Rental conditions

GENERAL TERMS AND CONDITIONS OF LEASE


1. General Provisions

1.1st These General Terms and Conditions of Lease (hereinafter: “General Terms and Conditions”) shall apply to all Agreements concluded via the Website.

1.2nd The Lessor declares that they have legal title to the Machines and are entitled to conclude the Agreement.

2. Lease Term

2.1st The Lease Term shall commence on the day and at the time specified in the Order.

2.2nd The Agreement shall be concluded for a finite time until the end of the Lease Term indicated in Order Confirmation. The Parties may agree that the Lease Term shall be

extended.

2.3rd The Lessee, at the latest within 48 hours prior to expiry of the Lease Term, may apply to the Lessor to extend the Lease Period. As an answer to the application, the Lessor

shall inform the Lessee about the possibility of extending the Lease Period and the terms and conditions thereof (in particular the term for which the Lease Term may be

extended, the amount of Rent for Lease), or inform them that extending the Lease Term is impossible.

2.4th Extension of the Lease Term shall be effected after the Lessee accepts the terms and conditions of extension of the Lease Term presented thereto by the Lessor and payment

of additional costs connected with extending the Lease Term by the Lessee, which shall be indicated in the information sent by the Lessor (including the Rent for Lease).

2.5th If the Lease Period is extended jointly by the Parties, the provisions of the Regulations shall apply accordingly.

3. Terms and Conditions of Execution of the First Order Placed via the Website

3.1st If the Lessee submits the first Order confirmed by the Lessor, it shall be executed in accordance with the following rules:

a) The Lessee shall be obliged to:

(1) appear at the Branch before the day of commencement of the Lease Period in person or through a person authorised thereby on the basis of a power

of attorney,

(2) pay the Rent for Lease and additional costs indicated in the Order Confirmation until the Lease Period commences,

b) Delivery of Machines to the Place of Use shall be executed solely by a transport company at the expense of the Lessee who shall incur the costs of delivery prior

to the Lease Period commencement date,

c) The Lessee shall be obliged to cover the costs of delivery of the Machines carried out by the transport company cooperating with the Lessor despite selecting the

option other than “Delivery and Collection” and “Delivery” when placing an Order.

d) Should the Lessee fail to meet the obligations set out in par. 3.1 (a) – 3.1 (c) above, the Agreement shall be terminated at the time of commencement of the Lease

Period.

3.2nd In the event of any discrepancies between the rules set out in this paragraph and the remaining provisions of the Regulations, the contents of the Order or the Order

Confirmation, the content of this provision shall apply.

4. Release of Machines

4.1st The Release of Machines by the Lessor shall be effected at a Branch indicated in the Agreement at the commencement of the Lease Term, unless the Lessee took

advantage of the additional delivery options (e.g. via a transport company) offered by the Lessor.

4.2nd If the Lessee uses the Delivery Service offered by the Lessor by selecting “Delivery and Collection” or “Delivery” on the Order Form, the Machines shall be delivered by a

transport company from the Branch to the Place of Use within the deadline indicating in the Agreement. In such a case, the Lessee shall cover the costs of delivery of the

Machines. The costs of delivery of the Machines shall each time be indicated in the Order Form when selecting the delivery option.

4.3rd If the Lessee chooses the “Collection” option, the Lessee shall collect the Machines from the Branch on their own.

4.4th The Lessee shall be obliged to ensure efficient unloading and loading of the Machines by their own means.

4.5th The Lessor shall release Machines that are in a good working condition, free from physical and legal flaws, allowed for use by the [Polish] Technical Supervision Office

[Urząd Dozoru Technicznego] along with their documentation.

4.6th The release of the Machines shall be confirmed by signing the Acceptance Protocol, which shall specify in particular the following information:

a) description of the Machines and indication of Additional Services used by the Lessee,

b) photographs of the Machines taken at the moment of their release,

c) date and time of the release of the Machines,

d) first and last name of the person authorised by the Lessee to collect the Machines,

e) technical condition of the Machines, including a description of all defects and damages to the Machines,

f) information on the condition of the meter, hours of operation,

g) information on additional items released along with the Machines, in particular the number of keys, operation manuals, technical conditions, maintenance rules,

certificates, etc.

h) information on the release of the Machines with full fuel tanks, the capacity of the tanks, and the amount of fuel in the tanks (if applicable to a Machine),

i) signature of persons authorised by the Lessee to collect the Machines and to release them over by the Lessor.

4.7th Along with the Machines, the Lessor shall release to the Lessee items necessary for the proper use of the Machines, in particular keys, operation manuals, technical

conditions, maintenance rules, certificates, and other necessary documents (hereinafter: Technical Documentation).

4.8th Machines that require, e.g. access to liquid fuel, oils, water, cooling fluids, for proper operation shall be released to the Lessee by the Lessor with full fuel tanks and with an

appropriate amount of oils and fluids.

