For the purposes of the General Terms and Conditions, "Ekotoi-Service" Ltd., a single-member limited liability company, registered in the Bulgarian Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency with UIC 102878955, with registered office and management address at 15 Bansko Shose, Sofia, p.k. 1331, Bulgaria, shall be called "ASSIGNOR" and the person concluding the lease agreement shall be called "ASSIGNEE".
1.1 The ASSIGNOR assign and the ASSIGNEE agrees to provide under lease the equipment and/or services described in the Special Conditions.
1.2 The ASSIGNOR declares and guarantees that it is not a consumer within the meaning of Bulgarian legislation.
2.1 The ASSIGNOR shall pay to the ASSIGNEE the price for lease and/or services under this Contract in the amount and manner specified in the General Conditions
2.2 Where, at the time of payment of the price under the Agreement, the ASSIGNEE owes the ASSIGNOR any amount, the ASSIGNEE agrees that the amount shall be deducted from its claims in the order in which they arise.
2.3 In the event that there is more than one payment due under this Agreement, each payment of the ASSIGNOR, regardless of the basis for payment stated by the ASSIGNOR, shall discharge the ASSIGNOR's obligations in the following order:
2.4 In the event that the ASSIGNOR is a party to more than one agreement with the ASSIGNEE, and under any such Agreement the ASSIGNOR is in arrears, the ASSIGNEE may use the amount received from the ASSIGNOR under one of the Agreements to cover overdue payments under another Agreement.
2.5 In case of delay in payment, the ASSIGNOR shall pay a compensation of 0.5% for each day of delay until the date of receipt of the amount due in the specified bank account of the ASSIGNEE, but no more than 10% in total.
3.1 Cabin insurance shall cover the period for which the Agreement is concluded, but not more than one calendar year from the date of conclusion of the Agreement and shall cover losses and damages to the insured object directly caused by: fire, incl. the consequences of fire extinguishing; lightning strike; explosion; implosion; impact by an aircraft, its parts or its cargo; natural disasters, incl. storm, hail, heavy rain, flood, weight of natural accumulation of snow and ice /accumulation damage from clearing or other human activity is not covered/, freezing, falling trees, branches or other external objects due to storm or hail; wire water; impact by vehicle or animal. Damage from deliberate arson, exposure to fire or heat / incl. for means by which fire or heat is conducted/ for the purpose of processing, technological detonations in combustion chambers and damage to contact and other elements of electrical devices and installations due to high temperature in the event of a short circuit or electric shock/, damage caused by malicious use of explosive devices and materials, damage caused by vehicles driven by the insured or user of equipment (fences, mobile toilet cabins and/or containers) if proven to be at fault by the managing authorities/.
3.2 In case of damages and failures of the equipment (fences, mobile toilet cabins and/or containers) provided for use, caused by events which are not mentioned in previous point, the ASSIGNOR shall pay their full amount thereof, respectively the value of the cabins at the prices specified in Schedule No. 1 to this Agreement /Price list/.
3.3 In the event that the equipment (fences, mobile toilet cabins and/or containers) provided for use are not available due to theft or other events not mentioned in the previous points, the ASSIGNOR shall pay the value of the equipment (fences, mobile toilet cabins and/or containers) at the price specified in Schedule No. 1 to this Agreement / Price List/.
4.1 The ASSIGNEE undertakes to place the equipment (fences, mobile toilet cabins and/or containers) in number, type and location in accordance with the assigned order for use by the ASSIGNOR in the condition in which they are at the time of conclusion of this Agreement and reflected in a bilaterally signed Delivery and Acceptance Protocol, which is an integral part of this Agreement.
4.2 The ASSIGNEE shall not be liable as to the exact delivery date and availability of the equipment (fences, mobile toilet cabins and/or containers) until the moment of receipt of the signed Agreement.
4.3 The ASSIGNEE shall maintain the hygiene of the cabins in accordance with the agreed period and number of services by emptying the tank, cleaning and disinfecting the inside and outside of the cabins, refilling the tank with environmentally friendly liquid, refilling with toilet paper, transporting and disposing of faecal waste.
4.4 In the event that the ASSIGNEE finds irregularities in the storage and/or use of the equipment (fences, mobile toilet cabins and/or containers), the ASSIGNEE shall have the right to terminate the Agreement unilaterally, without notice period and without court intervention, by notifying the ASSIGNOR in writing. Upon conclusion of the Agreement, the ASSIGNEE shall provide the ASSIGNOR with instructions for proper storage and exploitation of the equipment (fences, mobile toilet cabins and/or containers).
