach. The room in which your tool rental point will be located can be about 20 square meters, and in any residential area of the city. A small corner in an existing store would be ideal for convenient access by car.
Not every client will carry 20-25 kilograms of rented equipment. If the store is located on the busy side of the street or highway, you need to design the office window well so that it attracts the attention of consumers from afar.
Recruitment
In this case, you will need such specialists:
- Master in the repair of aggregates and tools.
- equipment receiver. He can also be responsible for the conclusion of contracts and engage in financial accounting.
- Accountant.
- Lawyer (if the tool is not returned for a long time).
Advertising
This is an integral part of business development, which reflects the business plan. Tool rental should begin with active advertising of the company. You can place an ad in local newspapers or distribute flyers.
Point operation hours
Based on the experience of other entrepreneurs, the optimal working hours will be from 09.00 to 19.00 without a break. The day off is Sunday.
Deciding what to rent
The list of the main most popular tools includes the following:
- Devices of a rotational nature - a jackhammer, a drill, a wrench, etc.
- Grinding and cutting tools - saws, grinders, etc.
- Welding equipment and fixtures.
- Mounting and compressor devices.
- Construction tools - concrete mixer, heat gun, etc.
It should be remembered that rental will be in demand if you offer a large assortment of goods, preferably about 30 items. Also, the rental of construction equipment significantly diversifies the list of services. It must be of a professional type in order to be in demand by serious construction teams. It is better to take care of this long before you open a rental office. It is necessary to decide where the equipment and tools will be purchased. Get them in places where they provide warranty documents and discounts for bulk purchases.
Potential consumers
Clients generally fall into three main categories:
- Builders who are engaged in private repairs. The rental of tools from them is included in the estimated cost of the work. This category of clients is subject to mandatory instructing on safety and the use of electrical equipment, because not all builders turn out to be professionals in practice, they can easily break the rented goods.
- Private persons. This is the most problematic and frequently encountered category of tenants. They should be given a lot of attention, and a detailed briefing on all issues and a detailed study of the personality of the client should also be carried out.
- Legal entities, organizations. This category of customers usually breaks down their power tools. It is easy for a manager to work with such clients. Detailed instruction is not needed, experience is available.
We take into account the presence of risk factors
Be sure to include this item in your business plan. Tool rental involves the following main risk factors:
- It often happens that the tenants of a tool or equipment may be people who have absolutely no experience working with them. This means that there is a high probability of getting back an already broken device or, even worse, the client may injure himself if he uses it carelessly. To avoid these troubles, managers should provide detailed instructions on the use of tools and equipment. This is important.
- All rental points must have stands with instructions and operating rules. various tools and equipment, as well as normative documents safety precautions for their use. It is better to familiarize the consumer with these materials against signature.
- When concluding a lease agreement, the client must provide his passport, from which it is better to make a photocopy, so that in case of failure to fulfill the agreed obligations, an unscrupulous tenant can be easily found. Usually, rental points do not require a deposit, but it is better to insure yourself and still take 100% of the cost of the equipment. However, not everyone carries this amount with them. After all, for example, on average, an ordinary puncher costs about $ 1,000. Then, in this case, they are limited only to the insurance of tools, as well as determining the identity of the tenant.
When to expect return on investment?
As a rule, rental points provide their services on the terms of payment for the instrument by the day. average price rent for one unit of fixture for one day is about 9-10% of its cost. Usually, customers can take at least two types of any instrument per day. This is what ordinary builders do with small amounts of work. But large teams can rent ten units of a tool at once for a period of more than a week. The average payback period for one device is about six months.
It is better to open this business in summer period, more precisely, even from the beginning of May to the end of October. At this time, only the opened tool rental can be visited by about five to seven customers in one day. Toward the end of the year, demand will drop significantly. As a result, there will be only two or three customers a day.
The average cost of renting a tool per day will be about 500-600 rubles. As work experience is accumulated, in the coming year, the tool rental business will bring its owners daily 15 contracts worth about 1 thousand rubles each.
You can also sell along the way Consumables to various devices, freeing the customer from going to the store. It will be convenient for the tenant to purchase dowels, drills and much more directly at the tool rental point, and for you this will become an additional source of income.
