GENERAL TERMS AND CONDITIONS OF THE VEHICLE RENTAL AND MAINTENANCE AGREEMENT
TERMS AND CONDITIONS
Concepts
Contract – general and special terms and conditions of the vehicle lease and maintenance agreement with all attachments, amendments, and supplements.
General terms and conditions of the vehicle rental and maintenance agreement (hereinafter - Terms and conditions) is an integral part of the Agreement, which sets forth information regarding the obligations of the Parties to the Agreement, general provisions on Vehicle rental and payment, the liability of the Parties to the Agreement, and other terms and provisions. In certain cases, at the Lessee's request, the General Terms and Conditions may be signed; in all other cases, when the Lessee wishes to rent more Vehicles, only the Special Terms and Conditions are signed, assigning a separate Agreement registration number, while the General Terms and Conditions apply to the rental of each specific Vehicle and are not signed separately each time.
Special conditions of the vehicle rental and maintenance agreement (hereinafter - Special conditions) – an integral part of the Agreement, setting forth the individual terms of the Agreement, the details of the Parties to the Agreement, the lease term and technical data of the Vehicle, the amount of the Lease Fee, Maintenance Fee, Advance Payment, value-added tax (VAT) and their payment terms, the Vehicle insurance terms and provided services, and the anticipated mileage of the Vehicle.
The parties to the contract– The Lessor and the Lessee.
Lessor - UAB BMS TECHNOLOGIJA, legal entity code 300138495, VAT payer code LT100001918019, registered office address Santariškių 55a-19, Vilnius, LT-08441, correspondence address Rodūnios kelias 2, Vilnius Airport, Terminal B. .
TenantThe legal entity / natural person specified in the special terms and conditions.
Seller – legal entity from which the Lessor purchases the Vehicle under a purchase and sale agreement.
Representatives of the countries. Following the date of signing of this Agreement, each Party shall appoint responsible employees who have the right to sign Vehicle Acceptance-Transfer Acts on behalf of the respective Party and to perform other actions provided for in this Agreement, and shall submit a document confirming the authorization of such persons. The Parties shall notify each other in writing (by e-mail) of the appointed responsible employees and any changes thereto during the validity period of the Agreement no later than within 5 (five) business days.
Insurer – a legal entity acting as an insurance company with which the Lessor (unless otherwise provided in the Agreement) concludes the Vehicle Insurance Agreement.
Insurance contract – A vehicle insurance contract or any other insurance contract (including the compulsory motor third-party liability insurance contract, if provided for in the Special Terms and Conditions) which is mandatory under the requirements of legal acts, pursuant to which the Lessor, acting as the policyholder, undertakes to pay the insurance premiums within the established time, and the Insurer undertakes, upon the occurrence of an insured event, to pay the insurance benefit to the Lessor as the beneficiary, unless the Parties agree otherwise. Upon agreement of the Parties (by providing for this in the Special Terms and Conditions and/or annexes supplementing the Agreement), the Lessee is obliged to pay the premiums under the Insurance Contract on behalf of the Lessor (in such case, the Lessor remains the beneficiary).
Insurance rules – Vehicle insurance rules determined by the insurer (their current version). Vehicle or Car– The vehicle specified in the Special Conditions, which the Lessor transfers to the Lessee for use and management under the conditions and in the manner set forth in the Agreement, for the rental period specified in the Special Conditions.
Fine – a financial penalty that a Party to the Contract has the right to impose on the other Party to the Contract for non-performance or improper performance of the terms of the Contract. The calculation and application of the fine in each specific case shall be provided for separately in the Contract. Franchise - the amount of material damage caused during an insured event, as defined in the Special Terms of the Agreement, which the Lessee undertakes to compensate themselves. The deductible is applied in the manner and under the conditions provided for in the Agreement.
Insurance payout – The maximum indemnity paid by the Insurer to the Landlord as the beneficiary, unless the Parties have agreed otherwise in the Agreement, for the compensation of damage caused during an insured event.
Payment schedule – A preliminary schedule of the Contract Fee, Advance Payment, Rent, Maintenance Fee, VAT payments, and Advance Compensations approved by the Parties to the Contract, which is drawn up in writing,
taking into account the planned date of transfer of the Vehicle to the Lessee, and signed by the authorized representatives of the Parties to the Agreement. The payment schedule is an integral part of the Agreement
Contract fee – a one-off fee paid by the Tenant to the Landlord for the preparation and execution of the Agreement. Avansas – The Special Conditions of the Agreement specify the fee that the Lessee pays to the Lessor under the conditions provided for in the Agreement, and which is offset against the Monthly Fees in the manner provided for in the Payment Schedule. The purpose of the Advance Payment is to ensure that the Lessee duly performs its obligations under the Agreement. In the event of termination of the Agreement prior to the expiration of the Vehicle lease term at the request of the Lessee or at the initiative of the Lessor due to the Lessee's failure to fulfill its obligations under the Agreement, as well as in the event of loss of the Vehicle or its irreparable damage as defined in the insurance rules, the Advance Payment shall not be refunded to the Lessee.
Monthly fee – the amount that the Tenant pays to the Landlord every month according to the VAT invoice issued by the Landlord. The monthly fee consists of the Rent and the Maintenance fee.
Rental fee – The portion of the monthly fee paid for the right to use the Car. The portion of the rental fee is fixed, .
Maintenance fee – The portion of the monthly fee paid for the services specified in the Special Conditions, as well as for other services and goods related to the use of the Vehicle chosen by the Lessee, even if not specified in the Special Conditions.
Additional fees– taxes incurred through no fault of the lessor.
Vehicle rental period – The period agreed upon by the Parties of the Agreement from the date of handover of the Vehicle to the date of return, during which the Renter has the right to use the Vehicle. The first day of the Vehicle rental term shall be considered the date of handover of the Car.
Vehicle handover date - the day when the Lessor hands over the Vehicle for the Lessee's use at the agreed location by signing the acceptance-delivery report.
Vehicle return date - the day when the Lessee returns the Vehicle to the Lessor at the location specified by the Lessor, enabling the Lessor to inspect the compliance of the Vehicle's technical condition with the terms of the Agreement, by signing the Vehicle return-acceptance act. The Vehicle return day is the last day of the Car rental period specified in the Special Conditions of the Agreement.
Third person– any natural or legal person who is not a Party to the Agreement.
Explanations:
- Depending on the context, words used in the singular in the Agreement may have plural meanings and vice versa.
- If the General Terms and Conditions of the Vehicle Rental and Maintenance Agreement conflict with its Special Terms and Conditions and the terms of the Agreement's appendices, the Special Terms and Conditions of the Agreement and the terms of the Agreement's appendices shall prevail.
- The headings of the contract parts are used for convenience and cannot affect the interpretation of specific provisions of the Contract.
- Subject matter of the contract
- By this Agreement, the Lessor undertakes to transfer the Vehicle to the Lessee for temporary management and use for the vehicle rental period, under the conditions, and in the manner established in the Agreement for the remuneration established in the Agreement, and the Lessee undertakes to timely and properly pay the Lessor the Agreement fee, Advance payment, Monthly fees established in the Agreement, and to fulfill other obligations under this Agreement.
- The Parties agree that the Lessee has the right to order additional Vehicles and/or Services during the term of the Agreement, by the Parties signing additional Special Conditions.
- The Parties expressly agree that during the period when the Vehicle is not transferred to the Lessee for temporary use in accordance with the terms of this Agreement, the Lessor has the right to fully dispose of, manage, and use it at its own discretion, and the Lessee has no and shall have no claims against the Lessor in this regard.
Handover and acceptance of the vehicle
- The transfer and acceptance of the Vehicle is formalized by the Parties signing a Vehicle Acceptance-Transfer Act or at the moment of the actual transfer of the Vehicle, whichever occurs earlier. The Agreement may be signed both physically and with an electronic signature.
- Along with the Vehicle, the Lessor undertakes to transfer to the Lessee all documents and other accessories necessary for the proper operation of the Vehicle.
- The vehicle must contain the minimum amount of fuel required for the Renter to reach the nearest servicing gas station in the city where the vehicle is handed over to the Renter.