4.9th If the delivery of the Machines is performed by a transport company, the person authorised to sign the Acceptance Protocol on behalf of the Lessor shall be the person

delivering the Machines.

4.10th Should the Lessor not collect the Machines in person, they shall, prior to commencement of the Lease Term and release of the Machines, provide the Lessor with the

power/powers of attorney for the person/persons authorised to collect the Machines. The power of attorney may be sent to the Lessor’s email address or uploaded to a relevant

panel at the Lessee’s Account.

4.11th If the delivery option is selected, the Lessee shall ensure that during the date of delivery of the Machines to the Place of Delivery, persons authorised to collect the Machines

be present at the indicated Place of Delivery. In the absence of such persons, the Lessor shall not be liable for any delay in the release of the Machines.

5. Rent for Lease

5.1st For Devices equipped with an hours of operation meter, the Rent for Lease shall include 8 hours of operation of the Device per 1 calendar day, provided that the first

calendar day of the Lease Term shall commence on 9:00 am and the last calendar day of the Lease Term shall end at 5:00 pm.

5.2nd Settlement of the Lessee’s hours of operation limit during the Lease Term shall be effected by calculating the difference between the number of hours of operations with the

Machine meter reading at the time of their return and the number of hours of operation in accordance with the Machine meter reading at the time of their release. The

number of hours of operation taken from the Machine meter shall be included in the Acceptance Protocol and the Return Protocol.

5.3rd If the Lessee exceeds the hours of operation limit available thereto based on the Agreement, the Lessee shall incur an additional fee per each hour of operation in accordance

with the Fee Table - fees for additional hours of operation constitute Appendix no. 2 to the Regulations.

5.4th In case of Devices without hours of operation meters, the Rent for Lease shall be the equivalent for use of the Devices throughout the Lease Term.

6. Terms and Conditions of Using the Machines

6.1st Without the written consent of the Lessor, the Lessee may not change or remove any signs and guidelines concerning the right of ownership and logotypes placed on the

Machines.

6.2nd The Lessee shall not have the right to place any of their markings on the Machines without the written consent of the Lessor.

6.3rd The Lessee shall use the Machines only in a way that is in line with their properties, purpose, particularly with the Technical Documentation and the Lessor's instructions.

6.4th The Lessee undertakes to make the Machines available only to persons who have appropriate qualifications to use them, in particular hold relevant certificates, diplomas,

credentials, driving licences and other mandatory authorisations described in generally applicable provisions of law to operate and use the Machines, and who are in a

condition enabling safe use of the Machines in accordance with the provisions of law. At each request of the Lessor, the Lessee shall be obliged to present the

aforementioned documents to the Lessor.

6.5th The Lessee represents that they are aware of the health and safety regulations applicable to the use of the Machines and undertakes to comply with them, also in relation

to all persons performing works with the use of the Machines at the request of the Lessee, regardless of the form of a legal relationship between them and the Lessee.

6.6th The Lessee shall obtain, at their own expense, all permits and approvals required by generally applicable provisions of law, if they are necessary for the use of the Machines

by the Lessee or by third parties.

6.7th The Lessee may not lease the Machines for use free of charge nor sublease or hand them over for use on any other basis without an explicit prior written consent of the

Lessor.

6.8th The Lessee shall have the right to inspect the technical condition of the Machines throughout the term of the Agreement. For this purpose, the Lessee shall make the

Machines available to the Lessor at each request thereof.

6.9th The Lessee being an Entrepreneur shall undertake actions aimed at preventing theft of the Machines. In particular, they should store the Machines in locked rooms,

inaccessible to unauthorised persons and adequately secured by e.g. using locks.

Bergerat Monnoyeur Sp. z o.o, ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki

Spółka zarejestrowana w Sądzie Rejonowym dla m. St. Warszawy, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego

KRS: 0000021439, Regon: 012022794, NIP: 778-00-22-310, Kapitał Zakładowy: 9 922 750 zł

6.10th The Lessee shall not transport, transfer, use, or operate the Machines outside the Republic of Poland.

6.11th The Lessee shall use the Machines at the Place of Use only. The Place of Use may be changed only after obtaining a prior written consent of the Lessor.

7. Maintenance and Repair of the Machines by the Lessor

7.1st The Lessor shall carry out regular, periodic inspections of the Machines at their own expense, with the frequency and on the terms and conditions set out in the Manual,

hereinafter referred to as: “Inspections”. The Lessor shall provide at their own expense, filters, gaskets, oils, lubricants, and inhibitors required to carry out the Inspections.

7.2nd In the event of any breakdown of or damage to the Machines, the Lessee shall notify the Lessor about this fact within 24 hours of discovering such a breakdown or damage.