If within six months from the date of opening this business, the average monthly income of the rental point is below one and a half thousand dollars, think about whether it is worth continuing to do this business. In this case, the tools can be sold for 50% of the cost, as well as stands and tables, having gained about 25% of the initial investment.
But let's not talk about sad things. Renting tools can bring a fairly stable income, if everything is well planned and attentive to customers, try to feel those who are ready to deceive. It would be nice to know about the arrangement of tools, because sometimes you have to rent them for up to 20 days a month, and you need to be ready for anything. If during the first year of work the entrepreneur will have enough money to pay salaries and rent premises, then we can assume that the business is a success, profit will soon come. It remains to wait quite a bit, you are on the right track.
Treaty
equipment rental No.
Moscow __________ "___" ______ 20__ .
referred to hereinafter landlord, represented by _________________, acting on the basis of ___________, on the one hand, and the federal state autonomous educational institution higher vocational education National Research University Higher School of Economics, hereinafter referred to as Tenant, represented by __________________ acting on the basis of _________________________, on the other hand, collectively referred to as Parties have concluded this Agreement as follows:
- Subject of the contract
- The Lessor provides the Lessee with temporary possession and use of __________________ (hereinafter referred to as the equipment) on the terms, in the manner and within the terms determined by the Parties in this Agreement, the Lessee undertakes to accept the equipment and pay the rent to the Lessor, as well as return the equipment to him in the manner and terms specified in this Agreement.
- The list and quantity of equipment provided under the Contract: _________________./ The list and quantity of equipment provided under the Contract are specified in Appendix No. 1, which is an integral part of the Contract
- Equipment rental period is: from ____ to __________.
- The Lessor delivers and transfers the equipment to the Lessee at:
- The lessor guarantees that the equipment is not pledged, not arrested, not encumbered by the rights of third parties.
- The order of acceptance and transfer of equipment
- Transfer of equipment for use to the Lessee is carried out _________________ according to the act of acceptance and transfer signed by authorized representatives of the Parties.
- Return of equipment to the Lessor is carried out according to the act of acceptance and transfer of equipment signed by authorized representatives of the Parties.
- The lessor is obliged to provide the equipment in good condition, with all necessary documentation attached.
Preparation of equipment for transfer to the Lessee is carried out at the expense of the Lessor. - Delivery and transfer of equipment to the Lessee at the address specified in clause 1.4. of this Agreement is carried out by the Lessor.
The date of fulfillment by the Lessor of the obligation to transfer the equipment for rent is the date of transfer of the equipment into the possession of the Lessee, namely the date of signing by the Parties under the Agreement of the acceptance certificate.
- The Lessee is not entitled to sublease the leased equipment, in free use transfer their rights and obligations under this Agreement to third parties.
- When the equipment is returned by the Lessee, the inspection of the equipment and its verification are carried out in the presence of representatives of the Lessee and the Lessor.
- The Lessee is obliged to comply with the technical, sanitary, fire and other requirements for using the equipment; operate the equipment in accordance with its intended purpose, established norms and rules of operation and the terms of this Agreement.
- The Lessee undertakes to return the equipment to the Lessor within one working day after the end of the lease term. Equipment must be returned in good condition, subject to normal wear and tear.
- AGREEMENT PRICE AND SETTLEMENT PROCEDURE
- The total price of the Agreement is: __________ (______________) rubles, including 18% VAT in the amount of _______ (__________) rubles.
- The contract price includes all possible costs of the Lessor related to the performance of the Agreement, including the costs of delivery of equipment, payment of VAT and other obligatory payments in accordance with the legislation of the Russian Federation.
- The landlord is not entitled to unilaterally increase the price of the Agreement during the term of its validity.
- Under this Agreement, the Lessee shall pay within ______ (_____) banking days, by bank transfer in rubles, on the basis of an invoice issued by the Lessor and an equipment acceptance certificate signed by the Parties under the Agreement. / Under this Agreement, the Lessee shall pay in the amount of ___ advance payment from the price of the Agreement until ___________ on the basis of the invoice issued by the Lessor. The remaining ___ of the price of the Agreement shall be paid upon the return of the equipment to the Lessor within _____ banking days on the basis of the invoice issued by the Lessor and the certificate of acceptance and transfer of equipment signed by the Parties under the Agreement.
