General business conditions

1. CONCLUSION OF CONTRACT

The contract is concluded by the written acceptance of the rental terms.

2. CONTRACT PERFORMANCE, MACHINE DELIVERY AND RETURN.

Contract performance begins when the machine leaves the headquarters of PERŠIĆ RENTAL & SALES and ends when the machine is returned to the same headquarters. As proof of these facts, only the machine’s transport documents or the hand‑over records are accepted. The machine will be handed over at the PERŠIĆ RENTAL & SALES warehouse (ex‑works warehouse “PERŠIĆ RENTAL & SALES” d.o.o.). The agreed delivery time may be changed because of unforeseen events or problems with the machine’s assembly, inspection, repair or other reasons attributable to force majeure. PERŠIĆ RENTAL & SALES is released from any liability for such cases. If delivery of the machine is agreed at a location outside the PERŠIĆ RENTAL & SALES warehouse, the machine is transported at the renter’s risk and responsibility. By accepting the machine, the Lessee declares that he has checked and accepted the machine as functional and capable of performing the intended work, and expressly accepts the prohibition on making any modifications or additions to the machine.

3. CONDITIONS OF USE

The machine is delivered in working order. Any damage that occurs to the machine—including damage caused by careless, unskilled, unauthorised, reckless or similar handling—is exclusively at the lessee’s expense.

4. COMPLIANCE WITH LAWS AND REGULATIONS

The Lessee shall diligently observe all rules and comply with all legal regulations relating to the use of the machine, especially those concerning occupational safety. It is forbidden to disable or in any way tamper with the machine’s safety devices. The machine must not be used in any unauthorised or unusual manner for that type of equipment.

5. LIABILITY

For the entire rental period the Lessee assumes full liability for any damage that may occur to persons or property as a result of using or maintaining the machine, and PERŠIĆ RENTAL & SALES as owner is expressly released from all liability. The machine is delivered to the Lessee insured against fire and theft liability. PERŠIĆ RENTAL & SALES will provide the Lessee with all documents required by law for the machine’s operation or for its unhindered road transport. PERŠIĆ RENTAL & SALES guarantees the machine’s working order. While accepting its general responsibility, PERŠIĆ RENTAL & SALES is not liable:

• for latent defects of the machine or its accessories that could not be detected by ordinary inspection,
• for design or manufacturing defects for which the designer or manufacturer is liable by law,
• for damage caused by additional equipment supplied by PERŠIĆ RENTAL & SALES (e.g., planks, support plates, safety harnesses, cables, ropes, etc.),
• for damage arising from the machine’s unsuitability for the required operation when such unsuitability is due to incorrect data supplied by the Lessee or a third party on his behalf (e.g., incorrect working height, incorrect load weight, inaccurate access information, etc.),
• for damage arising from the Lessee’s or his authorised person’s violation of public‑order or occupational‑safety regulations,
• for damage caused by the leakage of fluids such as fuel, hydraulic oil, battery acid, etc.

The Lessee must protect the surface on which the platform is used. PERŠIĆ RENTAL & SALES is not obliged to deliver the machine if the machine itself or its operators might be exposed to unforeseen danger that could not be anticipated when the contract was concluded.

6. RENTAL OF A MACHINE WITHOUT AN OPERATOR

When a machine is rented without an operator (cold hire / idle state), the rental covers the machine only and does not include fuel, lubricants, battery water or other consumables. The Lessee then takes over machine operation and all related responsibilities. He must use the machine with the care of a prudent businessman and in accordance with the manufacturer’s instructions. The machine must be used only at the location specified in the rental contract and in the manner stipulated therein. Use of the machine at another location or in another manner results in the immediate termination of this contract and the application of the penalties set out in these General Terms. During the rental the Lessee shall allow PERŠIĆ RENTAL & SALES personnel access to the workplace to carry out necessary inspections. Without written permission from PERŠIĆ RENTAL & SALES the machine may not be sub‑let, lent or entrusted to third parties on any basis. This contract may not be transferred to another party. The operator appointed by the Lessee must be technically qualified to operate the machine. Any downtime, regardless of cause or duration, does not entitle the Lessee to compensation. PERŠIĆ RENTAL & SALES guarantees the Lessee peaceful use of the machine for the entire rental period.

7. MAINTENANCE AND REPAIR DURING RENTAL WITHOUT AN OPERATOR

PERŠIĆ RENTAL & SALES, either directly or through affiliated companies and persons, will provide the Lessee with the required service with due care, but without accepting any liability for machine downtime or for costs arising therefrom (e.g., waiting‑time costs for staff or other equipment, contractual penalties, etc.). Transportation, relocation, travel time and the repair or replacement of parts found defective are borne by the renter. All other repairs for other reasons are also at the renter’s expense.

