ClexenRentals.com® is the Web site operated by Clexen Rentals Private Limited. Our postal address is C-90, Awana
Complex, 40 Ft. Road, Molarband Extension, Badarpur, Delhi, India-110044. We can be reached by e-mail at
support@ClexenRentals.com or by telephone at (999) 9225-725.
BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE "RENTAL CONTRACT", AND "PRIVACY POLICY" ON YOUR BEHALF AND, IF YOU ARE ACCESSING OR USING THE SITE ON
BEHALF OF ANOTHER PERSON OR ORGANIZATION, ON BEHALF OF SUCH PERSON OR ORGANIZATION (collectively,
“you”).
1
Mobilization / Demobilization & Loading / Unloading.
- To & Fro Transportation will be Borne by Customer Scope, GST shall be applicable on all such charges,
or at a mutual discussion before work order.
- Any other taxes and documents applicable at time of rental- RTO Life Tax, Octroi, E-way bill, Entry
Tax, Transportation will be Customer scope.
- Gate pass / State Outward Form/ Challan, if applicable, to be provided by the Customer. If any such
document is not provided by Customer within two days of request made by ClexenRentals®, then, in such case,
the equipment will be deemed as operational & Service Charges must be paid by Customer till the
equipment is moved out of its premises. Trailer detention charges shall be payable by Customer in case
of delay in crane availability or gate pass.
- ClexenRentals® will dispatch the machine after getting confirmed order with security advance.
- Customer would be held responsible for any damage /Loss while loading or unloading the equipment, if
done by Customer.
- In case the customer dehires the machine before the contract period, then both mobilization and
demobilization will be to Customer account.
2
Timings
- The Rental charges for the machine will be for a minimum billing of 240 hours per Month for 26 working
days.
- Customer will pay extra charges @ Pro-rata Basis for every additional hour used beyond 240 hrs.
- No deductions can be made if the Equipment is idle due to non-availability of work, non-availability
of labor or any strike by labor at site.
- The service charge days shall be calculated immediately after the equipment reaching at site and till
the date on which it has left the site.
- Before the release of the Equipment from site, a prior written intimation of minimum 07 days is
mandatory to be provided by the Customer to ClexenRentals®.
- If the equipment is released prior to minimum deployment period, as committed in the Work-order,
charges for the whole period as committed shall be applicable.
- If the breakdown time increases beyond continuous 4 hours, pro-rata charges to be deducted.
- In case of break-down of Equipment, ClexenRentals® shall attend the same within 02 working days. Customer
will provide the technicians necessary gate pass, permission, space and Equipment to carry out repair
job. No other agency, however, should be engaged to repair the Equipment. In case such agency carries
out any damage to the Equipment, all relevant charges shall be recovered from the Customer.
- A log sheet shall be provided to record daily working like shift start & end time. The log sheet to be
filled in Triplicate. It is to be signed on daily basis by the operator and the site-incharge. Customer
shall be bound by all the details mentioned on the log sheet.
3
Consumables
- Uncontaminated High Speed Diesel required for the operation of the equipment shall be provided by the
Customer at the site at his costs.
- If required, GET & Oils shall be organized by Customer as per OEM recommendation.
- Electricity or Battery Charging point, if applicable, will be provided by the Customer.
4
Personnel
- One Operator for Single Shift Operation is considered in the above price and the same will be borne by
ClexenRentals®.
- Food, accommodation and Transportation for the Operators to site will be borne by Customer.
- Any operator, either provided by the ClexenRentals® or the Customer, shall be covered under all labor laws.
The employer of the operator shall provide all necessary documents to the Customer.
- All PPE items like Helmet, Reflector Jacket, Ear Plug, Body Harness, etc., other than Safety Shoes, if
required, to be provided by the Customer at their own cost.
5
Equipment
- The Equipment is being supplied in good condition. Inspection of the same shall be carried out by the
supervisor of the Customer either before dispatch from the Yard/ Transfer Location or at Arrival at your
site. Any damage caused due to mishandling or any other reason beyond supervision or control of the
ClexenRentals®, shall be charged to the Customer with the Replacement Cost. All such cost must be paid
immediately by the Customer to the ClexenRentals®.
