MOBILE LIFTING MACHINERY RENTAL/SERVICES PROVIDING AGREEMENT
1. The subject of the contract.
1.1. AMBER CRANES (hereinafter referred to as the Company) transfers, but the Customer receives for a previously
agreed and known rental fee the Mobile Lifting Machinery unit at the disposal of the Company and its inventory
(hereinafter referred to as Machinery).
1.2. The Company may also provide other services to the Customer related to transportation, installation, operation,
provision of consultations, etc. of the leased Machinery (hereinafter referred to as the Services), which the Company
and the Customer agree on separately, if necessary, concluding a separate agreement on the provision of services.
1.3. The Customer understands that the Machinery, within the meaning of the Agreement and in accordance with the
laws and regulations in force in European Union, is a dangerous technique.
2. Lease term.
2.1. The Machinery shall be transferred to the Customer's use for the period approved in the Agreement.
2.2. Rental days are all days specified in this Agreement.
3. Rental and Service Charges.
3.1. The rental fee does not include the fee for the Services provided by the Company. The fee for the Services is
3.2. If at the time of entering into the Agreement the Company and the Customer have not agreed on the final term of
the lease, the Customer shall pay the rent for the period of use specified in the Agreement, as well as for the downtime.
3.3. The Customer shall transfer the rent and the fee for the services provided by the Company to the Company's
current account with the credit institution within the term specified in the invoice issued by the Company unless
another term for payment of the rent is specified in a separate agreement.
3.4. The Company is entitled to unilaterally change the rent or fee for the services provided:
3.4.1.in case of changes in taxes, duties, or other payments to the State or local government budget.
3.4.2.in case of inflation or price indexation.
3.4.3.in case of adoption, amendment, entry into force and loss of validity of legal acts of state administration
institutions that offend the interests of the Company.
3.4.4.in other cases, with prior notice to the Customer.
3.5. If the Customer delays the payment term specified in this Agreement and/or fails to make the payment in full for
more than 5 (five) calendar days, the Customer shall pay to the Company a penalty in the amount of 0.1% (one tenth
of a percent) of the full amount of the invoice for each calendar day of delay. The amount paid is firstcredited to the
discharge of the fine.
3.6. The Customer shall be entitled to submit a claim to the Company regarding the validity of the invoice within 14
(fourteensmit) days after the invoice is issued. If the Customer has not brought a claim to the Company regarding the
validity of the invoice within 14 (fourteens) days after the issuance of the invoice, the Customer shall be deemed to
have accepted the invoice.
4. Rights and obligations of the Company.
4.1. The Company is entitled to request all information of interest to the Customer, as well as works at the Site, before
and after handing over the Machinery for use by the Customer.
4.2. If during the lease the Machinery is damaged, or its safety is otherwise endangered (unauthorized work on power
lines, underground communications were not reported to the Company, etc.), the Customer shall compensate at its
own expense the losses incurred by the Company or third parties in this regard.
4.3. Before as well as after the transfer of the Machinery, the Company has the right to get acquainted with the place
of use of the Machinery and to check whether it complies with the work and technical safety regulations, as well as to
request that the indicated deficiencies are eliminated.
4.4. The Company shall be entitled to terminate the Agreement immediately if the Customer fails to fulfil the obligations
under the Agreement. Such termination of the Agreement shall not release the Customer from the fulfilment of the
obligations under the Agreement. In this case, the Company shall not be obliged to indemnify the Customer for any
losses incurred in this regard.
4.5. Termination of the Agreement shall also apply to the condition if insolvency proceedings have been initiated against
4.6. The Company shall not be liable for direct or indirect losses incurred by the Customer or third parties during the
use of the Machinery (including downtime) unless such losses have been incurred due to the fault of the Company.
4.7. The Company shall take care that the Machinery is provided with the necessary energy, lubricants, daily necessary
maintenance, unless otherwise specified in a separate contract. The Customer shall bear all other expenses necessary
for the normal operation of the Machinery during its use (rental).
5. Rights and obligations of the Customer.
5.1. During the rental of the Machinery, the Customer is obliged to use only the services of the Machinery operators
offered by the Company, which are related to the use of the Machinery.
5.2. The Customer undertakes to follow the instructions for the use and safety of the Machinery and to observe the
utmost care in the process of using it. If the damage to the Machinery has occurred due to the fault of the Customer,
the Customer shall indemnify the Company for all losses incurred in this regard by using the Machinery in a manner
that does not comply with the instructions for use and/or without exercising due diligence.
5.3. The Customer is obliged to immediately provide the information of interest to the Company in connection with the
performance of work at the site.
5.4. The Customer is not entitled to transfer the Machinery for further use to third parties without the Company's
5.5. During the rental of the Machinery, the Customer shall be responsible for the safety of the Machinery, unless the
safety is violated due to the fault of the Company.
5.6. If insolvency proceedings are initiated against the Customer, the Customer shall be obliged to immediately notify
the Company thereof in writing, otherwise the Customer or the Customer's representative who has signed this
Agreement, personally, as a physical person, shall compensate the Company for all losses caused in this regard.
5.7. The Customer shall ensure the Company's access to the place of use of the Machinery, if the Company wishes to
get acquainted with the conditions and technical condition of its use, as well as to ensure the possibility of repairing
5.8. The Customer shall be liable for direct or indirect losses incurred by the Company or third parties during the use of
the Machinery (including downtime) unless such losses have occurred due to the fault of the Company.
6. Other conditions.
6.1. In case the provision / rental of services takes place outside the borders of the Republic of Latvia, the Customer
shall inform the Company about the laws and regulations of the relevant country in the field of labor and environmental
6.2. If the Customer has outstanding contractual obligations arising from other agreements in relation to the Company,
the Company is entitled to unilaterally refuse to perform contractual obligations under this Agreement or to demand
from the Customer 100% (one hundred percent) prepayment for the rental of Machinery or provision of services. The
Company shall not be obliged to indemnify the Customer or third parties for any kind of losses if the Customer does
not pay such prepaid invoice, because of which the Company refuses to fulfill contractual obligations.
6.3. Any dispute, controversy or claim arising out of, affecting it or its amendment, violation, termination, legality,
validity, or interpretation shall be settled in the court of the Republic of Latvia, in accordance with the laws of the
Republic of Latvia, in the Latvian language.
6.4. Reorganization of the Customer shall not be a reason for termination of the Agreement. If the Customer is
reorganized, the Agreement remains in force and its provisions are binding on the Customer's successor in title.
6.5. The Customer's representative, who signs the Contract, confirms with his/her signature that he/she is entitled to
represent the Customer and as a physical person undertakes to be liable for all the obligations specified in the
Agreement, if for any reason it would still be established that the person who signed the Agreement on behalf of the
Customer was not entitled to represent the Customer.
6.6. By signing the Agreement, the Customeris responsible for the correctness and veracity of the information provided
by him and undertakes to compensate all losses incurred by the Company or third parties because of providing false or
6.7. The Customer confirms that he understands the content and meaning of the Agreement and recognizes the
Agreement as correct and mutually beneficial.
6.8. The Agreement shall be binding on the successors in rights and obligations of both the Company and the Customer.
6.9. Amendments and additions to the Agreement may be made by written agreement between the Company and the
Customer. In these cases, a written agreement is attached to the Agreement and becomes an integral part of it.
6.10. The clauses of the Agreement are valid insofar as they do not contradict the clauses of the Cooperation Agreement
concluded between the Company and the Customer.
6.11. In all matters not stipulated in the Agreement, the Company and the Customer will be guided in accordance with
the provisions of the laws and regulations of the Republic of Latvia in force at the time of signing the Agreement.