4.5 In the event of delay in payment by the ASSIGNOR for more than 10 (ten) days, or for any other reasons or indication of over indebtedness, diminished solvency or insolvency of the ASSIGNOR, the ASSIGNEE shall have the right to terminate the Agreement unilaterally, without notice period and without court intervention, and request the immediate return of the mobile toilets or to repossess them, at any time, even against the will of the ASSIGNOR. The ASSIGNEE undertakes to inform the ASSIGNOR in advance and in an appropriate manner, by e-mail to the contact e-mail address indicated by the ASSIGNOR (when signing the Agreement), that it will take action for the collection of its unpaid monetary obligations out of court, including when the services of third parties (credit bureaus, debt collection agencies, etc.) will be used for this purpose. The information referred to in the preceding sentence must also contain details of the exact amount of the monetary obligation claimed, the basis on which it arises and the third party which will collect the debt.
4.6 The ASSIGNEE undertakes to acquaint the ASSIGNOR with the safety measures and requirements concerning the use and storage of the equipment subject to this Agreement.
5.1 The ASSIGNOR shall provide an accessible and unobstructed location for the equipment no more than 6 (six) meters from the road to enable maintenance during the contractual period. Otherwise, servicing shall be deemed to have taken place.
5.2 The ASSIGNOR agrees not to change the location of the equipment specified under this Agreement unless the ASSIGNEE agrees in advance in writing.
5.3 In case of need for extraordinary service, the ASSIGNOR shall notify the ASSIGNEE immediately.
5.4 In the event of damage or theft /see clauses 2.1, 2.2. and 2.3/ the ASSIGNOR must immediately notify the ASSIGNEE in writing no later than 24 (twenty four) hours after the occurrence of the event or on the first working day after the event has become known to him, otherwise he shall be fully liable for the damage. Notification shall not relieve the ASSIGNOR of liability under see clauses 2.1, 2.2. and 2.3.
5.5 The ASSIGNOR shall not be allowed to use the equipment for advertising purposes - his own or others', including sticking stickers, labels, posters, etc. Otherwise, the costs of cleaning shall be at his/her own expense or at the price specified in Schedule No. 1 /Price list/. Removal of dirt from building materials from the mobile equipment shall be paid for by the ASSIGNOR at the price specified in Schedule 1 to this Agreement /Price List/.
5.6 The ASSIGNOR undertakes to make regular and timely payments for the services under this Agreement. Otherwise, in the event of delay of payment, the ASSIGNEE shall be entitled to collect the equipment (fences, mobile toilet cabins and/or containers) without notice and in additional to any and all other remedies which may be available under the present Agreement and/or applicable laws.
5.7 Shall keep confidential all information arising out of this Agreement as well as everything pertaining to the ASSIGNEE's activities.
5.8 At the expiry of the Agreement term, and also in the event of its early termination for whatsoever reason, the ASSIGNOR shall return all the equipment within 3 (three) calendar days, in the condition in which they were accepted in accordance with the Delivery and Acceptance Protocol attached to this Agreement, taking into account their normal wear and tear..
5.9 The ASSIGNOR shall be obliged to provide at the location of the equipment an employee or worker who is authorized to accept /or issue after the completion of this Agreement/ the equipment, this fact being certified by the signing of the Delivery and Acceptance Protocol attached to this Agreement, provided to him by an employee of the ASSIGNEE.
5.10 By the fact of acceptance of the equipment for use by the ASSIGNOR or its associates, which shall be evidenced by the Acceptance and Delivery Protocol attached hereto, the Parties acknowledge that they have entered into this Agreement and agree to all of its terms. A copy of the Agreement shall be attached to the Acceptance and Delivery Protocol and this shall be described in the Protocol.
5.11 Upon initiation of bankruptcy or liquidation proceedings, the ASSIGNOR shall notify the ASSIGNEE within 7 (seven) days from delivery of the statement of claim or request for insolvency.
6.1 The Parties, taking into account the rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, (hereinafter referred to as the "Regulation"), as well as the domestic legislation of the Republic of Bulgaria in this area, lay down the following rules for the processing of personal data:
6.2 In the event that either Party becomes aware of a breach of security of the processing of personal data, it shall notify the other. Notification of a breach of security shall be made promptly, but no later than three (3) hours from the time of discovery, and shall contain at least the following information:
6.3 The Parties undertake to cooperate with each other in the performance of their obligations under applicable data protection legislation.