Payment under the Agreement is made by bank transfer in rubles, by transfer Money to the Lessor's account.
3.5. The Lessee's obligation to pay for the lease of equipment is considered fulfilled after the funds are debited from the Lessee's account.
3.6. The Lessor has the right to demand from the Lessee, as confirmation of payment, a copy of the payment order with the bank's note on execution.
- Responsibility of the parties
- 1 For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
- 2 In the absence of advance payment within the period specified in clause 3.4 of this Agreement, the equipment is not transferred to the Lessee and the Agreement is considered terminated.
- 3 In the event of a shortage of equipment components or rendering them unusable by the Lessee, the Lessor has the right to recover from the Lessee the amount of damage, the amount of which is indicated by the Parties in the act of acceptance and transfer of equipment.
- 4 If the Lessor violates the deadline for transferring the equipment to the Lessee, the Lessor shall pay the Lessee a penalty in the amount of 0.5% (zero point five percent) of the Contract price for each day of delay or terminate the Contract unilaterally.
- 5. If the Lessee discovers that there are no remains of the leased equipment after its acceptance, completely or partially preventing its use, the Lessee, at its option, has the right to:
- — require the Lessor to eliminate such shortcomings or reduce the rent;
- - demand early termination of the Agreement.
- 6 In case of violation by the Lessee of the term for the transfer of equipment to the Lessor, specified in clause 2.8. of this Agreement, the Lessee pays the Lessor a penalty in the amount of 0.5% (zero point five percent) of the price of the Agreement for each day of delay.
- 6 Payment of the penalty (penalties, fines) does not release the Parties under the Agreement from the fulfillment of obligations under this Agreement.
- Special conditions
- The right to own and use the equipment arises from the Lessee after the equipment is transferred to him by the Lessor under the act of acceptance and transfer. From this moment on, the risk of accidental death, damage or loss of equipment lies with the Lessee.
- DISPUTES PROCEDURE
6.1. Disputes and / or disagreements that have arisen between the Parties in the performance of the terms of this Agreement shall be resolved through negotiations. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the Arbitration Court of the city of Moscow in the manner prescribed by law.
6.2. On all issues not regulated by this Agreement, but directly or indirectly arising from the relations of the Parties under it, affecting the property interests and business reputation of the Parties to this Agreement, the Parties will be guided by the law Russian Federation.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if the improper fulfillment of obligations by the Parties is caused by force majeure, i.e. extraordinary and unavoidable circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided. Such circumstances do not include, in particular, violation of obligations by third parties, lack of goods on the market necessary for the performance of the Agreement.
7.2. The Party that is unable to fulfill its obligations shall immediately inform the other Party in writing about the beginning and termination of the above circumstances, but in any case no later than 3 days after their commencement and termination, respectively.
7.3. Late notification or failure to notify of force majeure circumstances deprives the respective Party of the right to exemption from liability for failure to fulfill obligations due to these circumstances.
7.4. If a force majeure circumstance directly affected the fulfillment of obligations within the period specified in this Agreement, the deadline for fulfilling obligations is extended in proportion to the time of the relevant circumstance, but not more than 3 (three) months.
7.5. If force majeure circumstances last more than 3 (three) months, then each of the Parties has the right to terminate this Agreement, and in this case, none of the Parties is entitled to claim damages.
7.6. The proof of the presence of force majeure circumstances and their duration is the corresponding written certificate of the state authorities of the Russian Federation.
- CONTRACT TIME
8.1. The Agreement comes into force from the moment of its signing by the Parties and is valid until ________ year / until the Parties fulfill their obligations in full
8.2. Termination of the Agreement does not release the Parties from the obligation to indemnify for losses and pay penalties and other liability established by this Agreement and the legislation of the Russian Federation.
- Final provisions
9.1. All changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of both Parties.
9.2. All annexes are an integral part of this Agreement.
9.3. All messages, warnings, notifications and statements of the Parties during the execution of this Agreement shall be sent in writing by facsimile or Email or by mail, by registered mail with notification, followed by sending the original. At the same time, the Party - the sender must make sure that the Party - the addressee has received the sent message, warning or statement.
9.4. Neither Party has the right to transfer its rights under this Agreement to a third Party without the prior consent of the other Party.