- The vehicle is handed over to the Lessee fully equipped, in good technical condition, and ready for operation in accordance with the requirements of the Traffic Regulations, with a valid state technical inspection.
- From the date of signing of the Vehicle Acceptance-Transfer Report, the right to use the Vehicle, the risk of its accidental loss and damage, the liability of the operator of a source of increased danger, and the liability for the deterioration of the Vehicle shall pass to the Lessee. The Lessee shall also bear liability for losses and damage caused to third parties, their vehicles, or the environment in the course of using and operating the Vehicle. The Lessor shall not be liable for any defects of the Vehicle not discussed in the Vehicle Acceptance-Transfer Report signed by the Parties to the Agreement.
- Regarding any revealed hidden defects of the Vehicle, the Lessee undertakes to notify the Lessor immediately after noticing them, but no later than by the end of the warranty period specified in the Special Terms.
- If the Renter is late in collecting the Vehicle under this Agreement (including cases where the Vehicle cannot be handed over due to a delay in paying the Advance Payment, if provided for in this Agreement), a rental fee shall be charged to the Renter in accordance with the procedure set forth in clause 4.1, and if the collection of the Vehicle is delayed for more than 5 (five) business days, it shall be deemed that the Renter refuses to rent the Vehicle under this Agreement, and the Lessor shall have the right to rent the Vehicle to a Third Party. In this case, the Advance Payment paid by the Renter, if any was paid, shall not be refunded to the Lessor.
- In the event that the Vehicle is handed over to the Lessee by the Seller upon the Lessor's instruction at the Seller's place of business or another agreed location, the Lessee shall:
- undertakes to ensure that the Vehicle identification data matches those specified in the Special Terms;
- undertakes to verify whether the documentation handed over together with the Vehicle is complete and genuine, paying special attention to the established warranty periods, the warranty operation period, and the rules for the preservation of the Vehicle;
- undertakes to assume the risk of accidental loss of the Vehicle, accidental breakdown, as well as physical wear and tear and the liability of its operator from the acceptance of the Vehicle;
- has the right, when accepting the Vehicle, to invite experts and other specialists to ensure the proper acceptance of the Vehicle;
- does not have the right without the Lessor's written consent to accept a Vehicle that does not comply with the terms of the Agreement. Acceptance of the Vehicle signifies the Lessee's confirmation that the Vehicle complies with the Lessee's requirements (the specification of the Vehicle and its components agreed upon by the Lessee with the Lessor or the Seller).
Payment procedure
- The rental fee and other payments are calculated from the actual moment of transfer of the Vehicle or from the date when the transfer of the Vehicle should have taken place, but the Vehicle acceptance-transfer report was not signed due to the fact that the Lessee did not pay the advance payment or did not arrive to accept the Vehicle for temporary use on the day specified by the Lessor and did not state justified reasons for not accepting the Vehicle, i.e., from the beginning of the Rental Term. Payments for an incomplete calendar month are calculated in proportion to the number of calendar days of the month during which the Lessee rented the Vehicle.
- The Lessee undertakes to pay the Lessor a Monthly Fee for the rented Vehicle every month in accordance with the VAT invoice submitted by the Lessor. .
- The Payment Schedule attached to the Agreement is drawn up taking into account the planned date of delivery of the Vehicle to the Lessee. If the date of delivery of the Vehicle to the Lessee changes, the Rental and Maintenance fees shall start to be paid from the actual date of delivery of the Vehicle to the Lessee in accordance with the VAT invoice submitted by the Lessor.
- If VAT or other tax rates provided for in the legal acts in force in the Republic of Lithuania change, the Lessor has the right to unilaterally and fairly change any unpaid (regardless of the reasons) payment amount or any part thereof. Tax rates shall be calculated in accordance with the procedure established by the effective legal acts, applying the rate in force at the time the obligation to calculate the tax arose. The risk of changes in VAT or other tax rates is allocated to the Lessee.
- The VAT invoice for the Vehicle rental and rendered Services shall be submitted to the Lessee no later than by the 8th (eighth) day of the month following the end of the calendar month. For the expired reporting period (i.e., the calendar month), the Lessee shall settle within 15 (ten) business days from the date of issuance of the VAT invoice (invoice) to the Lessee. If the VAT invoice is not received by the term established in the clause, the Lessee must promptly contact the Lessor regarding the submission of this document or its copy. Non-receipt of the VAT invoice does not release the Lessee from the obligation to pay for the Vehicle rental and related services. The Parties agree that in the event that the VAT invoice is sent to the Lessee at the Lessee's e-mail address specified in the Agreement, the Lessee shall be deemed to have received it on the day following the sending. The Lessor has the right to unilaterally extend the payment term for the Lessee by a corresponding period if the Lessor is late in submitting the VAT invoice through its own fault.
- Payment is made by bank transfer to the bank account specified in the invoice issued by the Lessor. The VAT invoice shall be issued by the Lessor and submitted to the Lessee by post, fax and/or e-mail specified in the Agreement. When paying by bank transfer, the payment shall be deemed completed on the day when the transferred amount is credited to the Lessor's bank account.
- Tenant Under the General Terms of the Agreement, the VAT invoice for the rental of the Vehicle and the provided Services shall be submitted to the Tenant no later than by the 8th (eighth) day of the month following the end of the calendar month. For the expired reporting period (i.e., the calendar month), the Tenant shall settle within 15 (ten) business days from the date of issuance of the VAT invoice (invoice) to the Tenant. If the VAT invoice is not received by the term established in the clause, the Tenant must promptly contact the Lessor regarding the provision of this document or a copy thereof. Non-receipt of the VAT invoice does not release the Tenant from the obligation to pay for the rental of the Vehicle and related services. The Parties agree that in the event that the VAT invoice is sent to the Tenant's e-mail address specified in the Agreement, the Tenant shall be deemed to have received it on the day following the dispatch. The Lessor has the right to unilaterally extend the payment term for the Tenant by a corresponding period if the Lessor is late in submitting the VAT invoice through its own fault.
- The parties agree that the Lessor shall allocate payments received from the Lessee under this Agreement at its discretion, regardless of any statements specified in the payments made by the Lessee.
- The rent and other payments under this Agreement shall be made in Euros.
Tenant's guarantees, rights and obligations
- The Tenant hereby represents and warrants to the Landlord that:
- The Tenant has the right to enter into this Agreement and properly fulfill all obligations arising from it;
- The Agreement is a valid and binding obligation upon the Tenant, enforceable by law;
- The Tenant has all permits from its management and/or other bodies and state institutions, as well as other permits, decisions, approvals, and confirmations necessary to conclude this Agreement and fully perform all obligations assumed hereunder;
- Neither the execution of this Agreement nor the performance of the Tenant's obligations hereunder violates:
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- to any provisions of the Tenant's bylaws or other founding documents;
- to any judgment, order, ordinance, or directive of any court, state, or local government authority which the Tenant is required to obey;
- to any contract or other transaction to which the Tenant is a party;
- to the provisions of the law or other legal act applicable to the Tenant.
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- The Lessee shall accept and return the Vehicle in accordance with the provisions of the Agreement.
- The Lessee must comply with the operating instructions and recommendations for the Vehicle established by the manufacturer, as well as the usual requirements applicable to the use of a Vehicle of this nature, and ensure that the Vehicle is not used if its use would violate traffic rules, endanger the safety of the Lessee or third parties, their property, or the technical condition of the Vehicle.
- The Tenant undertakes to apply to the Landlord in writing at least 5 (five) business days in advance regarding the performance of manufacturer-recommended technical maintenance, additional maintenance or repair work, unless the Special Conditions agree that these duties are performed by the Landlord.
- The Tenant must immediately notify the Landlord of any odometer malfunctions.
- The lessee undertakes to use the Vehicle carefully, sustainably, in accordance with the purpose provided for in the technical documentation of the Vehicle and other requirements provided for in the rules of technical maintenance, use and operation of the Vehicle, which until
- The signing of the vehicle acceptance-transfer report is established by the vehicle manufacturer, Seller, and/or Lessor.