7.3rd Following a notification about breakdown of or damage to the Machine, the Lessor shall proceed with restoring its operable condition.

7.4th Should it be necessary to repair the Machines, the Lessor shall exercise due diligence in order to remove the failure as soon as possible. The standard repair readiness of

the Lessor applies to business days during the opening hours of the Lessor's Branch (Monday to Friday from 8:00 am to 4:00 pm). The deadline for repair of the Machines

shall depend on the type of defect or damage.

7.5th The Lessor shall repair any given Machine at their own expense, unless the breakdown or damage arose due to causes attributable to the Lessee. In such a case, the

Lessor shall charge the Lessee with the costs of repair and the Lessee hereby accepts this possibility.

7.6th The Lessee shall not make any repairs that would be charged to the Lessor on their own or at the expense of the Lessor.

7.7th The Lessee shall notify the Lessor of the upcoming date of the Inspection at least 3 business days in advance. The Lessee shall make the Machine available to the Lessor

for the period of Inspection. The condition of the Machine must allow for its Inspection. The Lessor shall provide access to the necessary utilities if necessary.

8. Operation and Maintenance Activities on Part of the Lessee

8.1st The Lessee shall:

a) regularly check the level of operating fluids of the Machines, including oils, coolants, hydraulic fluid, and fuel, and refill such liquids in line with the principles set out

in the Manual and in accordance with the guidelines of the Manufacturer of such liquids;

b) use only the fuel that is appropriate for a given type of engine of a Machine;

c) use fuel refiners if necessary;

d) replace parts that are beyond reasonable wear and tear, such as cutters, teeth, battens, ploughshare cutters, and replace tyres in the event of their damage or

wear and tear.

The activities referred to above in let. (a) to (d) shall be collectively referred to as: “Operation Activities”.

8.2nd To clarify, the Parties declare that as part of the Operation Activities, the parts of a Machine shall be replaced by the Lessee and at their own expense with original, brand

new parts purchased in licensed points of service of the Machine's producer or other points that are accepted by the Lessor. At request of the Lessee, the Lessor may – at

the expense of the Lessee – carry out the Operation Activities that shall be charged to the Lessee. The costs of Operation Activities carried out by the Lessor shall be

agreed by the Parties under a separate agreement.

8.3rd The Lessee shall not (a) refill liquids (with the exception of fuel) using liquids other than official liquids or liquids recommended by the Machine's producer, unless the

producer of a given operating fluid explicitly states that it is possible to blend such fluid with the original fluid used in the Machine, (b) use fuel of unknown origin, fuel that is

not supposed to be used with the Machine's engine, or use any additives, save for refiners.

8.4th Any changes to the Machine by the Lessee is prohibited unless the Agreement or Regulations expressly state otherwise. A change in the Machine has a wide meaning as

construed by the Parties and includes in particular each and every removal or modification of the Machine's parts or the Machine itself or adding or installing any components

or parts in the Machine.

8.5th The Lessor may inspect whether the Lessee observes the provisions of this paragraph, in particular in terms of the quality of fuel used by the Lessee. The Lessee shall

make the Machines available to the Lessor for inspection purposes on every demand issued by the Lessor. If the inspection results in ascertaining that the provisions of this

paragraph have been breached, the Lessee shall cover the costs of the inspection and the damage created in result of improper operation of the Machines, including in

particular the use of improper fuel.

9. Insurance

9.1st The Lessor declares that the Machine shall – throughout the term of the Agreement – be insured at the cost and effort of the Lessor against loss or damage. The Lessee

shall immediately inform the Lessor about any loss of or damage to the Machine and cooperate in the process of loss adjustment, in particular by submitting relevant

information and documents that are required by the insurer and undertake any and all steps in order to prevent the damage from increasing.

9.2nd The Lessee represents that they are aware of the requirements of the Machines’ insurer related to their operation and storage as well as the requirements pertaining to

insurance protection and undertakes to strictly comply therewith. The General Terms Conditions of Insurance constitute Appendix no. 3 to the Regulations (“General

Terms and Conditions of Insurance”).

10. Liability

10.1st The risk of accidental loss of or damage to the Machines shall be transferred to the Lessee in the following circumstances:

a) in the case of a Consumer - at the time of release of the Machines by the Lessor at the Branch or delivery thereof by a transport company, which shall be confirmed

by signing the Acceptance Protocol,

b) in the case of an Entrepreneur - at the time of release of the Machines by the Lessor at the Branch or the time of their transfer to the transport company for delivery,

10.2nd The Lessee shall be liable for damages, failures and consequences thereof, including the costs of repair or renovation of the Machines and/or their equipment if the necessity

of such repairs and renovations arose due to reasons attributable to the Lessee resulting from the operation of the Machines contrary to the Agreement, the Regulations,

including the General Terms and Conditions, the provisions of law, the principles of use of the Machines, operation manuals, as a result of use by persons without appropriate

qualifications. The occurrence of any defect in the Machines due to reasons attributable to the Lessee shall not release the Lessee from the obligation to pay the Lease Rent

to the Lessor.