9.5. This Agreement is made in two copies, having equal legal force, one copy for each Party.
9.6. In all other respects that are not provided for by this Agreement, the Parties shall be guided by the legislation of the Russian Federation.
9.7. Attached to the Agreement:
- Addresses and PAYMENT details of the parties
10.1. In the event of a change in the address or servicing bank, the Parties are obliged to notify each other within two working days.
LESSOR: ___________________ /__________ | TENANT:
________________ / ___________/ |
— regulates civil law relations, in which one party (the lessor) transfers equipment for temporary use to the other party (the lessee), for rent.The object of the equipment lease agreement are mechanisms, assemblies and devices that facilitate work and increase its productivity.
Equipment rental agreement- common practice in cases where:
- there is not enough free money to buy equipment;
— the need for specific equipment is temporary;
- the equipment is not used by the owner.
The equipment lease agreement has a number of features that, in order to avoid possible disagreements between the parties and further litigation, must be agreed upon by the parties when concluding the agreement.
- The contract must contain data that allows you to accurately identify the property that is transferred to the tenant (clause 3 of article 607 of the Civil Code of the Russian Federation). Allowed to do separate list leased equipment as an integral annex to the contract, in which to indicate in detail the name, serial number and individual characteristics of each piece of equipment.
- The contract must specify the purpose of using the equipment and the obligations of the lessor to provide the equipment in a condition suitable for such use (clause 1, article 611 of the Civil Code of the Russian Federation).
- The contract must specify which of the parties to the contract, when and at whose expense is obliged to carry out overhaul leased equipment. In the absence of such an indication, this obligation lies with the lessor (clause 1, article 616 of the Civil Code of the Russian Federation).
- Documents confirming the right of the lessor to lease the equipment must be attached to the contract.
The transfer of equipment must be carried out according to the act of acceptance and transfer, which indicates the results of checking the serviceability of the equipment and its technical condition.
Equipment lease agreement template
Treaty
equipment rental
G. …………………………."….." …………………. 20…..
……………………………………..…………, hereinafter referred to as the “Lessor”, and
…………………………….……………………………………………………………………….,
(full full name)
……………………………………………………………………………………. in the face
(name of company / individual entrepreneur)
……………………………………………, acting on the basis..…………………….
…………………. ) about the following:
1. The Subject of the Agreement
1.1. The Lessor provides the Lessee with the equipment owned by the Lessor for temporary possession and use, and the Lessee undertakes to pay the rent to the Lessor and, at the end of the contract, return the said equipment to him.
1.2 The list, characteristics and quantity of the transferred equipment are specified in Appendix No. 1, which is an integral part of the Agreement.
1.3. The "Lessor" guarantees that as of the date of conclusion of the Agreement, the equipment belongs to the "Lessor" by right of ownership, is not in dispute and under arrest, is not subject to pledge, is not encumbered by the rights of third parties.
2. Contract price and payment procedure
2.1. For the use of the equipment specified in clause 1.2 of this agreement, the Lessee pays the Lessor a fee in the amount of
……………………………………………………………………/……………… rub. per month.
(in words/numbers)
including VAT (18%) …………………………………………………/……………… rub. per month.
(not taxable) or (in words/numbers)
2.2. The transfer of the Rent payment by the Lessee to the settlement account of the Lessor is made on the basis of the invoice issued by the Lessor no later than ………… -th day of the month for which this payment is made.
2.3. The amount of rent during the entire term of this Agreement remains unchanged.
3. The order of acceptance and transmission of equipment
3.1. The transfer of equipment to the Lessee and the return of equipment to the Lessor is carried out according to the act of acceptance and transfer.
3.2. Equipment shall be delivered to the Lessee by ………………………………….… at the address: ..………………………………………………………….……… ……………………..
on their own and at their own expense.
3.3. The return of equipment to the Lessor is carried out by ………….…………………….… at the address: ..………………………………………………………….……… ……………………..
on their own and at their own expense.
4. Obligations of the parties
4.1. The lessor is obliged:
4.1.1. Transfer the equipment to the Lessee under the act of acceptance and transfer within ……….. days after signing the contract.