- The Equipment will possess all the required documents related to Insurance and Test Certificate.
- Any specific test certificate, if required will be under Customer scope.
- Customer will use the equipment only for the purpose it is hired and shall not misuse or abuse the
equipment or use the Equipment for any unlawful or illegal purposes.
6
Responsibilities
- Repair and Maintenance of the equipment will be under ClexenRentals® scope.
- Customer will ensure the safe custody of the equipment by providing necessary security, parking bay,
etc., and will be liable for any loss or theft or damage or destruction to the machine at prevailing
prices, taxes, freight etc. Customer shall ensure safe procedures and practices at site.
- entkart® shall not be liable for any production loss, any labor idle charges or any such charges which
may arise due to breakdown of the machine.
- The possession and effective control of the equipment shall always remain with the ClexenRentals®.
7
Force Majeure
- Neither Party shall be responsible for a default in the performance of its obligations due to
contingencies beyond its control, such as fire, flood, civil commotion, earthquake, war, strikes or
government action, or change in Applicable Laws, regulations or policies (“Force Majeure Events”). If
either Party is prevented by such from performing its obligations under this Agreement, such Party shall
promptly notify the other Party to that effect.
- Notwithstanding the foregoing, the Force Majeure Events shall not include: (a) the occurrence of any
shortage of manpower, material, equipment or raw material; economic hardship, in each case other than
due to any of the abovementioned Force Majeure Event occurrences. Further, delays resulting from
reasonably foreseeable unfavorable weather or reasonably foreseeable unsuitable ground or reasonably
foreseeable adverse conditions. Force Majeure Event shall not include any event that is within the
reasonable control of the Party affected by the Event of Force Majeure.
- Any Party that is affected by a Force Majeure Events shall give written notice thereof to the other
Party no later than seven (7) days following the occurrence of the Force Majeure Events in question,
providing appropriate details thereof. Subject to notice of happenings of any such Force Majeure Events
is given by the affected Party to the other Party neither Party shall have any such claims for damages
against the other, in respect of such non-performance or delay of the event pendency of a Force Majeure
Events provided performance of this Agreement shall be resumed immediately, after such event comes to an
end or ceases to exist.
- Failure to provide notice as provided above shall not prevent the affected Party from defending
against any claim for delays or breaches that arise during the performance of its obligation under this
Agreement on the grounds that they were caused by a Force Majeure Events.
- If any or entire portion of performance under this Agreement is delayed or suspended as a result of
continuation of any of the Force Majeure Events, the time allowed to comply with such obligation shall
be extended for as long as the relevant Force Majeure Events causing such delay or suspension continues.
- The Parties shall take the measures necessary to mitigate the effects of continuation of Force Majeure
Events and to continue to perform their obligations under this Contract so far as reasonable
practicable.
8
Validity & Jurisdiction
- Order confirmation will be subject to availability of stock.
- All disputes shall be subjected to the Jurisdiction of the Courts of the place where the Clexen
Rentals Pvt. Ltd. has registered office.
9
Invoicing & Payments
- Customer shall pay an amount equal to One Month Rental Charges as security deposit along with Work
Order which shall be adjusted against last month rental charges..
- ClexenRentals® will raise invoices for utilization of the Equipment for each calendar Month and submit the
same to the customer based on Log sheets.
- GST as applicable will be charged separately on invoice value and will be payable by the customer
extra at actual and its payment must be released prior to availing of GST credit.
- Under no circumstances will the payment to be received by the Customer from their client will have any
relation to the payment to be made by the Customer to the ClexenRentals®.
- The Rental charges shall be paid by the Customer within Seven days from the date of invoice
submission, by way of NEFT or RTGS in favor of Clexen Rentals Private Limited. For any delay after this
period, a penalty of 18% per annum will be imposed upon the Customer.
- ClexenRentals® will have all rights to stop running the equipment or dehire machine without prior notice,
in case of payment is not received within Fifteen Days from the date of Invoice. During this period of
stoppage, equipment availability will continue to be considered and hence will be billed as above.
10
GST & Account Details.
Payment will be done only in the account details provided below:
- GST Registration Number: 07AAGCC9182N1Z0
- Account Details: Contact Us below for further information.