10.3rd In the case of Agreements where the Lessee being the Customer is a Party:

a) In no event shall the Lessor be liable for any damages to the Lessee caused by and/or related to downtime of the Machines. At the Lessee's request and, as far

as possible, the Lessor shall exercise due diligence to provide the Lessee with substitute Devices and Accessories constituting the Machines. If substitute Devices

and Accessories have been delivered in connection with the immobilisation of the Machines due to reasons attributable to the Lessee, replacement equipment

shall be made available for a fee, regardless of the Rent for Lease of the Machines which are to be repaired. If replacement equipment is not returned to the Lessor

on the next day after the completion of repair of the Machines, replacement equipment shall be used for a fee, according to the rates applicable to the Machines.

The provisions of this Agreement relating to the Machines shall apply accordingly to replacement equipment.

b) In the event of damage to the Machines as a result of circumstances attributable to the Lessee, the Lessee shall cover the costs of repair, i.e. labour and spare

parts. The value of damage shall be measured by the Lessor on the basis of current prices of spare parts and labour necessary to remove it. If, due to the loss of

or damage to the Machines by the Lessee, the Lessor incurs a loss in connection with civil liability towards third parties for default on previously concluded

agreements, the Lessee shall remedy the damage suffered by the Lessor.

c) The liability of the Lessor towards the Lessee, including both contractual liability and tort liability, shall be limited to direct and actual damage – with the exception

of lost profits – resulting from wilful misconduct or gross negligence. In addition, such liability shall be limited to a maximum of 12 months’ Rent in relation to a

single as well as all events.

d) If the Machines are returned to the Lessor in a deteriorated condition in relation to the condition described in par. 11.3 below, the Lessee shall pay compensation

to the Lessor in the amount equal to the costs of bringing the Machines back to the condition in which they were to be returned to the Lessor and potential costs of

new parts that must be installed if it is not possible to repair damaged parts. This applies, in particular, to damages resulting from fault of the Lessee or that of third

parties.

e) If defects or damages are discovered in the Machines after their return and signing the Return Protocol due to circumstances attributable to the Lessee, in particular

due to the use of the Machines contrary to the Agreement, the Lessee shall be obliged to cover the costs of repairing such defects and damages.

11. Terms and Conditions for Returning the Machines

11.1st If the Lessee chooses the “Delivery” option, the Lessee shall return the Machines to the Lessor's Branch within the deadline specified in the Agreement.

11.2nd If the Lessee chooses the “Delivery and Collection” or “Collection” option, the Machines shall be collected from the Lessee by a transport company from the Place of Use and

delivered to the Branch.

11.3rd The Lessee shall return the Machines in a non-deteriorated condition. However, the Lessee shall not be liable for the wear and tear of the items as a result of proper use.

11.4th In particular, the Machines should be clean.

11.5th The Machines should be returned to the Lessor in a complete condition (along with the original additional equipment delivered by the Lessor, Items handed over along with

the Machines, and Technical Documentation) and not deteriorated, taking into account normal wear and tear.

11.6th The return of the Machines shall be confirmed by signing the Return Protocol, which shall specify in particular the following information:

a) description of the Machines and photographs taken at the moment of their return,

b) date and time of the return of the Machines,

c) first and last name of the person authorised by the Lessee to return the Machines,

d) technical condition of the Machines, including a description of all defects and damages to the Machines,

e) number of hours of operation,

f) information on the amount of fuel in the tank (if applicable to a given Machine),

Bergerat Monnoyeur Sp. z o.o, ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki

Spółka zarejestrowana w Sądzie Rejonowym dla m. St. Warszawy, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego

KRS: 0000021439, Regon: 012022794, NIP: 778-00-22-310, Kapitał Zakładowy: 9 922 750 zł

g) signatures of persons authorised by the Lessor to collect the Machines and persons authorised by the Lessee to return them.

11.7th If the delivery of the Machines is performed by a transport company, the person authorised to sign the Return Protocol on behalf of the Lessor shall be the person delivering the

Machines.

11.8th Should the Lessee return dirty Machines and they would need to be cleaned, the Lessor shall clean the Machines and charge the Lessee with the costs of cleaning in accordance

with the price list constituting Appendix no. 4 Price List for Cleaning the Machines by the Lessor, unless the Lessee used the Additional Service “Cleaning of the Machines by the

Lessor”.

11.9th In the event that the Lessee returns the Machines without refuelling, the Lessor shall refuel the Machines and charge the Lessee with the related costs in the amount of PLN 7.35

gross/litre, unless the Lessee used the Additional Service “Returning the Device Without Refuelling”.