- When using the Vehicle, the Lessee undertakes to comply with all safety rules: when leaving the Vehicle, to lock all doors, not to leave all Vehicle documents in the Vehicle and to take them along (Vehicle registration certificate, technical inspection report, etc.), not to leave the Vehicle with the engine running, with open windows, sunroof or uncovered roof, with an open trunk, not to leave the Vehicle keys, alarm remote control, immobilizer control device, or other visually visible valuables in the Vehicle, and to use all available security measures (alarm, immobilizer, etc.).
- The Lessee undertakes to comply with the Vehicle mileage provided for in the Special Conditions of the Agreement. If the Lessee exceeds the specified Vehicle mileage, the Lessee must pay the Lessor the Fine established in the Special Conditions of the Agreement for each exceeded kilometer of mileage. Such settlement shall be carried out in accordance with the General Conditions of the Agreement; the VAT invoice for the vehicle rental and services provided shall be submitted to the Lessee no later than by the 8th (eighth) day of the month following the end of the calendar month. For the expired reporting period (i.e., the calendar month), the Lessee shall settle within 15 (ten) business days from the date of issuance of the VAT invoice (invoice) to the Lessee. In the event that the VAT invoice is not received by the term set in the paragraph, the Lessee must promptly contact the Lessor regarding the provision of this document or its copy. Failure to receive the VAT invoice does not release the Lessee from the obligation to pay for the vehicle rental and related services. The Parties agree that in the event the VAT invoice is sent to the Lessee at the Lessee's e-mail address specified in the Agreement, the Lessee shall be deemed to have received it on the day following the sending. The Lessor has the right to unilaterally extend the payment term for the Lessee by a corresponding period if the Lessor, through its own fault, delays the submission of the VAT invoice in the procedure specified in the paragraph.
- In the cases specified in the Special Conditions of this Agreement, the Lessee agrees, throughout the entire term of this Agreement, to pay on behalf of the Lessor the premiums for the Lessee’s mandatory civil liability insurance for the leased Vehicleand comprehensive vehicle insurance (Kasko) premiums for the Vehicle leased by the Lessee, as well as to cover all other expenses related to the Insurance Contract, designating the Lessor as the beneficiary of the insurance. In such a case, the Lessee undertakes to:
- At the time of signing the vehicle acceptance- Upon signing the Vehicle Acceptance and Transfer Act, the Lessee shall submit to the Lessor, in the cases specified in the Special Conditions of the General Terms and Conditions of this Agreement, the Lessee undertakes, for the entire term of this Agreement, to pay on behalf of the Lessoron the Lessor’s behalf, the premiums for the mandatory civil liability insurance and comprehensive vehicle insurance (Kasko) for the Vehicle leased by the Lessee, as well as to cover all other expenses related to the Insurance Contract, with the Lessor designated as the beneficiary. In such a case, the Lessee undertakes to: documents confirming payment of the insurance premiums listed in this paragraph in accordance with the Insurance Contract, or duly certified copies thereof. If the Lessee fails to submit the documents specified in this clause at the time of signing the Vehicle Acceptance and Transfer Act, the Lessor shall not sign the Vehicle Acceptance and Transfer Certificate and shall not transfer the Vehicle to the Lessee;
- periodically throughout the entire vehicle lease term, submit to the Lessor in the cases established in the Special Terms of the Agreement General Terms, the Lessee undertakes to pay, on behalf of the Lessor, the compulsory civil liability insurance and vehicle insurance (Kasko) premiums for the Vehicle leased by the Lessee throughout the entire validity period of this Agreement, as well as to pay all other expenses related to the Insurance Agreement, designating the Lessor as the beneficiary of the insurance. In such case, the Lessee undertakes: to submit documents confirming the payment of the insurance premiums listed in the clause or properly certified copies thereof. Such documents must be submitted to the Lessor at least 5 (five) business days prior to the expiration of the established insurance premium payment deadline. In the event that the Lessee fails to submit the documents specified in this clause on time, the Lessor has the right:
- immediately terminate this Agreement unilaterally after notifying the Lessee by email no later than the last day of the validity period of the compulsory civil liability insurance for vehicle owners and operators and/or comprehensive (CASCO) insurance paid for by the Lessee. In such a case, the Agreement shall be deemed terminated on the date of expiration of the compulsory civil liability insurance for vehicle owners and operators and/or comprehensive (KASKO) insurance, and the Lessee must return the Vehicle to the Lessor on the same day. If the Lessee fails to return the Vehicle on time,
The Lessee undertakes to pay the Lessor a late payment penalty in the amount of 100 (one hundred) EUR for each day of delay (separately for each Vehicle) and to compensate the Lessor for the losses incurred thereby, including, but not limited to, the premiums paid by the Lessor under the compulsory motor third-party liability insurance and/or CASCO insurance contract of the vehicle owners and operators for the period of the Lessee's delay in returning the Vehicle, penalties applied to the Lessor for late payment of premiums under the compulsory motor third-party liability insurance and/or CASCO insurance contract of the vehicle owners and operators, all losses resulting from non-insurable traffic accidents caused by the Lessee, all non-insurable losses regarding the damage to the Vehicle, etc.;
- pay the premiums in his own name under the compulsory civil liability insurance for vehicle owners and operators and/or comprehensive auto insurance policy, and not terminate the Agreement with the Lessee, notifying the Lessee of this by email no later than the last day of the validity period of the compulsory civil liability insurance for vehicle owners and operators and/or comprehensive (CASCO) insurance for which the Lessee has paid the premium. In such a case, the Renter agrees to pay the Lessor a penalty of 100 (one hundred) euros and to compensate the Lessor for any losses incurred, including, but not limited to, the premiums paid by the Lessor under the compulsory civil liability insurance policy for vehicle owners and operators and/or the comprehensive (CASCO) insurance policy, penalties imposed on the Lessor for late payment of premiums under the compulsory civil liability insurance policy for vehicle owners and operators and/or the comprehensive (CASCO) insurance policy, all losses resulting from non-insurable traffic accidents caused by the Renter, all non-insurable losses due to damage to the Vehicle, etc.
- In the event that the Lessee is not provided with the periodic vehicle maintenance and management services specified in Annex No. 2 to the Agreement, the Lessee must:
- During the validity period of the Agreement, to perform the State Technical Inspection of the Vehicle within the established deadlines and to pay all taxes related to this performance;
- To organize and/or perform, at one's own expense, periodic maintenance of the vehicles (depending on mileage and seasonality) at the frequency established by the vehicle manufacturer and specified in the technical documentation, at a car service center agreed upon with the Lessor. Upon the Lessor's request, the Lessee must submit supporting documents (VAT invoices, work completion acceptance acts, or others);
- to organize and/or perform periodic maintenance on the Vehicles at its own expense, in accordance with the frequency specified by the Vehicle manufacturer and set forth in the technical documentation, as provided in the General Terms and Conditions of the Agreement (depending on mileage and seasonality) at a repair shop agreed upon with the Lessor. Upon the Lessor’s request, the Lessee must submit supporting documents (VAT invoices, work completion reports, or other relevant documents); if the Lessee failed to perform or improperly performed the actions specified in this clause (obviously failed to comply with the requirement to seek maintenance at the specified time or after the relevant mileage, or obstructed the performance of maintenance work), the Lessor shall have the right to demand a penalty of 145.00 EUR (one hundred forty-five euros) from the Lessee, and if the Lessee repeatedly violates the aforementioned requirement, the Lessor shall have the right to unilaterally terminate the Agreement and demand that the Lessee compensate the Lessor for all losses incurred as a result of the early termination of the Agreement;
- to organize and/or perform works at one's own expense to maintain the proper condition of the Vehicle during its operation: to replenish or replace the Vehicle's operating materials (lubricants, fluids, etc.), if required by repair technology, to replace or repair necessary spare parts, assemblies, units, to perform other necessary works: diagnostics, adjustment, etc., as well as the restoration of the Vehicle after a traffic accident;
- equip the vehicle with a second set of tires (seasonal tires), if, in accordance with the requirements of the applicable laws of the Republic of Lithuania, the Vehicle is required to have a second set of tires (seasonal tires); at their own expense and effort, ensure that tires that have naturally worn out during the Vehicle’s operation are replaced with new ones;
- ensure that the vehicle's operating fluid levels are constantly checked and, if necessary, topped up using only fluids recommended by the manufacturer;
- pay the vehicle owners' or managers' user fee with own funds;
- Declare the pollution tax to the State Tax Inspectorate and pay it in the manner established by the legal acts of the Republic of Lithuania, if required by the legal acts of the Republic of Lithuania.