If the machine is not used in accordance with the manufacturer’s instructions, or is dismantled, sub‑let or repaired outside the authorised PERŠIĆ RENTAL & SALES service, or by persons not authorised by PERŠIĆ RENTAL & SALES, and the repair is not stopped in time to determine the actual fault and damage, the repair cost is entirely at the Lessee’s expense. In the event of a failure the Lessee must immediately cease using the machine and inform PERŠIĆ RENTAL & SALES by email. The machine may not be used again until inspected by PERŠIĆ RENTAL & SALES and written approval to resume work is issued.

The Lessee is also responsible for:

• daily maintenance (e.g., changing oil, coolant, cleaning/changing filters, checking electrolyte density, topping up battery water, etc.) using materials specified by the manufacturer (consult PERŠIĆ RENTAL & SALES),
• tyre maintenance and repair or replacement as required,
• repairs of faults caused by negligence, improper use, overloading or damage aggravated by continued operation after a fault occurred,
• works and repairs necessary to eliminate wear‑related faults,
• payment of rent during any period when the machine is unusable due to damage caused by the Lessee, including the repair period.

8. PAYMENT – SECURITY FOR PAYMENT – DISCOUNTS

Payment of the agreed rent on the agreed schedule is the Lessee’s primary obligation. In case of late payment the Lessee must pay the full rental price (if a discount was agreed) and default interest. For rentals without an operator, PERŠIĆ RENTAL & SALES may require a security deposit proportionate to the machine’s value and rental duration. This deposit may be used to settle PERŠIĆ RENTAL & SALES claims for late payment, damage on return or late return. All or part of the deposit may be retained until final settlement or court decision. If the machine is returned on time and undamaged and the rent is paid on time, the deposit/guarantee is refunded without interest.

PERŠIĆ RENTAL & SALES may suspend further deliveries and take back machines if the customer exceeds the credit limit or fails to meet obligations on time. When paying, the customer must state exactly what is being paid to PERŠIĆ RENTAL & SALES (invoice number, etc.).

To secure all claims arising from the business relationship, PERŠIĆ RENTAL & SALES may require the Lessee to provide a blank promissory note notarised by a public notary for an amount to be determined when the contract is signed. In case of late payment or any circumstance that may jeopardise collection, PERŠIĆ RENTAL & SALES may initiate collection based on the note. The note may be used to collect any claim, regardless of when it arose. The note must be issued for at least 50 % more than the contract amount (to cover interest and costs). If the note becomes invalid, the Lessee must immediately provide equivalent security. The note is returned once all debts are settled and/or the business relationship ends.

PERŠIĆ RENTAL & SALES may charge a payment guarantee if held.

PERŠIĆ RENTAL & SALES may terminate the rental and make all claims due and revoke any discount if the Lessee fails to meet agreed due dates. The revoked discount difference will be invoiced without the Lessee’s approval. Discounts are granted only in writing.

AN APPROVED DISCOUNT IS VALID ONLY IF PAYMENT TERMS ARE OBSERVED. OTHERWISE PERŠIĆ RENTAL & SALES MAY RETROACTIVELY CHARGE THE FULL RENTAL PRICE.

THE PRICE DIFFERS FOR EACH AGREED TIME INTERVAL (longer period = lower price); THEREFORE THE LESSOR MAY CHARGE THE DAILY RENTAL RATE IF THE LESSEE AGREES A LONGER PERIOD THAN HE ACTUALLY USES (e.g., if a one‑month rental is agreed but the machine is returned after a few days, it is deemed that the Lessee intentionally misled the Lessor to obtain a lower price).

9. WITHDRAWAL FROM THE CONTRACT

The Lessee may withdraw from a signed contract by notifying PERŠIĆ RENTAL & SALES in writing by email at least five working days before the agreed start date. PERŠIĆ RENTAL & SALES is then entitled to reimbursement of incurred costs and 30 % of the agreed rent. PERŠIĆ RENTAL & SALES may also withdraw, notifying the Lessee in writing at least one day in advance by email.

10. LESSEE’S NON‑CANCELLATION OF LESSOR’S OBLIGATIONS

The Lessee cannot cancel any contracted obligation of PERŠIĆ RENTAL & SALES unless he has fulfilled all his own obligations, especially payment of rent and any other due amounts.

11. TERMINATION OF CONTRACT

Failure by the Lessee to fulfil obligations under Articles 3, 4, 5, 6, 7 or 8 results in termination of the contract at the Lessee’s fault and expense, and PERŠIĆ RENTAL & SALES may immediately repossess the rented machine if possible. The Lessee must still pay the rent and all other amounts arising from the contract and reimburse PERŠIĆ RENTAL & SALES for transport and other costs.