11.10th In the event of failure to return the Machines within the deadline specified in the Agreement and in the absence of other arrangements between the Parties, the Lessor shall have

the right to charge the Lessee with a contractual penalty in the amount equal to 150% of the daily Rate for Lease applicable on the last day of the Lease Term for each day of

delay in returning the Machines. The Lessor shall have the right to pursue claims exceeding the amount of the stipulated contractual penalty on general terms.

11.11th Notwithstanding the right specified in par. 11.8, the Lessor shall have the right to remotely shut down the ignition in the Machine, preventing the Lessee from starting the engine

(hereinafter: “Remote Machine Ignition Shutdown”).

12. Termination of the Agreement

12.1st The Lessor shall have the right to terminate the Agreement with immediate effect in the following cases:

a) Use of the Machines by the Lessee outside the Republic of Poland without prior written consent of the Lessor,

b) Use of the Machines by the Lessee in a manner contrary to the Agreement, of which these General Terms and Conditions are a part of, or in a manner contrary

with their intended use, and despite a written request the Lessee does not cease to use the Machines in such a way, or when the Lessee neglects the Machines

to the extent that they are exposed to loss or damage, which also means that the Machines are not properly secured.

c) the risk of insolvency of the Lessee or when the Lessee filed a petition for bankruptcy or filed a petition for deletion from the register of business entities or adopted

a resolution on dissolution of the company and opening liquidation proceedings, or when a compulsory administration is established over the Lessee's enterprise.

12.2nd If, at the time of release of the Machines to the Lessee, there were defects that prevented the use of the Machines provided for in the Agreement, or if such defects occurred

later, and the Lessor did not remove them within an appropriate time or, if the defects cannot be removed, the Lessee may terminate the lease without notice.

12.3rd Each of the Parties may terminate the Agreement with a 2-day notice.

12.4th A notice of termination or dissolution of the Agreement may be delivered electronically to the address indicated by the Parties. These documents shall be deemed to have

been delivered on the date of sending to the e-mail address.

VII. COMPLAINT

1. The Lessor shall be liable to the Lessee for physical or legal defects of the Machines (warranty), in accordance with the principles set out in the [Polish] Civil Code.

2. If the Machines had defects that limit their usefulness for the agreed purpose, the Lessee may demand that the Rent be reduced accordingly for the duration of the defects.

3. The Lessee shall not be entitled to claim a reduction in the Rent for Lease due to defects in the leased Machines, nor have the right to immediately terminate the Agreement, if at

the time of conclusion of the Agreement the Lessee was aware of the defects.

4. Under the statutory warranty, the Lessee shall have the right to file a complaint.

5. The complaint may be submitted in writing to the address for service of the Lessor or via e-mail: bm-rent@bm-rent.pl

VIII. TECHNICAL REQUIREMENTS

1. To use the Website, it is recommended to meet the following technical requirements in terms of interoperability with the ICT system:

a) terminal device with Internet access and web browser, e.g. Internet Explorer, Chrome, Mozilla Firefox, Opera, Safari,

b) in case of placing Orders and Registration having access to e-mail is necessary,

c) enabled JavaScript and Cookies support;

d) installed FlashPlayer.

IX. PROVISION OF SERVICES ELECTRONICALLY

1. The Service Provider provides the following Services Electronically via the Website (hereinafter: “Services”).

1.1st setting up and keeping the Account on the Website,

1.2nd enabling the placement of an Order via the Order Form.

1.3rd Newsletter.

1.4th Contact Form.

2. Providing Services electronically to the Service User being the User, sans a Service consisting in enabling an Order to be placed via the Order Form, which can be used by the

Customer.

3. The provision of Services Provided Electronically by the Service Provider shall be free of charge.

4. After confirming setting up the Account by clicking the activation link, an agreement for the provision of services electronically is concluded between the Service Provider and the

User, concerning the use of the Account. This agreement shall be concluded for an indefinite period.

5. The User may, at any time and without providing any reasons, delete the Account from the Website by using the “Delete Account” option available after logging in to the Account.

The Account may also be deleted by sending a relevant request to the Service Provider, in particular via email or in writing to the Service Provider's registered office which shall

include the email address used in the Registration process. In such a case, the Service Provider shall delete the Account immediately after receiving such a request.

6. The Service Provider shall have the right to terminate the agreement for providing Account Services with a 3-day notice only for important reasons such as the User consistently

breaching their obligations defined in this Chapter if the Service Provider has previously called the User to cease said breach and set an additional 3-day deadline and the User

failed to comply despite that deadline expiring.

7. The Service provider may submit the declaration on terminating the Account Service Agreement to the User’s email address provided by the User.

8. The result of expiry of the Account Service Agreement shall be blocking and deleting the User’s Account, however it does not influence the rights accrued by the User prior to expiry

of the Agreement.