- In the event that the Services specified in Annex No. 2 to the Agreement are not provided to the Lessee, and suppliers of goods or services issue VAT invoices on behalf of the Lessee for the services provided to the Lessee and/goods issued by suppliers of goods or services on behalf of the Lessor, the Lessee shall, in accordance with the General Terms and Conditions of the Agreement, for the rental of the Vehicle and the Services provided shall be submitted to the Lessee no later than 10 (ten) business days after the end of the calendar month. The Lessee shall settle payments for the completed reporting period (i.e., the calendar month) within 15 (fifteen) business days from the date the VAT invoice (invoice) is issued to the Lessee. If the Lessee does not receive the VAT invoice by the deadline specified in this clause, the Lessee must contact the Lessor as soon as possible to request this document or a copy thereof. Failure to receive the VAT invoice does not relieve the Lessee of the obligation to pay for the rental of the Vehicle and related services. The Parties agree that if the VAT invoice is sent to the Lessee at the email address specified in the Agreement, the Lessee shall be deemed to have received it on the day following the date of dispatch. The Lessor has the right to unilaterally extend the payment deadline for the Lessee by the corresponding period if the Lessor is late in issuing the VAT invoice due to its own fault. In accordance with the procedure set forth in this clause, the Lessee undertakes to compensate the Lessor for the amounts specified therein by paying for the quantity of services and/or goods provided, including an additional 5 (five) percent of the amounts specified in the VAT invoices as the Lessor’s administration fee.
- The Lessor has the right to demand from the Lessee compensation for up to 100 (one hundred) percent of the damage caused, if the insurance payout was not paid due to the fact that:
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- The tenant intentionally provided false information or incomplete known information about the insured event;
- The tenant failed to fulfill or improperly fulfilled the conditions specified below:
- failed to comply with or improperly complied with the General Terms and Conditions of the Agreement. While using the Vehicle, the Renter agrees to comply with all safety rules: when exiting the Vehicle, to lock all doors, not to leave any documents in the Vehicle, and to take all Vehicle documents with them (Vehicle registration certificate, technical inspection report, etc.), not to leave the Vehicle running, with open windows, a sunroof, or an uncovered roof, or with an open trunk, and not to leave the Vehicle’s keys inside the Vehicle, the remote control for the alarm system, the immobilizer control unit, or other visually visible valuables; and use all available security measures (alarm system, immobilizer, etc.). the requirements of this section;
- The Lessee agrees to enter into a supplementary Vehicle Insurance Contract with the Insurer within 3 (three) business days of the payment of a portion of the insurance benefit, in order to restore the sum insured for the group of insured events under which the insurance benefit was paid;
- avoid any actions that may allow the Insurer to terminate the Insurance Contract, increase insurance premiums, or unilaterally change the terms;
- the damage was caused by the intentional acts or omissions of the Tenant. Other circumstances in which the damage was caused are not considered an insured event under the Insurers insurance rules established by the Agreement;
- in other cases where the Insurer’s insurance policy provides that no insurance benefit shall be paid for the damage incurred, or that only a portion of the benefit shall be paid, except in cases where the damage was caused by the Lessor’s direct fault.
- In the event of an insured event, the Tenant undertakes to:
- take all possible measures to rescue passengers, vehicles, and additional equipment, as well as to prevent further loss and eliminate the causes of additional loss, and to fulfill all of the policyholder’s obligations under the Insurance Contract in a timely and proper manner;
- immediately notify the police and (no later than within 1 (one) business day) the Lessor of any accident, destruction, fire, act of vandalism, theft, or attempted theft of the Vehicle or its additional equipment, and, if requested by the Lessor, provide additional information to substantiate the insured event with insured event reports drawn up by the Insurer or its authorized representatives, documents from law enforcement agencies, a traffic accident report, expert opinions, and other legally binding documents;
- within 1 (one) business day from the issuance of certificates regarding the registration of the incident by the above-listed services, submit the said certificates to the Lessor by e-mail, facsimile, and the originals of the certificates at the request of the Lessor no later than within 7 (seven) business days;
- do not start car repair work without the Lessor's knowledge;
- The Lessee must ensure that the Vehicle is driven by qualified and properly instructed drivers who hold the appropriate category of driver's license and valid driver's health examination medical certificates. In addition, when any persons are driving and using the Vehicle, the Lessee undertakes to ensure compliance with occupational safety requirements provided for by legal acts, proper work and rest schedules, and other related requirements.
- The Lessee is obliged to keep the Vehicle keys, license plates, and the Vehicle documents handed over by the Lessor, and in the event of losing at least one of them, to immediately inform the responsible person appointed by the Lessor and compensate the Lessor for the losses incurred thereby.
- The Lessee must take care of the leased Vehicle and notify the person designated by the Lessor if circumstances arise that prevent the operation and use of the Vehicle.
- Throughout the term of this Agreement, the Lessee must provide the Lessor with all conditions to unimpededly, at a pre-agreed time, inspect the Vehicle and inspect its technical condition, documentation, and operating conditions.
- The Lessee undertakes, without the written consent of the Lessor, not to pledge, sublease, exchange, sell, donate, or otherwise encumber the Vehicle with proprietary rights of third parties, not to use it as surety or guarantee, and to take all measures to prevent any restriction of the owner's title to the Vehicle by third parties.
- In the event that the procedure for taxation of vehicles changes during the term of the Agreement (a universal vehicle tax is introduced or the tax burden of the Lessor's vehicle rental business is otherwise increased), the Lessor has the right, without the prior written consent of the Lessee, to correspondingly recalculate the Rental fee and the Monthly fee paid by the Lessee.
- Without the Lessor’s prior written consent, the Lessee may travel only to the territories of the countries specified in the Vehicle Operator’s Civil Liability Insurance Certificate (hereinafter referred to as the “Insurance Certificate”). The Renter must obtain the Lessor’s prior consent for the Vehicle to travel to or be transported to territories of countries other than those specified in the insurance certificate. The Parties may conduct correspondence regarding the obtaining of such consent via email.
- The Lessee has the right to make improvements to the Vehicle after having agreed upon them in advance with the Lessor and having received the Lessor's written consent. The expenses incurred by the Lessee for the improvements of the Vehicles mentioned in this clause shall not be reimbursed to the Lessee, unless the Parties have agreed otherwise in writing in advance. In this case, the following provisions apply:
- Under the General Terms of the Agreement, the Lessee has the right to make improvements to the Vehicle, having previously coordinated them with the Lessor and received the Lessor's written consent. The expenses incurred by the Lessee for the improvements of the Vehicles mentioned in this paragraph shall not be reimbursed to the Lessee, unless the Parties have agreed otherwise in advance in writing. In such a case, the following provisions shall apply: the coordination with the Lessor provided for in the paragraph is not required for those improvements made by the Lessee that help protect the Vehicle or preserve it from total or partial destruction and which could not be coordinated with the Lessor in advance;
- The Lessee is not required to obtain the General Terms and Conditions of the Agreement. The Lessee has the right to make improvements to the Vehicle, provided that such improvements are agreed upon in advance with the Lessor and the Lessee has obtained the Lessor’s written consent. The Lessee shall not be reimbursed for expenses incurred for the Vehicle improvements mentioned in this section, unless the Parties have agreed otherwise in writing in advance. In such a case, the following provisions shall apply: the Lessor’s written consent, as provided for in this clause, is required for improvements that facilitate the operation of the Vehicle, do not impair the Vehicle’s technical condition, and can be removed from the Vehicle without causing damage to it;
- Upon expiration or termination of the Agreement, the Lessee shall have the right to retain any improvements made to the Vehicle, provided that, in accordance with the General Terms and Conditions of the Agreement, the Lessee is entitled to make such improvements to the Vehicle, after coordinating them in advance with the Lessor and obtaining the Lessor’s written consent. The Lessee shall not be reimbursed for any expenses incurred for the Vehicle improvements mentioned in this paragraph, unless the Parties have agreed otherwise in writing in advance. In such a case, the following provisions apply: the improvements must have been agreed upon with the Lessor and for which the Lessor’s written consent was given, provided that they can be removed from the Vehicle without causing damage to it.
