Terms and conditions

General terms for productions

Our terms are intended to ensure a mutually binding agreement. With a focus on successful cooperation and both parties’ common sense, we have set these down in writing. If this gives rise to questions, you are always welcome to contact us. Party 1 is referred to as Profox. Party 2 is you as the customer, and is referred to below as Party 2.

It is Profox’s responsibility to

deliver the agreed product(s), at the agreed time and at the agreed place, in accordance with our submitted quote. In the event that Profox does not fulfil its delivery obligation, the liability that Party 2 may assert against Profox can at most amount to a sum corresponding to the contract sum in the contract/agreement forming the basis of Party 2’s claim against Profox. Profox is not liable in damages for non-fulfilment of its obligations if Profox can prove that this is due to an obstacle outside Profox’s control, such as, but not limited to, weather conditions, war, war-like situations, fire, strike, lockout, export or import ban, embargo, delayed or defective delivery of materials from subcontractors, production stoppage, or lack of energy or transport options. Profox is also not liable in damages for damage or loss suffered by Party 2/a third party arising as a result of it having been necessary, due to weather conditions and in Profox’s assessment, to remove Profox’s products.

It is Party 2’s responsibility to

• ensure there is 24-hour supervision of Profox’s property during the production period, in cases where Profox’s staff are not present, unless otherwise agreed in writing.
• obtain any approval from the authorities that may be required.
• notify Profox immediately if damage, collisions or similar occur to Profox’s equipment. In the event of vandalism, this must be reported to the police. Party 2 is responsible for Profox’s equipment as soon as Profox’s staff are not present. Party 2 is likewise responsible for damage to equipment caused by helpers/”hands” and third parties who have not been appointed or approved by Profox.
• appoint a person who is Profox’s contact person, and ensure that this person is briefed on all points regarding supervision of our product(s). If problems arise, Profox must be contacted immediately.
• observe agreed times for arrival, setup, take-down and departure. If waiting time occurs, Profox may charge 400 DKK + VAT per person per commenced hour.
• provide any agreed “hands” at the agreed time and at the agreed place.
• ensure free access to the area where the product(s) are to be set up. If Profox assesses that it is necessary to lay down driving plates, the cost of this is borne by Party 2. If a situation arises where access to the area becomes uncertain, this is Party 2’s responsibility in every respect, such that consequential damage, costs of rescue and similar fall on Party 2. Profox is not responsible for damage to the ground, surfacing or similar.
• ensure that it is possible to set up the ordered equipment. If it is not possible to set up the delivered equipment, Profox is entitled to cancel the contract with Party 2 and demand payment of 50% of the agreed fee.
• examine the delivered equipment for any defects and deficiencies immediately at the time of delivery of the equipment, and likewise complain immediately if defects or deficiencies are found. If the duty of examination or the duty of complaint is not observed, Party 2 cannot assert remedies for defects against Profox.
• return the equipment delivered by Profox in the same condition as at the start of the rental period.
• at events where Party 2 is to provide “hands”, it is important that these are hard-working, sober and able to cope with heavy physical work. “Hands” who fail to show up will be invoiced to Party 2 at 2,500 + VAT per absent person. Insurance and clothing in accordance with legislation (safety shoes and helmet) for these are likewise Party 2’s responsibility.
• ensure free and safe parking for Profox’s vehicles throughout the period.
• secure the equipment delivered by Profox against damage as a result of weather conditions. Party 2 is responsible for damage to equipment due to weather conditions, unless Party 2 can prove that the damage is not due to circumstances attributable to Party 2 or persons for whom Party 2 is liable.
• in the event that Profox is called out as a result of alleged faults or similar with the delivered equipment, and it transpires that there is no fault for which Profox is liable, Party 2 must pay Profox for the time spent, corresponding to 490 kr. per hour, excluding VAT.
• ensure that insurance has been taken out that covers damage to the equipment and personal injury caused by the equipment.
• return the equipment to Profox’s address, if this has been agreed. If return does not take place at the agreed time, Profox is entitled to demand a daily rate corresponding to double the rent that follows from the parties’ agreement. If Profox otherwise suffers a loss as a result of late return, Profox is entitled to claim damages.