12. VALIDITY OF CONTRACT PROVISIONS

The contract provisions are a fundamental condition of rental; the parties freely accept them and undertake to comply. Any amendment to the rental contract, especially these General Terms, is valid only in written form signed by both parties.

13. CONFIDENTIALITY OF DATA

The Lessee undertakes to keep strictly confidential all data and information received from the Lessor PERŠIĆ RENTAL & SALES.

14. OTHER PROVISIONS AND OBLIGATIONS: LESSOR’S OBLIGATIONS

14.1 Deliver the agreed machine for rental

14.2 Rental period and machine operation

• Provide intervention at the construction site within 24 hours of written fault notification.
• Provide technical support.
• If the machine cannot be repaired, supply another machine of similar or identical characteristics within a reasonable time; transport at PERŠIĆ RENTAL & SALES’ expense.
• Provide the necessary certificates and operating instructions.
• Deliver the machine in technically sound condition with all required documentation: manuals, insurance, certificates.

14.3 Machine handover + transport

• The Lessee must ensure hand‑over and inspection on site so the carrier has a duly signed hand‑over record.
• Receipt of the machine by the workshop if the Lessee organises and returns the machine to PERŠIĆ RENTAL & SALES headquarters himself.

15. LESSEE’S OBLIGATIONS

15.1 Rental of the machine and arrangement of transport on special request

The machine is taken over in the morning by the carrier or by the client himself by 12:00 (that day is charged). Machines must be off‑hired by 16:00 on the penultimate rental day (e.g., if the last working day is Friday, the machine must be cancelled by Thursday 16:00). Otherwise the next working day is charged until cancellation.

The machine is rented for 8 working hours within 24 hours.
If the machine operates 2 shifts (16 working hours/24 h) the rent increases by 50 %.
If the machine operates 3 shifts (24 hours nonstop) the third shift increases by an additional 30 %.
If it is determined that the machine worked more than expected (determined by a mechanic checking the hand‑over record in the service program), administration will notify the client and invoice the difference based on recorded hours before and after rental.

Rental starts when the machine leaves PERŠIĆ RENTAL & SALES’ warehouse and ends when it is returned thereto.
Transport organisation and cost are borne by the customer. PERŠIĆ RENTAL & SALES is not responsible for delivery or return of the machine to the warehouse.
The billing period runs from departure to return.
The machine cannot be delivered without a signed rental contract and hand‑over record.

15.2 Machine in rental

Faults must be reported in writing only to servis@telescopic.hr.
If the client does not use the machine he must send prior notice to najam@telescopic.hr. Only 50 % of the agreed price is recognised for weather delays (wind or very low temperatures) UP TO A MAXIMUM OF 4 WORKING DAYS PER MONTH. Construction‑site delays ARE NOT RECOGNISED.

The Lessee may reserve the service team via servis@telescopic.hr on public holidays, Saturdays, Sundays or at night with a surcharge of €115 per day. Service cost on those days: €1/km (service vehicle), €50/h during working hours, €80/h outside working hours.

MACHINE INSURANCE: Insurance must be specified and calculated in the contract. It covers theft, fire, flood, third‑party liability and damage caused by third parties (while parked or idle). A POLICE REPORT is always required to activate a claim. Insurance DOES NOT cover human negligence such as unskilled operation, client‑caused damage, power surge, etc. If the Lessee refuses insurance, he assumes all risk.

15.3 Machine return + transport

After the contract expiry the contract automatically continues until the machine is returned to PERŠIĆ RENTAL & SALES.
The machine is returned by 10:00; that day is not charged if clause 15.1 was respected. Returns after 10:00 are charged as a full day.

Transport must be paid in advance unless other terms are agreed.
Prepare the machine for loading (e.g., diesel machines not empty, machines on upper floors brought down).
Waiting time is charged at €50/h for the low‑loader and €35/h for the driver.

Aerial platforms and diesel machines are delivered with a full tank and must be returned likewise.
The Lessee must personally attend hand‑over and damage inspection on return; otherwise he bears all risk.
If the Lessee is absent, the Lessor will send a damage report and the Lessee must accept the findings.
Transport organisation is at the Lessee’s expense unless agreed otherwise.

16. COMMUNICATION CHANNELS AND PROBLEM/CLAIM RESOLUTION

Customer claims can be submitted:

• by phone: 091 4445 869
• by email: servis@telescopic.hr – service for rented machines
• by email: najam@telescopic.hr – other inquiries

Claims must be submitted exclusively in writing (email).

17. JURISDICTION OF THE COURT

The contracting parties conclude the contract in good faith and will attempt to resolve any disputes amicably; if unsuccessful, they agree to the jurisdiction of the Commercial Court in Zagreb. In the event of assignment of claims, jurisdiction lies with the court of the new creditor’s domicile.