9. The Electronic Service Agreement consisting in making it possible to place an Order shall be concluded by filling in the data indicated in the Order Form as mandatory, accepting

the Regulations and the Privacy Policy and Cookies Policy, and clicking “Order and Pay”.

10. After providing their first and last name, email address and, voluntarily, the content of the message, the Service User may use the Contact Form through which they may contact the

Service Provider free of charge. Concluding the Electronic Service Agreement shall, in such a case, be effected by providing the data indicated in the Contact Form as mandatory,

accepting the contents of the Regulations and the Privacy and Cookies Policies, and clicking “Send”.

11. The Electronic Service Agreement as part of use of a specific form (Order Form and Contact Form) shall be concluded at the moment the User uses said form. The Electronic Service

Agreement shall be terminated automatically each time after the User has used the specific form.

12. The User shall use the Website in a manner consistent with the law and good practices, respecting personal rights and intellectual property rights of third parties. The User may not

upload illegal content to the Website.

13. The Service User may file complaints related to the provision of Services electronically via the Website by sending an e-mail to the following address: bm-rent@bm-rent.pl or in

writing to: ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland. The Service Provider shall handle complaints without delay, but in any case not later than within 14

days from the day on which the complaint was filed. The complaint shall include the data of the person filing the complaint, necessary to send information on the outcome of the

complaint handling process, a description of the irregularity in the Services Provided Electronically, and what are the expectations towards complaint settlement. The Service Provider

shall respond to the Complaint to the e-mail address provided by the Service User or in another manner agreed by the Parties. The Service Provider shall communicate the result of

the complaint handling process in writing or via email to the address provided in the notification

14. It shall be forbidden to use the Website in an unlawful manner disrupting its operation, in particular by using software or devices and sending or placing commercial information that

has not been ordered on the Website.

15. The Service Provider shall have the right to block access to the Website or a part thereof for important reasons, including in particular if irregularities are found in the way the Website

is used, or if circumstances arise that could expose the Service Provider or Service User to damage.

16. Fulfilling the obligation defined in Art. 6 (1) of the Act of 18 July 2002 on the Electronic Provision of Services (Dz. U. [Polish Journal of Laws] of 2002, no. 144, item 1204, as

amended), the Service Provider hereby informs that making use of the Services is connected with transmitting data via the Internet, and for this reason, it bears a risk unique to this

network.

Bergerat Monnoyeur Sp. z o.o, ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki

Spółka zarejestrowana w Sądzie Rejonowym dla m. St. Warszawy, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego

KRS: 0000021439, Regon: 012022794, NIP: 778-00-22-310, Kapitał Zakładowy: 9 922 750 zł

X. NEWSLETTER

1. In order to use the Newsletter Service, Internet access and an active e-mail address are necessary, however it is not necessary to meet specific technical requirements apart from

the possession of a standard operating system and a standard web browser.

2. The Newsletter Service consists in the Service Provider sending messages containing information about the offer (including information about promotions) of the Website by the

Service Provider to the e-mail address.

3. Commencement of the Newsletter Service shall take place after the conclusion of the Newsletter Service Agreement, which shall be concluded by the User providing their e-mail

address, accepting the Regulations and the Privacy and Cookies Policies, and clicking the “Subscribe” button. Clicking the selected button will result in sending the activation link to

the e-mail address provided by the User. Clicking on the link activates the provision of the Newsletter Service.

4. The Newsletter Service shall be free of charge.

5. The Newsletter Service Agreement shall be concluded for an indefinite period.

6. The User who uses the service shall have the right to terminate the Newsletter Service Agreement. The termination shall be effective immediately. The termination shall be effected

by sending a statement in this regard to the e-mail address bm-rent@bm-rent.pl, by post to the Service Provider's address indicated in the Regulations, or by means of a link enabling

cancellation of the Newsletter subscription contained in the e-mail in which it is sent.

7. The Service Provider may suspend or terminate the provision of the Newsletter Service upon prior notification of the Users to the provided e-mail addresses.

8. The Service Provider shall have the right to delete an incorrect or non-existent e-mail address provided by the User using the Newsletter Service.

XI. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

1. Detailed information on the possibility of the Consumer taking advantage of extrajudicial methods of handling complaints and pursuing claims, as well as the rules of access to these

procedures are available at the registered offices and on the websites of powiat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer

protection, Voivodeship Inspectorates of the Trade Inspection Authority, and the Office of Competition and Consumer Protection.

