Standard rental conditions

Version v1.0 · Effective 23 October 2026 · Clexen Rentals Private Limited · ref 623387b7ad16

Purpose: a fair, complete default contract for renting equipment between a Customer and a Partner. It fills every gap the Chosen Quote and the purchase or work order leave open. Parties: the Customer (hirer) and the Partner (owner or lessor). Clexen is not a party.

Acceptance triggers:

• Partner: at registration (Document 04), and again with each Quote.
• Customer: on Choice (Document 03, section 6). The "Choose this quote" notice links here.

Who is responsible for what (summary)

• Partner: a safe, legal, insured machine; competent operator if included; documents; transport if quoted; breakdown repair.
• Customer: safe site and access, permits and gate passes, lift plans and supervision of the work, fuel if not included, care of the machine, and paying on time.
• Both: sign the Handover and Return Records, report incidents at once, and settle damage only on evidence.

1. Application

1.1 These conditions apply to every Order that a Customer and a Partner make between themselves, outside the Platform, on the Customer's work order, after Clexen has introduced them. Terms both parties agree in writing for the Order prevail over them, and so does the Chosen Quote (Document 01, section 2).

1.2 Clexen is not a party to the Order and has no liability under it. Either party may share with Clexen the documents needed for Clexen's records and fees.

2. Equipment and documents

2.1 The Partner supplies the Equipment described in the Chosen Quote, or equivalent Equipment that is no less capable, if the Customer approves in writing.

2.2 Documents with the Equipment. The Partner provides, with the Equipment or by email before dispatch, copies of:

• registration certificate, if the Equipment is registered or used on public roads;
• valid insurance;
• fitness and pollution certificates, if applicable;
• for lifting machines and tackle, the latest test and examination certificate by a competent person, with its validity date;
• load chart and operating manual;
• the Operator's licence or competency certificate.

3. Price, billing and payment

3.1 Billing basis. Rent is charged on the basis in the Chosen Quote: hour, shift, day, week or month. If the Quote is silent:

• monthly hire: a minimum of 26 working days and 208 working hours a month. Extra hours are charged pro rata at the hourly equivalent.
• daily hire: one shift of 8 hours.
• Sundays and declared holidays are not billed unless worked.

3.2 Rent period. Rent runs from the On-Site Date to the date the Equipment leaves the Site after release. Transit time is covered by mobilisation and demobilisation, if quoted.

3.3 Idle and standby time. Time when the Equipment is ready but idle for reasons on the Customer's side counts as working time for minimum billing. Examples: no work front, no labour, strikes, rain, or Site access not given.

3.4 Breakdown time. If the Equipment cannot work because of its own defect for more than 4 continuous working hours in a day, that time is not billed. Time lost to the Customer's misuse is billed.

3.5 Log sheets. A daily log sheet records start, stop, breaks, breakdowns and idle time. The Operator and the Customer's site in-charge sign it each day. An unsigned log sheet becomes final if not disputed in writing within 3 days of receipt.

3.6 Invoicing and payment.

• The Partner invoices as stated in the Quote. If silent: monthly in arrears, or at the end of hire if shorter. Mobilisation is invoiced with the first invoice.
• The Customer pays within the credit period in the Quote. If silent: 15 days from invoice.
• If the Partner is a registered micro or small enterprise, payment must in any case be made within the period the MSMED Act 2006 allows, which is at most 45 days. The interest in that Act applies to late payment.

3.7 Late payment. On amounts overdue more than 7 days, the Partner may give written notice. If payment is not made within 7 days of that notice, the Partner may:

• charge interest at 18% a year, unless the MSMED Act gives a higher rate;
• stop work and take the Equipment back under section 9.

4. Before the Equipment arrives

4.1 The Customer will:

1. give accurate Site, load and access details;
2. arrange gate passes, entry permits and any work or height permits;
3. provide safe, level, compacted ground with adequate bearing capacity, and safe access free of overhead lines, trenches and obstructions;
4. tell the Partner about any special Site rules, inductions or PPE needs.

4.2 The Partner will:

• dispatch the Equipment so that it arrives on the agreed date;
• give the Customer the expected arrival time;
• tell the Customer at once of any delay.

5. Handover

On arrival, a representative of each party completes and signs the Handover Record (Document 07). It records:

• identity, hour or kilometre reading, fuel level and condition, with date-stamped photographs;
• documents seen and their validity;
• accessories supplied.

If the Customer finds the Equipment unsafe, not as quoted, or without valid documents, it may refuse it. The Partner must then remedy the problem within 24 hours, or the Customer may cancel without charge (section 10.1).

6. Operation and the Operator

6.1 If the Quote includes an Operator:

• Partner's responsibilities:
  • The Operator remains the Partner's employee or contractor.
  • The Partner pays the Operator's wages, overtime, statutory contributions and welfare.
  • The Partner is responsible for the Operator's competence and conduct, and for operating the machine within the manufacturer's limits.
• Customer's responsibilities:
  • The Customer directs what work is done and where.
  • It provides site induction, banksman or signaller, rigging and slinging staff (unless quoted), and a safe system of work.
  • For lifts, it provides an appropriate lift plan.
  • It must not instruct the Operator to exceed the load chart or work unsafely. The Operator may, and must, refuse any such instruction.

6.2 If the Equipment is hired without an Operator ("dry hire"):

• The Customer uses only trained, competent and, where required, licensed operators.
• It operates the Equipment as the manual requires.
• It is responsible for its use.

6.3 Consumables. Unless the Quote says otherwise:

• the Customer provides clean diesel or power, and water;
• the Partner provides lubricants and routine service items.