General

• All prices stated are exclusive of 25% VAT, unless otherwise stated.
• Unless otherwise stated, written quotes must be accepted and signed within 8 days.
• The payment deadline is 3 days before the first day of rental or production, unless otherwise agreed in writing. If Profox does not receive payment in accordance with these terms, Profox is entitled to withhold the equipment to be delivered, and Profox is likewise entitled to terminate the concluded agreement immediately and claim damages. Profox is entitled to claim interest corresponding to the statutory rate of interest from the stated due date.
• Profox is entitled to demand a deposit prior to the payment date stated in point 3.
• Party 2 is not entitled to withhold or set off any part of the agreed rent against any claims against Profox ApS.
• In the event of cancellation, Party 2 must pay the entire contract sum, except for transport costs. When a written agreement is entered into with Profox, equipment and staff are reserved for the relevant contract, and are thus not available to others during the period; therefore the full fee must be paid if cancellation occurs after 60 days from the start date of the contract period. All cancellations must be made in writing. If cancellation occurs earlier than 120 days before the contract’s start date, Party 2 is obliged to pay 65% of the agreed fee. Payment in the event of cancellation must take place no later than 3 days after the cancellation.
• In the event of disagreement, Profox will do everything possible to find a solution together with Party 2. Should this not be possible, the matter will be brought before the court.
• Party 2 is obliged to provide catering for Profox’s staff in connection with setup and take-down of equipment, and during periods in which Profox’s staff otherwise perform work for Party 2 pursuant to the parties’ agreement. Catering does not mean fast food or similar, but rather healthy and nourishing food.
• Any disputes between the parties must be settled in accordance with Danish law, excluding Danish private international law’s rules of reference. All disputes arising between the parties must be finally settled by the Court in Aalborg.
• Profox is entitled to fit GPS trackers in the rented equipment in order to be able to track the equipment.

Rental terms

1: The rental price

The rent is calculated on the basis of the lessor’s fixed prices. The period during which the equipment is rented out is the rental period, understood as the period during which the equipment is away from Profox’s warehouse and available in accordance with the rental agreement.

The shortest rental period is 1 day, and return must take place at 11:00 on the day of return, unless otherwise stated. If the equipment is returned late, the lessee will be invoiced for an additional rental day. Renewal and/or extension of the rental period takes place by entering into a new contract, in which the new rental period is stated.

In the event of cancellation of equipment no later than 7 working days before the first day of rental, 50% of the rental amount is payable. In the event of later cancellation, 75% of the rental amount is payable, unless cancellation takes place less than 2 working days before the start of the rental period. In that case, 100% of the rental amount is payable.

The lessor is entitled, without special notice, to replace reserved equipment with other equipment of the same function.

2: Collection and return

Collection and return take place from Profox’s warehouse address, unless otherwise agreed. Setup, transport there and back are settled separately.

3: Deposit

We reserve the right to charge a deposit if the rent exceeds a value of 2,500 DKK, and to see valid photo ID regardless of the rental price.

4: Payment and litigation

The rent is settled on return of the equipment, unless otherwise agreed. In the case of long-term rental, which is a minimum of 7 days, a deposit of 50% of the rental amount is paid on collection, while the remainder is settled on return of the equipment. The payment terms are net cash. The lessee cannot withhold amounts due to the lessor by referring to unreported defects.

5: Insurance and liability

During the rental period, the lessee is liable for any damage and/or loss, even if the damage is accidental. Any damage must be reported to the lessor immediately, and theft and vandalism must likewise be reported to the police. The lessee is liable for all damage that the lessor cannot have covered by insurance, including but not limited to:

• Theft from open or unlocked vehicles.
• Forgotten, lost or misplaced equipment and other loss for which the time and cause of the loss cannot be demonstrated.
• Loose cables, wires or missing lamps and light sources.
• Gross negligence, insofar as this cannot be attributed to Profox’s employees.
• Simple theft.

The lessor is never liable for operating or profit losses, or other indirect loss, including breach of contractual agreements.

The lessor is not liable for damage to property or persons caused by faulty operation, defective or incorrect installation, or other circumstances outside Profox’s control.

The lessee assumes responsibility and risk for the rented item from the moment transport from the lessor’s warehouse begins, and until the rented item has been returned in accordance with the provisions of section 5. Loading and unloading, as well as transport, are the lessee’s responsibility alone.

6: Sub-letting

The rented equipment may not be sublet or lent out without written approval from Profox.

7: Condition of the equipment

The equipment handed over must, on return, be in the same condition as on collection. Profox checks all equipment before it is handed out, and its condition is 100% in order. On collection, or immediately thereafter, the lessee must state any operational problems.

If equipment is returned in a condition other than that in which it was collected, the lessee is obliged to pay the lessor for a new item/repair and for any loss during the period.

Profox allows itself 3 working days to check the rented equipment after the lessee has returned it.

8: Repair and service

Under no circumstances may the lessee, personally or with help from a third party, attempt to carry out interventions in the rented item, including attempts at repair or service work.

9: Breach of agreement

If a rental period agreed by the lessee is not observed, the lessor is entitled to collect the rented item without notice. The same applies if the lessee otherwise seriously breaches the contract, for example by failing to pay rent at the agreed time.

Grounds for collection due to breach also include enforcement proceedings against the lessee, bankruptcy, or other suspension of payments.

10: Reservations

Profox reserves the right in relation to ordinary force majeure in connection with agreements, including industrial disputes, illness and breach of contractual agreements by others.