2. The Consumer shall have the following exemplary options of taking advantage of extrajudicial ways of handling complaints and pursuing claims:

2.1st The Consumer may receive free assistance in resolving the dispute between themselves and a Seller, by taking advantage of the free aid of a powiat (municipal) consumer

ombudsman or a social organisation whose statutory tasks include consumer protection;

2.2nd The Consumer shall have the right to apply to a Permanent Consumer Arbitration Court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection

Authority (Dz.U. [Polish Journal of Laws] of 2018, item 1930), for the resolution of the dispute arising from the concluded Agreement. The rules of organisation and operation

of Permanent Consumer Arbitration Courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of

permanent consumer arbitration courts. (Dz.U. [Polish Journal of Laws] of 2001 no. 113, item 1214);

2.3rd The Consumer shall be entitled to request the Voivodeship Inspector of the Trade Inspection Authority, in accordance with Article 36 of the Act of 15 December 2000 on the

Trade Inspection Authority (Dz.U. [Polish Journal of Laws] of 2018, item 1930), to initiate mediation proceedings concerning the amicable settlement of the dispute between

the Consumer and the Seller. Information on the rules and procedure of mediation conducted by the Voivodeship Inspector of the Trade Inspection Authority is available at

the offices and on the websites of individual Voivodeship Inspectorates of the Trade Inspection Authority.

XII. WITHDRAWAL FROM THE AGREEMENT

1. Pursuant to Article 27 of the [Polish] Act on Consumer Rights, the Consumer who has entered into a Distance Agreement, in particular the Agreement, may withdraw therefrom

without stating the reason and without incurring any costs, except for the costs specified in Article 33, Article 34.2 and Article 35 of said Act, by submitting an appropriate written

statement within 14 days from the date of conclusion of the Agreement. It shall be sufficient to send a statement prior to the expiry date. The statement may be sent electronically

to: bm-rent@bm-rent.pl or by post to the following address: ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki, Poland.

2. The statement may be submitted on a form constituting Appendix no. 5 to the Regulations.

3. Immediately after receiving the Consumer's statement of withdrawal from the Agreement, the Lessor shall confirm its receipt by sending a confirmation to the e-mail address provided

with the Order or indicated as contact on the submitted statement of withdrawal from the Agreement.

4. If the Consumer submits a statement of withdrawal from the Agreement before the entrepreneur has accepted the Consumer’s offer, the offer shall no longer be binding.

5. In the case of withdrawal from a Distance Service Agreement commenced with the Consumer's consent before the expiry of the period of withdrawal from the Agreement, the

Consumer shall be obliged to pay for the services provided until the moment of withdrawal from the Agreement.

6. The amount to be paid shall be calculated proportionately to the scope of what has been provided or supplied, taking into account the price or remuneration agreed upon in the

Agreement. If the price or remuneration is excessive, the basis for the calculation of that amount shall be the market value of what has been provided or supplied.

7. In the event of withdrawal from the Agreement, it shall be deemed not concluded.

8. The Consumer shall be obliged to return the Machines immediately, no later than 14 days from the date on which the Consumer withdrew from the Agreement.

9. The Consumer shall return the Object of the Agreement from which they have withdrawn at their own risk and shall bear the shipping cost.

10. The Consumer shall be liable for a reduction of the value of the Machines resulting from the use thereof in a manner exceeding what is needed to ascertain the nature, characteristics,

and functioning of the Machines.

11. The Lessor shall immediately, not later than within 14 days from the receipt of the statement of withdrawal from the Agreement by the Consumer, reimburse the Consumer for all

payments made thereby, including the cost of delivery of the Machines, provided that if the Consumer chooses a method of delivery of the product other than the cheapest standard

method of delivery offered by the Seller, the Lessor shall not be obliged to reimburse the Consumer for any additional costs incurred thereby.

12. The payment shall be returned using the same payment method as used by the Lessee in the original transaction, unless the Lessee expressly agreed to another solution. In any

case, the Lessee shall not be charged with any fees in connection with the reimbursement.

13. The Lessor may withhold the return of the payment received from the Consumer until the moment the item is returned or the Consumer submits a proof of its return, depending on

which event occurs earlier.

14. In relation to Agreements concluded off the premises of the enterprise or Distance Agreements, in accordance with Article 38 of the [Polish] Act on Consumer Rights, the Consumer

shall not have the right to withdraw from the Agreement in the following cases:

14.1st for the provision of Services, if the Entrepreneur has provided the Service in full with the express consent of the Consumer who has been informed before the commencement

of the service that after the provision of the service by the Entrepreneur, they shall lose the right to withdraw from the Agreement

14.2nd where the price or remuneration depends on fluctuations in the financial market over which the Lessor does not exercise control and which may occur before the expiry of the

deadline for withdrawal from the Agreement;

14.3rd where the Subject of the Service is a non-prefabricated item, manufactured in accordance with the Consumer's specification or used to satisfy their individualised needs;

14.4th where the Subject of the Service is an item which is liable to deteriorate or expire rapidly;

14.5th where the Subject of the Service is an item delivered in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene

reasons, if the package has been opened after delivery;