4.1.2. Transfer to the Lessee the documentation for the transferred equipment, necessary for its use.
4.1.3. Transferred equipment must comply with established standards.
4.1.4. The transferred equipment must be in good working order.
4.2. The tenant is obliged:
4.2.1. Pay rent on time and in full.
4.2.2. Use the equipment strictly for its intended purpose.
4.2.3. When using the equipment, observe the technical, sanitary, fire safety requirements, norms and rules of the current legislation.
4.2.3. Ensure the safety of transferred equipment.
4.2.4. Produce at your own expense Maintenance transferred equipment in the event of a malfunction that occurred through no fault of the Lessor.
4.2.5. The Lessee does not have the right to sublease the equipment to third parties.
4.2.6. After the expiration of the lease term or after the termination of the contract in case of its early termination, return the equipment to the Lessor according to the acceptance certificate in good condition, taking into account normal wear and tear within calendar ... .. days.
5. Liability of the parties
5.1. For failure to comply with the terms of this agreement, the parties are responsible, stipulated by the agreement and in accordance with the current legislation of the Russian Federation.
5.2. For the delay in the transfer of equipment to the Lessee, the Lessor pays the Lessee a penalty in the amount of ...... % of the amount of the monthly rent for each day of delay.
5.3. For the delay in the transfer of equipment to the Lessor, at the end of the lease term, the Lessee pays the Lessor a penalty in the amount of ...... % of the amount of the monthly rent for each day of delay.
5.4. For late payment of rent, the Tenant shall pay to the Landlord a penalty in the amount of ……% for each day of delay.
5.5. The equipment that is the subject of this agreement is not subject to retention by the Lessee in case of violation by the Lessor of obligations, both related to this property and not related to it.
6. Duration of the contract
6.1. The equipment lease agreement is concluded for a period from “….” ………..…….…. 20 ... on "...." ………..…………. 20 ... g.
6.2. If at the end of the term of the agreement neither of the parties has expressed a desire to terminate it, the agreement is automatically extended for the same period on the same terms.
7. Procedure for termination of the contract
7.1. Either party may terminate the contract unilaterally by notifying the other party in writing ………….. months in advance.
7.2. The agreement may be terminated by either party in the event of repeated violations by the other party of the terms of this agreement. In this case, the guilty party is obliged to compensate for all losses associated with the termination of the contract.
7.3. On other grounds provided for by the current legislation of the Russian Federation.
8. Final provisions
8.1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the parties or their duly authorized representatives.
8.2. All notices and communications must be in writing.
This agreement is made in two copies, one of which is with the Lessor, and the second one is with the Lessee.
Application:
1. List of equipment.
Addresses and details of the parties
LandlordTenant
Address…………………….…………… Address………..…………………………
TIN/KPP ……………………………. TIN/KPP …………………………….
Bank ………………………………….. Bank …………………………………..
………………………………………… …………………………………………
BIC …….…………………………….. BIC …………………………………..
r/s ……………….……………………. r/s …………………………………….
k/s ……….……………………………. k/s …………………………………….
…..………………….………. ………..……………………….
(signature)(signature)
m.p.m.p.
"….." ……………….. 20…. g. "….." ……………….. 20…. G.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor undertakes to provide for temporary use, and the Lessee undertakes to accept, pay for the use and promptly return the technical equipment in good condition, taking into account normal wear and tear in accordance with the nomenclature attached to the contract and being its integral part, accompanied by technical documentation (hereinafter referred to as equipment). Products and income received by the Lessee as a result of the use of the leased equipment are the property of the Lessee.
1.2. At the time of the conclusion of the contract, the leased equipment belongs to the Lessor on the basis of ownership, which is confirmed by "" 2019, is not pledged or arrested, is not the subject of claims by third parties.
1.3. The leased equipment is in a normal condition that meets the requirements for such equipment in accordance with the purpose of the leased object.
1.4. Without the consent of the Lessor, the specified equipment cannot be subleased or used by the Lessee to other persons.
1.5. The lessor has the right to demand termination of the contract and compensation for damages in cases when he establishes the facts of using the equipment not in accordance with the terms of the lease agreement or its purpose.
1.6. The Lessor shall be liable for deficiencies in the equipment leased by him under the contract, which completely or partially prevent its use, despite the fact that when renting it out (or when concluding the contract), the Lessor might not have known about the presence of these deficiencies.