- The tenant undertakes:
- to refuel the Vehicle with appropriate fuel meeting the quality requirements established by the Republic of Lithuania; 5.22.2. to immediately notify the Lessor of any claims by third parties related to the Vehicle; 5.22.3. where necessary, including cases where the destruction or damage of the Vehicle is related to a criminal offense, to call the traffic police, firefighters, and other necessary services.
- notify the Lessor immediately of the destruction, loss, or damage of the Vehicle, but no later than within 1 (one) calendar day, and provide all evidence related to the destruction, damage, etc. of the Vehicle to the Lessor.
- The Tenant compensates the Landlord's losses:
- when the compulsory civil liability and/or Casco insurance amount is not enough to cover the damage that has occurred;
- when damage is caused to the Vehicle after the Lessee travels to the territories of states other than those specified in the Vehicle owner's civil liability insurance certificate and no consent for the trip was given by the Lessor;
- when damage is caused to a vehicle due to a non-insurance event;
- When the Vehicle is stolen, hijacked or robbed, damaged, destroyed, confiscated, or otherwise lost or damaged through the fault of the Renter or Third Parties, and when the damage is not compensated by the insurance company. In this case, in the event of destruction or loss of the Vehicle, the losses are calculated based on the average market value of the Vehicle. In the event of damage to the Vehicle, the losses are calculated based on the prices of Vehicle parts, spare parts, and Vehicle repair submitted by the Lessor. All other losses related to the loss, theft, or damage of the Vehicle are calculated based on the expenses incurred and documented by the Lessor.
- The Renter is liable for damage caused by the rented vehicle to third parties, except in cases where the vehicle was lost due to illegal acts of other persons. If the vehicle insurance service is selected, this liability is limited to the amount of the deductible.
- If this Agreement establishes the Tenant's obligation to perform any actions, but the Tenant fails to properly perform it, the Landlord has the right to perform the respective actions themselves and demand that the Tenant compensate all losses incurred as a result of performing such actions.
- The Tenant confirms that the changed economic situation in the market and the changed economic situation of the Tenant do not give the Tenant the right to terminate this Agreement or demand its amendment or a reduction of the Rent. The Tenant bears all risks associated with the changed economic situation in the market and the changed economic situation of the Tenant.
- Upon termination of the Agreement, the Lessee undertakes to return the Vehicle to the Lessor in the same condition as it was handed over to the Lessee, taking into account normal wear and tear (the Vehicle must comply with the manufacturer's configuration, have all additional equipment handed over or installed by the Lessor, and meet the requirements of the state technical inspection). The normal wear and tear of the Vehicle does not include:
- body dents, deep scratches;
- damage to painted body surfaces: discoloration after removing stickers or the like;
- chips in glass, headlights, and mirrors;
- broken or cracked decorative wheel covers or deformed alloy wheels;
- damage to interior details (burnt or soiled seats, carpet or headliner, door trim, broken plastic dashboard, other plastic parts or trunk lid, window or door opening handles);
- malfunctioning devices and mechanisms;
- other defects resulting from improper vehicle operation.
- The Lessee undertakes at its own expense to represent the Lessor in all institutions, including, but not limited to, courts, state institutions, in relations with the Insurer and the Seller, insofar as it relates to the Car, its management, use and disposal. The Lessee must coordinate the actions to be performed in advance and immediately inform the Lessor about the fulfillment of this obligation, unless otherwise agreed in the Special Conditions. 5.29. The Lessee undertakes to give the Lessor consent to inspect the condition of the Vehicle within 1 (one) week from the date of receipt of the corresponding notice from the Lessor, indicating the time and place within the next 3 (three) working days. If the inspection was necessary because the Lessee did not fulfill the terms of the Agreement or fulfilled them improperly, the Lessee undertakes to reimburse all reasonable expenses of the Lessor related to the inspection.
Landlord's warranties, rights and obligations
- The Lessor has the right, upon receipt of the Lessee's consent, to inspect the condition of the Vehicle.
- The Lessor has the right, throughout the entire term of this Agreement, to monitor at any time how the Lessee is fulfilling the provisions of the Agreement.
- The Lessor undertakes to hand over the Vehicle within the period agreed upon by the Parties and to take it back in the manner prescribed by the Agreement.
- The monthly insurance premium is fixed at the time of signing the contract and remains unchanged throughout the entire term of the contract.
- The Lessor undertakes to issue certificates, powers of attorney, permits, and other documents necessary for the use of the Vehicle during the term of the Agreement in the Republic of Lithuania and other countries.
- The Lessor undertakes to provide, within the shortest possible time during the validity period of the Agreement, all additional services specified in the Special Terms of the Agreement and to perform the repair and/or maintenance of the Vehicle, if this is provided for in the Special Terms of the Agreement.
- During the validity of the Agreement, the Lessor undertakes to take all measures to ensure that the Lessee's ability to use the Vehicle in accordance with the Agreement is not restricted.
- The monthly fee is fixed at the time of signing the contract and remains unchanged for the entire duration of the contract.
- The lessor has the right to demand that the lessee cover expenses incurred not through the fault of the lessor, as well as to apply additional fees related to traffic violations committed by the lessee and their administration. The administration fee for a single traffic violation is equal to 30 (thirty) EUR excluding VAT.
State responsibility
- For each day of delayed payment under this Agreement, the Lessor has the right to demand that the Lessee pay a late payment penalty of 0.05 (five hundredths) of a percent of the overdue amount.
- For non-fulfillment or improper fulfillment of contractual obligations, the Parties shall be liable in accordance with the procedure established by this Agreement and the legal acts of the Republic of Lithuania. The Parties agree that the Party in breach of its contractual obligations shall reimburse the other Party for all reasonable and justified costs related to the recovery of amounts payable under this Agreement and damages in out-of-court or judicial proceedings or through another competent institution, including the Party's expenses for the services of lawyers (advocates), consultants, and advisors.
- If a Party breaches its obligations assumed under this Agreement or provides false representations or warranties, it undertakes to compensate the other Party for damages and cover any documented losses, expenses, and costs (including legal fees) incurred by the injured Party as a result of such breach or false representation. The Parties confirm and agree that, subject to applicable law, the indemnification of losses under this Agreement does not release the breaching Party from the further performance of the obligations assumed under this Agreement.
- The Parties agree that any payments not paid by the Tenant to the Landlord on time shall be set off against the amounts paid by the Tenant in the following order: first, late payment penalties are covered, damages are compensated, then overdue payments, and finally the Rent and other payments specified in this Agreement.
- The Lessee must compensate the Lessor for any expenses and losses incurred by the Lessor (including, but not limited to, sanctions applied by regulatory authorities) arising from the Lessee's failure to comply with the requirements set forth in this Agreement or established by law regarding the use of the Vehicle, as well as due to circumstances for which the Lessee has assumed responsibility under this Agreement.
- If a Party fails to fulfill its obligations under this Agreement or fulfills them improperly, the other Party shall have the right, upon written notice to the Party, to fulfill such obligations itself and to demand compensation from the Party for losses incurred during the fulfillment of such obligations.
- If this Agreement is terminated on the grounds provided for in Clauses 9.6 or 9.7 of the General Terms due to the fault of one of the Parties, the defaulting Party undertakes to compensate the injured Party for the losses incurred.
- Upon the occurrence of force majeure circumstances provided for in Article 6.253, Paragraph 2 of the Civil Code of the Republic of Lithuania, the Party which is wholly or partially unable to fulfill its contractual obligations due to these circumstances must immediately notify the other Party in writing of the occurrence of such circumstances, their expected duration, and correspondingly of the cessation of such circumstances, and no later than within 3 (three) working days from their occurrence, provide a document confirming this to the other Party to the Contract. If the force majeure circumstances continue for more than 3 (three) months, either Party shall have the right to terminate this Contract.