14.6th where the Subject of the Service are items which, after delivery, due to their nature, are inseparably connected with other items;

14.7th where the Subject of the Service are alcoholic beverages whose price has been agreed upon when concluding the sales agreement, and the delivery of which may take place

only after 30 days and whose value depends on fluctuations on the market over which the entrepreneur has no control;

14.8th where the Consumer explicitly requested the entrepreneur to arrive at the Consumer’s place of business to make urgent repairs or conduct maintenance; if the entrepreneur

additionally provides services other than those requested by the Consumer or supplies goods other than spare parts necessary to perform repairs or maintenance, the

Consumer shall have the right to withdraw from the Agreement with regard to additional services or items;

14.9th where the Subject of the Service are audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;

a) on delivery of journals, periodicals, or magazines, except for subscription agreements;

b) concluded at a public auction;

c) for the provision of accommodation services, other than for residential purposes, transport of goods, rental of cars, catering, leisure services, entertainment, sports

or cultural events, if the Agreement specifies the date or period of service provision;

d) for the provision of digital content which is not recorded on a tangible medium, if the provision of the service began with the express consent of the Consumer

before the expiry of the deadline for withdrawal from the Agreement and after the entrepreneur has informed them about the loss of the right to withdraw from the

Agreement.

XIII. PERSONAL DATA

Bergerat Monnoyeur Sp. z o.o, ul. Modlińska 11, Izabelin-Dziekanówek, 05-092 Łomianki

Spółka zarejestrowana w Sądzie Rejonowym dla m. St. Warszawy, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego

KRS: 0000021439, Regon: 012022794, NIP: 778-00-22-310, Kapitał Zakładowy: 9 922 750 zł

1. Any and all information concerning the processing of personal data by the Lessor, including that of the personal data controller, purpose, scope, processing period are included in

the Privacy and Cookies Policies available at www.bm-rent.pl

XIV. FINAL PROVISIONS

1. The Regulations shall be effective from the date of their publication on the Website.

2. The Lessor/Service Provider reserves the right to amend the Regulations for important reasons including:

2.1st amendment of binding law,

2.2nd organisational reasons, in particular:

a) change in the scope of the operations conducted by the Lessor/Service Provider in the form of changing their profile, introducing new services or facilities (including

those connected with concluding and terminating agreements),

b) amendment of the rules of concluding, executing, and terminating Agreements,

c) change in the scope of: address data, name, or legal form of the Lessor/Service Provider,

d) change in the scope of payment methods, manner of delivery,

e) amendment of principles of personal data processing,

f) other technical changes connected with Store operations.

3. Each User shall be informed about amendments to the Regulations by way of publication of relevant information on the Website at www.bm-rent.pl.

4. The User who has an Account shall be notified about Regulations amendments by sending the relevant information to their email address. The User who subscribed to the Newsletter

shall be notified about Regulations amendment by sending the relevant information to their email address.

5. Regulations amendment shall become effective for a given User no earlier than after expiry of 7 calendar days from the moment said User was informed about the Regulations

amendment in an appropriate manner.

6. In matters not regulated in these Regulations, the provisions of law in force in the Republic of Poland shall apply, and in particular:

6.1st provisions of the [Polish] Civil Code,

6.2nd provisions of the Act of 30 May 2014 on Consumer Rights (Dz.U. [Polish Journal of Laws] of 2017, item 683),

6.3rd provisions of the Act of 18 July 2002 on the Electronic Provision of Services (Dz. U. [Polish Journal of Laws] of 2017, item 1219, as amended),

6.4th provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing

of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”).

7. The provisions of these Regulations do not exclude or limit any rights of the Lessee who is simultaneously a Consumer within the meaning of the provisions of the [Polish] Act of 23

April 1964 - Civil Code, which they are entitled to under mandatory provisions of law. If the provisions of these Regulations are inconsistent with those mentioned above, the latter

shall prevail.

8. Any disputes arising between the Lessor and Users or Lessees shall be settled by a common court having jurisdiction over the registered office of the Lessor. This provision shall

not apply to disputes with Lessees and Users who are Consumers.

9. The content of the Regulations is available to Users at any time on the Website via a link placed therein.

10. Any and all materials made available on the Site are the Subject of Copyright and are subject to legal protection. It shall be forbidden to use and distribute them without the Owner's

consent.

11. The following appendices shall form an integral part of the Agreement:

11.1st Appendix no. 1 – Terms and Conditions of Additional Insurance,

11.2nd Appendix no. 2 – Price Table - Prices for Additional Hours of Operation,

11.3rd Appendix no. 3 – General Terms and Conditions of Insurance,

11.4th Appendix no. 4 - Price List for Machine Cleaning by the Lessor

11.5th Appendix no. 5 – Agreement Withdrawal Form

12. These Regulations shall be effective as of 04.05.2020

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