1.7. In cases of material violation by the Lessee of the procedure for paying the rent (payment terms) established by the agreement, the Lessor may require the Lessee to pay the rent ahead of schedule within the period established by the Lessor, but not more than two consecutive scheduled payment terms.
1.8. The parties determined that the Lessee, who duly fulfilled its obligations under the contract, ceteris paribus, enjoys the pre-emptive right to conclude a lease agreement for new term after the expiration of this agreement.
1.9. The Agreement is considered concluded from the moment it is signed by the parties and the equipment is transferred to the Lessee under the acceptance certificate. The acceptance certificate indicates the accessories and spare parts of the equipment, keys, documents, etc.
2. PROCEDURE FOR THE PROVISION AND RETURN OF EQUIPMENT
2.1. The equipment is provided on time. The Lessee has the right to extend the lease term by , of which he is obliged to inform the Lessor no later than days before the end of the lease term.
2.2. The lessor is obliged to provide the equipment in good condition, complete, with checking of the devices and a mark on their compliance with the technical parameters.
2.3. The tenant allocates a representative to receive and return the equipment, who checks its good condition and completeness.
2.4. The Lessee's representative signs an obligation to return the equipment. The equipment is issued after the Lessor receives the Lessee's obligation to return the equipment and the paid invoice for the first quarter.
2.5. The Landlord is obliged to provide the Tenant with the necessary information, technical documentation, and, if necessary, send his specialist for training and familiarization with the rules technical operation equipment.
2.6. In the event of equipment failure due to reasons beyond the control of the Lessee, the Lessor is obliged to eliminate the breakdown or replace the failed item with a serviceable one within a period of time. This case is certified by a bilateral act. For the time during which the Lessee was unable to use the equipment due to its failure, no rent is charged and the lease period is extended accordingly.
2.7. If the equipment is out of order due to improper operation or storage by the Lessee, the latter shall repair or replace it at its own expense.
2.8. The Lessee is obliged to remove the equipment from the Lessor's warehouse and return it on his own and at his own expense.
2.9. The Lessee is not entitled to transfer the leased equipment for sublease, for gratuitous use, to transfer its rights and obligations under the contract to third parties, to pledge lease rights.
2.10. The tenant has the right to return the equipment ahead of schedule. The Lessor is obliged to accept the equipment returned ahead of schedule and return to the Lessee the appropriate part of the received rent, calculating it from the day following the day of the actual return of the equipment.
2.11. The period of equipment being leased is calculated from the day following the date of receipt of receipt.
2.12. When returning equipment, it is checked for completeness and technical inspection in the presence of the Tenant. In case of incompleteness or malfunction, a bilateral act is drawn up, which serves as the basis for filing claims. If the Tenant refused to sign the act, a corresponding note is made in the act, which is drawn up with the participation of a competent representative of an independent organization.
3. CALCULATIONS
3.1. The amount of rent for equipment is rubles quarterly.
3.2. The Landlord issues an invoice to the Tenant, which the latter is obliged to pay within days.
4. SANCTIONS
4.1. For late payment of rent within the period established by the agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of the debt for each day of delay.
4.2. For delay in the provision of equipment within the period specified in the order, the Lessor shall pay the Lessee a penalty in the amount of % for each day of delay, and for a delay of more than a day - an additional set-off penalty in the amount of % of the cost of the rent.
4.3. For late return of equipment or accessories constituent parts within the period specified by the order, the Lessee shall pay to the Lessor a penalty in the amount of % for each day of delay, and in case of delay of more than days - an additional set-off penalty in the amount of % of the cost of the equipment not returned on time.
4.4. If the equipment is not returned within days from the date of expiration of the term of use, the Lessee shall pay to the Lessor a multiple of the cost of this equipment.
4.5. When returning defective equipment damaged through the fault of the Lessee, which is confirmed by a bilateral act, he pays the Lessor the costs of its repair and a fine in the amount of % of the cost of the damaged equipment. If, upon returning the equipment, incompleteness is established, the Lessee shall reimburse the Lessor for the actual costs of purchasing the missing parts of the equipment and a fine in the amount of % of the cost of the missing parts.
4.6. For the transfer of equipment for use to other persons without the written permission of the Lessor, the Lessee shall pay the Lessor a fine in the amount of % of the cost of the equipment.