6.4 In exercising all rights and obligations under the above statutes, the Parties shall act in good faith, in a timely manner and without unreasonable delay.
6.5 In the event of termination of this Agreement or of personal data processing activities for the purpose of performance of this Agreement, the Parties agree that they shall, at the option of the other Party, delete or return all personal data and delete existing copies, unless European Union law or the law of the Republic of Bulgaria requires their retention.
6.6 In the event that in the event of culpable conduct of one of the Parties in the field of personal data processing, administrative - criminal or civil liability is realized against the other Party, then the latter shall be entitled to claim reimbursement of the paid amount, including all fees and costs from the guilty Party.
In the event that neither Party notifies the other in writing within 15 (fifteen) days prior to the expiration of the term of this Agreement, or the initial term of use of the cabin concerned, that it wishes to terminate the Agreement, the Agreement shall be deemed to have been extended indefinitely. In this case, it shall be terminated by giving 1 (one) month's written notice.
8.1 To the maximum extent permitted by applicable laws, any liability of the ASSIGNEE under the present Agreement and/or related to it, whether contractual or non-contractual, whether towards the ASSIGNOR or towards third parties, shall be limited to the amount of the fees effectively invoiced and collected under the Agreement.
8.2 The parties expressly agree that the ASSIGNEE shall not be liable for any damage or injury caused by the rental equipment to the ASSIGNOR, its employees, contractors, partners, subcontractors visitors, customers and/or its property and/or to other third parties and/or their property.
9.1 At the date of execution of this Agreement and during its performance, the ASSIGNOR warrants and guarantees that it has complied and will comply with all applicable laws (including rules, standards, and regulations).
9.2 In carrying out their responsibilities and exercising their rights under this Agreement, the Parties shall comply with all applicable anti-corruption and/or sanctions laws in the countries where the Parties have their principal or other places of business and where they conduct activities under this Agreement.
10.1 The termination of this Agreement shall be made by any of the methods set out in the sub-clauses below:
- in the event of bankruptcy or liquidation of one of the Parties
- in the event of objective impossibility for the ASSIGNEE to perform its obligations under this Agreement.
- in the event of Clauses 3.4 and 3.5 above
10.2 In the event that either Party culpably fails to perform its obligation under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting Party, giving it a reasonable time for performance, after which it shall be deemed to have terminated this Agreement. The aggrieved Party may recover from the Party in default all damages and loss of profits beyond the penalties agreed hereunder.
10.3 Upon expiry of the notice period under clause 10.2., the ASSIGNOR undertakes to make final repayment of the amounts due to the ASSIGNEE within 3 (three) days.
10.4 In the event that the ASSIGNOR terminates this Agreement prior to the expiration of the notice period under Section 10.2., the ASSIGNOR shall be liable to the ASSIGNEE for compensation in the amount of one month's service charge.]
All amendments and supplements to the provisions of this Agreement shall be made in writing by signing bilateral agreements.
12.1 The ASSIGNOR shall not assign its rights and/or obligations under this Agreement to any third party without the express written consent of the ASSIGNEE.
12.2 Parties explicitly agree that the ASSIGNEE shall have the right to assign and/or transfer and/or pledge part or all of its rights and obligations under the Present Agreement to any third party, by serving a written notice to the ASSIGNOR, but without the need of written approval by the ASSIGNOR. The ASSIGNOR undertakes to assist the ASSIGNEE in such transfer/assignment/pledge by executing all notices/agreement that may be required under applicable laws.
If, at any time, any provision or part-provision of this Agreement is or becomes invalid, null and void, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the other provisions in this Agreement.
14.1 This Agreement and any non-contractual obligations arising out of or in connection with this Agreement, are governed by the laws of the Republic of Bulgaria.
14.2 All disputes, arising from this contract or related to it, including those arising from or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in compliance with its Rules for Litigations, based on arbitration agreements.
15.1 This Agreement shall be signed in two identical copies, one for each of the Parties.
15.2 Each Party agrees that this Agreement and any other documents to be delivered in connection herewith (such as invoices, acceptance-delivery protocols, notifications etc.) may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
15.3 This Agreement has been executed and signed both in Bulgarian and in English language. In case of discrepancies between the Bulgarian and the English text, the Bulgarian text shall prevail.