Food, accommodation and local transport for the Operator are as stated in the Quote. If the Quote is silent, they are the Customer's responsibility for outstation Sites.

6.4 Safety. Both parties comply with Document 09 and Applicable Law, including the Occupational Safety, Health and Working Conditions Code 2020 and the Site's safety rules. Each party may stop work it reasonably considers unsafe.

7. Maintenance and breakdown

7.1 The Partner carries out scheduled maintenance and repairs at its cost, except repairs needed because of the Customer's misuse or negligence. The Customer gives reasonable time and access for maintenance.

7.2 Breakdown.

• The Customer reports a breakdown at once.
• The Partner attends within 24 hours at Sites within its stated service area, and otherwise within 48 hours.
• The Partner repairs or replaces the Equipment.
• If the Equipment is out of action for more than 3 days in a row, the Customer may end the Order for that unit, paying only for the time used.

7.3 No one other than the Partner, or someone it approves, may repair or modify the Equipment.

8. Return

8.1 The Customer gives 7 days' written notice of release, or the notice period in the Quote.

8.2 On return, both parties complete the Return Record (Document 07). The Equipment is returned clean, with its accessories, and in the condition shown in the Handover Record, allowing for fair wear and tear.

8.3 If the Customer releases the Equipment before a committed minimum period in the Quote, it pays as the Quote provides. If the Quote says nothing, it pays rent for the time used plus demobilisation.

9. Default and recovery

9.1 If the Customer does not pay overdue amounts after notice (section 3.7), or uses the Equipment unlawfully or unsafely, the Partner may:

• suspend the Operator and the Equipment;
• after a further 3 days' written notice, remove the Equipment.

The Customer will allow access to remove it.

9.2 Removal must be peaceful and lawful, and the Partner must coordinate it with the Site in-charge. The Customer remains liable for rent up to the date of removal, and for reasonable removal costs.

9.3 If the Partner fails to supply, fails to repair, or supplies unsafe or non-conforming Equipment, the Customer may withhold payment for the affected period and, after written notice, end the Order.

10. Delays and cancellation

10.1 Partner's delay.

• If the Equipment arrives more than 24 hours after the agreed time, without the Customer's agreement, the Customer may cancel without charge.
• If the Customer accepts the late Equipment, rent runs only from actual arrival.
• Unless the parties agree otherwise in writing, the Partner is not liable for the Customer's other delay losses.

10.2 Customer cancellation.

• Before dispatch: no charge.
• After dispatch, before arrival: the Customer pays the actual transport cost incurred, up to the quoted mobilisation.
• After arrival: the Customer pays mobilisation, demobilisation and the minimum billing period in the Quote. If none is stated, one day's rent.

10.3 Refunds of advances. Any advance or Deposit due back is refunded by the Partner within 7 days.

11. Loss, damage and Deposit

11.1 From handover until return, the Customer is responsible for loss of, theft of, or damage to the Equipment. This does not apply to:

• fair wear and tear;
• defects, and damage caused by the Partner's Operator or by the Partner's negligence;
• damage covered by the Partner's insurance, beyond any deductible the Customer agreed to bear in the Quote.

11.2 Claims follow Document 08:

1. written notice with photographs within 48 hours of the Return Record;
2. an itemised estimate;
3. a joint inspection if requested;
4. payment of the reasonable repair cost. If the Equipment cannot be repaired, payment of its fair market value, less depreciation and any insurance recovery.

No party may recover more than its actual loss.

11.3 Deposit. Any Deposit is agreed in the Quote, paid to the Partner, and held by the Partner. The Partner returns it within 15 days of the Return Record, less amounts agreed or established under Document 08. The Partner gives a written statement of any deduction.

12. Insurance

12.1 The Partner keeps in force:

• the motor insurance Applicable Law requires for Equipment used on public roads, including third-party cover;
• [contractor's plant and machinery / own-damage cover, as stated in its listing].

12.2 The Customer insures its works, Site and own staff as required by law and its contracts.

12.3 Each party tells the other promptly of any incident that may lead to an insurance claim, and cooperates with the claim.

13. Incidents

Any accident, injury, dangerous occurrence, theft or damage is reported:

• at once to the other party;
• to authorities where the law requires;
• to Clexen at support@clexenrentals.com, for its records.

Both parties preserve evidence and cooperate with any inquiry.

14. Liability between the parties

14.1 Neither party is liable to the other for indirect or consequential loss, or for loss of profit or production, unless caused by fraud or wilful misconduct.

14.2 Each party indemnifies the other against third-party claims caused by its own negligence or breach. This includes claims by its own employees.

14.3 Nothing limits liability for death or personal injury caused by negligence, or liability that cannot be limited by law.

15. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control. Examples: natural disasters, epidemics, government orders, riots, or strikes not involving its own staff. Rent is not charged while the Equipment cannot be used because of such an event at the Site, unless the Quote says otherwise. Either party may end the Order if the event lasts more than 15 days.

16. Disputes between Customer and Partner

16.1 The parties first try to settle disputes in good faith within 15 days. They may ask Clexen to share its records and help them talk. Clexen does not decide disputes.

16.2 If the dispute is not settled, unless the Order states otherwise, it is resolved by arbitration under the Arbitration and Conciliation Act 1996:

• before a sole arbitrator under the rules of the Delhi International Arbitration Centre;
• seat at New Delhi;
• in English;
• under the fast-track procedure (section 29B) where both parties agree.

The MSMED Act process remains available where it applies.

17. General

This Order may be varied only in writing, including by email or WhatsApp from authorised persons. Indian law applies.