5. FORCE MAJOR
5.1. Neither party shall be liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.
5.2. The party that cannot perform its obligation must notify the other party of the impediment and its effect on the performance of obligations under the contract within a reasonable time.
6. FINAL PART
6.1. For everything else, no stipulated by the conditions of the agreement, the parties are guided by the current legislation of the Russian Federation.
The legal essence of rent and leasing
Under a lease agreement (regulated by Chapter 34 of the Civil Code of the Russian Federation), only individually defined items are allowed to be transferred, since it is the items transferred to the tenant that must then be returned to the lessor. The agreement on the provision of generic things is provided for by Art. 822 of the Civil Code of the Russian Federation and is called "commodity credit". Russian law allows you to include in the lease the conditions for the redemption of property, after which it becomes the property of the tenant.
In the field of equipment rental, a leasing agreement is in demand, to which paragraph 6 of the above-mentioned chapter of the Civil Code of the Russian Federation and the specialized federal law “On financial lease(leasing)" dated 10/29/1998 No. 164-FZ (as amended on 12/31/2014).
The peculiarity due to which the leasing agreement is singled out by the legislator within the lease agreement is that the landlord initially does not own the property that he will provide to the tenant. This property is acquired at the direction of the tenant from the seller named by him. Thus, in terms of its economic effect, leasing is close to a loan.
Equipment rental is the rental of movable property, which is usually intended for the production of any product, the provision of services or the conduct of specific activities (for example, commercial equipment). At the same time, the possession or lease of certain equipment may be prerequisite without which no work can be done. As a result, such an agreement is most often concluded between business structures.
Disputes between legal entities on the lease of production equipment
Analysis judicial practice helps prevent the occurrence typical problems resulting from an insufficiently thorough and thoughtful text of the lease agreement.
Among them:
- inconsistency of the subject of the contract;
- rent inconsistency.
A good example in this area is the definition Supreme Court RF dated March 6, 2015 in case No. 307-ES15-238, A56-75480/2012. Using the excessive complexity of the terms of the contract, the plaintiff tried to prove their inconsistency (for example, the absence of identifying features individual items in the list of transferred equipment). However, according to the court, the actual transfer of the subject of the lease agreement confirmed the consistency of the terms and that the agreement was concluded.
For an equipment lease agreement, formal compliance with the written form is less important than the actual agreement of the parties on the subject of the agreement and the actions taken by them to transfer the equipment.
Here is another example from judicial practice - the decision of the Arbitration Court Northwestern District No. F07-9821/2013 dated April 10, 2015 in case No. A21-1901/2013. Here, the bankruptcy trustee tried to have the equipment lease agreement declared invalid due to the fact that the rent seemed to him too high. However, the court refused to satisfy the stated claim, relying on the fact that the amount of rent is freely established by the parties and is not limited by law in any way.
When assigning a rent, the parties must be guided by the existing economic situation rather than striving to meet any standards.
Equipment lease agreement with acceptance certificate
When concluding an equipment lease agreement, a number of recommendations should be followed:
- It is important to determine the subject of the contract and at the same time accurately name the equipment. It is advisable to indicate any identifying features that make it possible to guarantee the return of this particular item, and not some similar one. This is necessary in order to prevent the occurrence of disputes at the moment when the performance of obligations under the contract is completed.
- It is necessary to carefully plan the work and indicate in the contract such a lease term that will be observed by the parties. If the period is too long, the lessor will be paid when the equipment is no longer in use. This is disadvantageous for the tenant and can lead to litigation. At the same time, if the lease period is insufficient, the contract can be extended, and the tenant has a pre-emptive right to do so, but the landlord may require new conditions for the rent to be established.
- The actual transfer of equipment to the tenant must be formalized with an acceptance certificate, which will become the most important evidence of the validity of the contract in case of a dispute.
Supplementing the contract with an act of acceptance and transfer and an indication in the text of the contract that this act is its integral part, an annex to it is one of key features conclusion of a transaction for the lease of equipment.
Thus, in the equipment lease agreement, it is necessary to address Special attention for an accurate description of the transferred individually defined equipment and price agreement, as well as an adequate rental period for the parties. A mandatory annex to such an agreement is an act of acceptance and transfer, confirming the actual nature of the relationship between the parties.