- If the Tenant fails to fulfill, improperly fulfills, and/or delays the fulfillment of the requirements of Clauses 5.22.2 or 5.22.4 of the Agreement, the Tenant shall pay to the Landlord a penalty in the amount of EUR 200 (two hundred euros) for each such case and shall compensate for other losses incurred by the Landlord. The penalty paid by the Tenant shall be credited towards the amount of the Landlord's losses.
Vehicle return
- Upon expiration of the Vehicle rental term, or upon early termination of the rental, or in the event of termination of the Agreement, the Vehicle shall be returned to the Lessor at the Lessee's risk on the last working day of the rental period during working hours. If the last day of the rental period falls on a non-working day or an official public holiday, the Vehicle shall be returned by 8:00 a.m. on the working day following it, unless the Parties have agreed otherwise in writing.
- The vehicle is considered returned to the Lessor at the moment of signing the vehicle return acceptance act.
- If the Renter is late in returning the Vehicle for more than 1 (one) hour, an hourly rental fee of EUR 14.00 (fourteen euros), including VAT, shall be charged for each subsequent delayed hour, unless the Parties have agreed otherwise in writing.
- If the Lessee delays returning the Vehicle for more than 5 (five) business days and fails to inform the Lessor thereof, provided there is no other objective evidence regarding the delay, the Lessor shall notify the police about the disappearance of the Vehicle.
- The Lessee must return the Vehicle in good technical condition and with the same equipment as was handed over to them, together with all improvements that cannot be separated without causing damage, and in a condition that corresponds to normal wear and tear (which is not classified as normal wear and tear specified in Clause 5.27 of the General Terms and Conditions of the Agreement) and is suitable for further operation.
- If the Vehicle is returned unwashed or with an uncleaned interior, the Renter shall reimburse the Lessor for the direct expenses related to the washing and/or cleaning of the Vehicle.
- No belongings of the Renter or Third Parties may remain in the Vehicle. The Lessor shall not be liable for any belongings of the Renter or Third Parties left in the handed-over Vehicle.
- If, during the handover of the Vehicle to the Lessor, defects or malfunctions of the returned Vehicle are identified that arose through the fault of the Lessee or as a result of the use of the Vehicle, in accordance with the Lessee's requirements or due to circumstances for which the Lessee is responsible, a vehicle defect report provided by the Lessor shall be signed. Only actual defects that can later be objectively assessed shall be recorded in the report. If the Lessee refuses to sign this defect report, the defect report signed unilaterally by the Lessor shall be deemed correct and justified. In such a case, the Lessee shall reimburse the Lessor for all expenses related to the elimination of the Vehicle's defects or malfunctions, as well as all related losses.
- The Lessee must appoint a responsible person to participate in the return and acceptance of the Vehicle. If no obvious exterior and interior defects of the Vehicle are identified during the Vehicle inspection, the Parties to the Agreement shall sign the Vehicle Return Act. The Vehicle Return Act is an integral part of the Agreement. The Lessor has the right to perform a detailed inspection of the returned Vehicle and to make claims to the Lessee regarding visible and invisible defects not identified during the return and acceptance within 14 (fourteen) business days from the date of signing the Vehicle Return Act. If obvious exterior or interior defects of the Vehicle are identified during the Vehicle inspection, the Lessor has the right to refuse to accept the Vehicle.
Validity of the contract
- This Agreement shall enter into force from the date of its signing, and the expiry date of the Agreement is specified in the Special Conditions.
- Upon termination of the Agreement (either upon its expiration or early termination), obligations of the Parties that have been partially or fully unperformed shall remain in effect and shall remain in force until such Party duly and fully performs them.
- Upon expiration of the Agreement term specified in the Special Terms, the Agreement shall be automatically renewed for one (1) year under the same terms and conditions, including rental pricing, unless either Party notifies the other Party in writing of its intention not to renew the Agreement no later than 30 (thirty) calendar days prior to the expiration of the Agreement term.
- All amendments, supplements, and annexes to this Agreement shall be valid if they are made in writing, signed in 2 copies, one for each Party, or in 1 copy by the electronic signatures of the representatives of both Parties.
- This Agreement may be terminated only by a written agreement of the Parties, except for the cases specified in clauses 9.6, 9.7, 9.9, and 9.10 of the General Terms and Conditions of this Agreement.
- The Lessor has the right to unilaterally terminate this Agreement before the expiration of the lease term if:
- The Lessee uses the Vehicle for a purpose other than that provided for in the Agreement, if the Lessee has been warned in writing by the Lessor and has not ceased the violation or has committed it repeatedly;
- The Renter intentionally or negligently deteriorates the condition of the Vehicle, if the Renter has been warned about this in writing by the Lessor and has not ceased the violation or has committed it repeatedly and/or has not eliminated all the consequences of this violation;
- The Lessor, by giving a notice to the Lessee, has the right to immediately unilaterally terminate this Agreement without prior written notice if the Lessee fails to pay the rent and/or other fees established in this Agreement for more than 15 (fifteen) business days.
- the Lessee, without the Lessor's written permission (consent, approval), makes improvements and other works or actions to the leased Vehicle (e.g., sublease, pledge of the Vehicle, etc.) for which the Lessor's written permission (consent, approval) is required under this Agreement, if the Lessee was warned about this in writing by the Lessor and did not terminate the breach or committed it repeatedly and/or did not eliminate all the consequences of this breach;
- The Tenant is in breach of the conditions set out in clauses 5.8, 5.18, and 5.20 of the General Terms and Conditions of the Agreement;
- Except in cases provided for in the Agreement.
- The Lessee has the right to unilaterally terminate this Agreement before the expiration of the lease term, if:
- The Lessor fails to transfer the Vehicle to the Lessee within the period agreed upon by the Parties;
- The Vehicle becomes unfit for use for the purpose provided for in this Agreement, or other reasons arise that restrict the Lessee's right to freely use the Vehicle in accordance with this Agreement, provided that the Lessor has been notified thereof in writing by the Lessee and has failed to remedy the breach within a reasonable time;
- The Vehicle handed over by the Lessor has defects that were not discussed by the Lessor and were not known to the Lessee, and due to these defects, the Vehicle cannot be used in accordance with its purpose provided for in this Agreement and under the conditions of this Agreement;
- Except in cases provided for in the Agreement.
- When the circumstances and grounds provided for in the clauses of the General Terms and Conditions of the Agreement "The Lessor has the right to unilaterally terminate this Agreement before the expiration of the lease term if:" and "The Lessee has the right to unilaterally terminate this Agreement before the expiration of the lease term if:" arise, this Agreement shall be terminated in accordance with the following procedure: the Party terminating the Agreement, having given a 7 (seven) calendar days' prior written notice to the other Party, shall unilaterally terminate the Agreement before the expiration of the term out of court. The notice period for the termination of the Agreement shall begin to run from the date of receipt of the notice. The notice of termination shall be deemed received by the other Party: on the date of its receipt or delivery when it is delivered by registered mail or by courier, or 3 (three) days after the date of dispatch of the notice, when sent to the other Party's details specified in the Agreement.
- The Lessor has the right to immediately terminate the Agreement unilaterally out of court by submitting a written notice to the Lessee if judicial or out-of-court bankruptcy proceedings have been initiated against the Lessee or a resolution (decision) has been adopted to liquidate the Lessee.
- The Parties have the right to unilaterally terminate this Agreement without stating a reason, by giving a written notice to the other Party 14 days prior to the intended termination of this Agreement, except in cases where the Parties agree on a shorter notice period by an additional written agreement. The termination period of this Agreement shall start to be calculated from the day of dispatch of such notice. The Parties may give notice of the termination of the Agreement only after 6 (six) months from the date of handover of the Vehicle, unless the Parties agree in writing on a different term of validity of the Agreement. The Lessee, when terminating the Agreement in the manner set forth in this clause, must pay to the Lessor the Agreement termination Fine, which is equal to the amount of 6 (six) months of regular Monthly fees under the Agreement.
- If by the date of termination of the Agreement the Tenant remedies the breach that served as the basis for the termination of the Agreement, the Agreement shall remain in force.
- In the event that the Agreement is terminated through the fault of the Tenant (if the Agreement is terminated during the period from the signing of the Agreement up to and including the 12th (twelfth) month of the lease), the Agreement termination penalty for the Tenant shall be equal to the amount of 9 (nine) months of regular payments under the Agreement. If the Agreement is terminated during the period from the 12th (twelfth) month of the lease up to and including the remaining months of the lease until the end of the Agreement, the Agreement termination penalty for the Tenant shall be equal to the amount of 6 (six) months of regular payments under the Agreement.
Special conditions
- The Parties to the Agreement shall not be liable for the non-performance or improper performance of the obligations under the Agreement and for the material damage caused, if this occurred due to circumstances of force majeure that were not caused by the direct or indirect action or inaction of the Parties to the Agreement and which the Parties to the Agreement did not know and could not foresee at the time of concluding the Agreement.
- Force majeure circumstances take effect from the date of their confirmation by the competent authorities of the Republic of Lithuania, but no earlier than one of the Parties to the Contract has notified the other Party of the inability to fulfill the obligations under the Contract;
- Circumstances that affected a Party's activities, the possibility of which the Parties took into account when concluding the Agreement, i.e., circumstances and conditions occurring in Lithuania and its economy, decisions of state or municipal institutions that caused the reorganization, privatization, liquidation, change of activity, suspension (obstruction) of either Party, substantial changes in the legal regulation of vehicles, and other circumstances that should be considered special but are foreseeable in Lithuania at the time of concluding the Agreement, are not considered irresistible force (force majeure). Irresistible force (force majeure) shall also not be considered the lack of goods on the market necessary for the performance of the obligation, the lack of necessary financial resources by a Party to the Agreement, or the breach of their obligations by the Party's contractors;
- If the circumstance rendering the performance of the Agreement impossible is temporary, the Party shall be released from liability only for such period as is reasonable, taking into account the impact of that circumstance on the performance of the Agreement;
- The Agreement terminates when its performance becomes impossible due to force majeure for which the Party is not responsible. The Agreement terminates on this basis only if the force majeure event arose before the Party was in breach of the Agreement. The fact of force majeure must be proved by the Party.
- The parties to the Agreement undertake not to disclose to Third Parties information regarding the conclusion of the Agreement and its terms, as well as other information about the Parties, beyond what is necessary for the proper performance of the Agreement, internal or external supervision, shareholders, or audit, and to take all measures to prevent the aforementioned information from reaching Third Parties, except for authorized representatives of the Parties to the Agreement. The aforementioned information may be disclosed to Third Parties with the prior written consent of the other Party or when the obligation to provide such information to competent state institutions is established by the laws of the Republic of Lithuania.
- The Tenant agrees that the Landlord may process the Tenant's data provided by the Tenant and/or obtained from other sources, to the extent necessary for the conclusion of this Agreement and to ensure its proper performance, by performing any data processing operations that do not contradict the law. The Tenant also agrees that the Landlord may collect data about the Tenant from other sources, including, but not limited to, banks, other companies, institutions, organizations, and process such data for the purpose of assessing the Tenant's solvency and managing their debt, and in the event of their failure to perform or improper performance of their obligations under the Agreement, transfer their data to companies whose activities are related to debt collection or to other persons, in compliance with the provisions of the Law on Legal Protection of Personal Data of the Republic of Lithuania and other legal acts. The Tenant has the right to apply to the Landlord in writing with a reasoned request to correct inaccurate data or to object to the processing of their data if they believe that their data is incorrect, inaccurate, incomplete, or processed unlawfully. The Landlord must inform the Tenant about the data corrected upon their request, the termination of data processing, or the refusal to satisfy the request.
- Notwithstanding the confidentiality obligation provided for in the General Terms and Conditions, the Parties to the Agreement undertake not to disclose to Third Parties information regarding the conclusion of the Agreement and its terms, as well as other information about the Parties, beyond what is necessary for the proper performance of the Agreement, internal or external supervision, to shareholders or for audit purposes, and to take all measures to prevent the said information from reaching Third Parties, except for authorized representatives of the Parties to the Agreement. The said information may be disclosed to Third Parties with the prior written consent of the other Party, or when the obligation to provide such information to competent state authorities is established by the laws of the Republic of Lithuania. point, either Party has the right to disclose confidential information to its employees (if any), participants (if any), shareholders, attorneys, credit management companies, auditors, advisors chosen by the Party, and/or consultants on the condition that they assume the confidentiality obligations provided for in this Agreement. The Parties shall be liable to one another if their employees, participants, attorneys, auditors, advisors, or consultants violate the Parties to the Agreement undertake not to disclose to Third Parties information regarding the conclusion of the Agreement and its terms, as well as other information about the Parties, beyond what is necessary for the proper performance of the Agreement, internal or external supervision, to shareholders or for audit purposes, and to take all measures to prevent the said information from reaching Third Parties, except for authorized representatives of the Parties to the Agreement obligations provided for in the General Terms and Conditions.
The aforementioned information may be disclosed to third parties with the prior written consent of the other Party, or when the obligation to provide such information to competent state institutions is established by the laws of the Republic of Lithuania, subject to the confidentiality commitment provided for in the clause. Notwithstanding the General Terms and Conditions, the Parties to the Agreement undertake not to disclose to third parties information about the conclusion of the Agreement and its terms, as well as other information about the Parties beyond what is necessary for the proper performance of the Agreement, internal or external supervision, to shareholders or for an audit, and also to take all measures to prevent the aforementioned information from coming into the possession of third parties, except for authorized representatives of the Parties to the Agreement. The aforementioned information may be disclosed to third parties with the prior written consent of the other Party, or when the obligation to provide such information to competent state institutions is established by the laws of the Republic of Lithuania, subject to the provisions of the clause.
- If, according to the conclusion of the company providing vehicle repair services, in the event of a traffic accident or other incident, the Vehicle is damaged beyond repair, the Lessee must return it to the Lessor under a acceptance-transfer act, with the Parties concluding an agreement on the termination of the Agreement. Until the Vehicle is returned to the Lessor, the Monthly Fee provided for in the Agreement shall be charged to the Lessee. Upon the Lessor receiving in full the CASCO insurance payout due as a result of the insured event, the Monthly Fee for the period from the date of the traffic accident to the date of the return of the Vehicle shall be refunded to the Lessee within 7 (seven) business days. In the event that the CASCO insurance payout is not paid or is only partially paid due to circumstances for which the Lessee is responsible, the Monthly Fee for the period specified in this clause shall not be refunded to the Lessee. If the party at fault for the accident is not the Lessee, a replacement vehicle shall be provided under the Civil Liability insurance for the entire period until the company providing vehicle repair services issues a conclusion that the vehicle is damaged beyond repair. If the party at fault for the accident is the Lessee, a replacement vehicle shall be provided for up to 7 days under the CASCO insurance. If the conclusion that the vehicle is damaged beyond repair is not provided by the company providing vehicle repair services within 7 days, the Lessor shall provide a replacement vehicle of identical or similar parameters for the entire period until the conclusion is provided, for an additional fee specified in the Special Conditions Annex of the Agreement.
- In the event that the Vehicle was irreparably damaged under the circumstances specified below, the Renter must pay the Lessor, within 10 (ten) calendar days from the return of the Vehicle, a fine in the amount provided for in Clause 9.12 of the General Terms and Conditions of the Agreement, taking into account the termination period from the signing of the Agreement specified therein:
- damage caused to a vehicle while being driven by a person not entitled to drive that type of vehicle;
- The person driving the vehicle fled the scene of the traffic accident in violation of the Road Traffic Rules;
- The person driving the vehicle submitted knowingly false or forged data about the incident and its consequences;
- Damage caused to the vehicle when the person driving it was intoxicated or under the influence of medication, narcotics, or other intoxicants, or evaded sobriety testing. Intoxication or being under the influence is treated according to the legal acts of the country where the incident occurred;
- damage to the vehicle was caused intentionally or through gross negligence;
- damage caused to a vehicle due to the person driving it failing to obey lawful commands of state officials;
- Damage caused to a motor vehicle when it or its towed trailer is technically defective (as specified by the Road Traffic Regulations). If there is no causal link between the technical condition and the incident, this condition does not apply;
- The event is recognized as non-insured. Whether the event can be considered an insured event is determined in accordance with the Lessor's insurance company's Insurance Rules.
Dispute resolution
- In concluding, executing, and amending the Agreement, as well as in applying liability, the Parties shall in all cases comply with the laws and other legal acts of the Republic of Lithuania.
- The Lessor and the Lessee undertake to do everything possible to resolve disputes and disagreements arising between the Parties to the Agreement regarding the conclusion, execution, amendment, supplementation, and application of liability of the Agreement through amicable negotiations.
The Parties to the Agreement undertake to resolve disputes arising from the Agreement that cannot be resolved through negotiations in accordance with the procedure established by the laws of the Republic of Lithuania.
Amendments and supplements to the contract
-
- The Agreement may be amended or supplemented only with the written consent of the Parties to the Agreement, except in cases where the adoption, amendment, or repeal of laws or other legal acts of the Republic of Lithuania renders any provision of the Agreement unlawful or invalid (pursuant to the provision of the General Terms and Conditions of the Agreement: If any provision of the Agreement becomes contrary to the laws of the Republic of Lithuania or other EU legal acts, it shall be replaced by a lawful provision closest in meaning to the invalid provision in such a way that it does not affect the validity of the other provisions of the Agreement. The Lessor shall immediately notify the Lessee in writing of any amendments to the Agreement necessitated by changes in laws).
- The Special Conditions of this Agreement may be amended and supplemented only by a written agreement of both Parties, which shall become an integral part of this Agreement. In the event that the Parties amend the Special Conditions, the Parties shall sign an amended agreement, attaching thereto the entire updated version of the Special Conditions.
- If any provision of the Agreement becomes contrary to the laws of the Republic of Lithuania or other EU legislation, it shall be replaced by a lawful provision that is closest in meaning to the invalidated provision in such a way that it does not affect the validity of the other provisions of the Agreement. The Lessor shall immediately notify the Lessee in writing of any amendments to the Agreement caused by changes in the law.
Contract extension
- By written agreement between the Lessor and the Lessee, the Agreement may be extended. The extension of the Agreement shall be formalized by a written agreement of the Parties, which shall become an integral part of the Agreement.
- The Lessee must inform the Lessor of the request to extend the Agreement no later than 2 (two) months before the expiration of the Vehicle lease term.
- Upon extending the Agreement, each Party has the right to demand the amendment, deletion, or establishment of new terms of the Agreement, i.e.,.
y. the terms valid on the day of signing of this Agreement shall not be binding upon the Parties. If the Parties fail to agree on new desired terms of the Agreement, the Agreement shall not be extended.
Conclusion
- The Parties confirm that all terms and conditions of this Agreement were discussed individually, negotiations took place, and as a result of the negotiations reached agreement, neither this Agreement nor any individual term hereof may be deemed to unreasonably grant the other Party an undue advantage, and the Parties have disclosed to each other all information known to them that is of material importance for the conclusion of this Agreement.
- This Agreement supersedes and takes precedence over any prior proposals, correspondence, agreements, or other communication between the Parties, whether written or oral. The Parties declare that this Agreement reflects their will, and the meaning and consequences of this Agreement have been explained to the Parties.
- The Parties confirm that they have thoroughly familiarized themselves with the terms of the Agreement, and that such terms are clear, understandable, and acceptable to them. The Parties declare that they are signing this Agreement of their own free will and volition, without any fraud, coercion, or pressure that would compel the Parties to enter into this Agreement. The Parties declare that the Agreement is concluded without violating and without the intent to violate the legal acts of the Republic of Lithuania, that it is concluded in accordance with the principles of good faith, reasonableness, and justice, and that the Parties have disclosed to each other all circumstances relating to the conclusion of this Agreement.
- All notices, consents, requirements or other documents (except for invoices) that must or may be sent under this Agreement shall be in writing and sent by registered mail or delivered in person to the contact persons specified in the Special Terms at their specified addresses.
- The Parties agree that communication shall take place using the contact details of the Parties specified in the Agreement by registered mail or e-mail. Correspondence, including, but not limited to, VAT invoices, shall be deemed delivered to the recipient on the 3rd (third) business day after dispatch when sent by registered mail, and on the next business day after the dispatch of the correspondence by e-mail.
- Each Party must notify the other Party no later than within 5 (five) business days of any change to the requisites or settlement bank account specified in this Agreement, in accordance with the procedure established in this paragraph. A Party that has failed to fulfill this requirement may not raise claims or objections that the actions of the other Party, performed using the last known requisites specified by the other Party, fail to comply with the terms of the Agreement or that it did not receive notices sent according to the requisites specified by itself. Until notification of a change of address is provided, all notices and other correspondence sent to the address specified in this Agreement shall be deemed to have been duly delivered.
- Each Party shall bear its own expenses incurred in connection with the conclusion of the Agreement, including, but not limited to, fees and remuneration for its advisors and lawyers.
- The Tenant confirms that they have read the General Terms and Conditions, Special Terms and Conditions of the Agreement, and all annexes thereto.
- The appendices attached to this Agreement are considered an integral part of the Agreement:
Appendix No. 1Checklist for traffic accidents;
Appendix No. 2List of provided services;
- This Agreement is executed in 1 (one) copy and signed by the representatives of both Parties with qualified electronic signatures.
Lessor Lessee
UAB BMS TECHNOLOGIJA
Company code 300138495 VAT LT100001918019
Address: Rodūnios kelias 6, Vilnius
A.S. (IBAN) LT664010051003342313 SWIFT AGBLLT2X
Bank code 40100
Luminor Bank
Petras Petraitis
A.k. 444444444444
Address: Petro Petraicio st., Vilnius
Name, surname, signature Name, surname, signature /seal/
Appendix No. 1
MEMORANDUM IN THE EVENT OF A TRAFFIC ACCIDENT OR CAR BREAKDOWN
- Following a traffic accident involving a vehicle rented from BMS TECHNOLOGIJA, UAB (hereinafter referred to as the Company), as well as in the event of theft, damage, or other similar incidents involving the vehicle, the person driving the vehicle must immediately notify the Company by e-mail info@greenmotion.lt, phone number +370 0023699 or directly the responsible person of the Company's regional transport department by phone and/or e-mail and the insurance company where the Car is insured with Compulsory Third Party Liability Insurance (phone number is indicated in the insurance policy).
- In the event of a traffic accident, the person driving the vehicle must call the road police or fill out a traffic accident report form with the other parties involved in the accident (it consists of two sheets – the original and a copy), making sure to indicate the person at fault for the accident and having both parties involved in the traffic accident sign it. If the drivers do not have accident report forms, they can describe the circumstances and draw a diagram of the accident on a blank sheet of paper.
- Ask the other party of the traffic accident to provide their available documents (driver's license, vehicle registration certificate, technical inspection certificate, insurance policy) and copy down their information.
- On the same day (if possible), deliver the vehicle and the completed 1st page of the traffic accident report form (or, if the police are called, the police certificate) for inspection to the at-fault party's insurance company, or contact the Company's responsible person if it is not possible to go to the insurance company yourself.
- No later than the next business day, deliver the Car to the Company's servicing division and submit copies of the traffic accident report (or, if the police are called, the police certificate) and the insurance company's car inspection report to the responsible person.
- In the event of a car accident, it is necessary to call the police in the following cases:
- a person was killed or injured;
- during the incident, more than 2 (two) vehicles collided;
- the countries disagree on the circumstances;
- The person whose property has been damaged is not at the scene (e.g., a knocked-down pole or fence).
- In the event of any uncertainties, please contact the Company's responsible persons or the insurance company where the Vehicle is insured under Compulsory Third Party Liability Insurance (the telephone number is indicated on the insurance policy).
- In the event of a vehicle breakdown, call +37060023699 or contact the employees of the Company's nearest regional division directly.
Appendix No. 2
DESCRIPTION OF SERVICES PROVIDED
Refueling and vehicle wash (fuel card).
The Lessor shall assign a fuel card to the Vehicle, which shall be handed over to the Lessee or their designated responsible person together with the Vehicle at the time of the handover-acceptance of the Vehicle. Using the issued fuel card, the Lessee may purchase fuel, car wash services, and goods at the gas stations specified by the Lessor.
The Lessee is fully responsible for the proper use and safekeeping of the handed-over fuel card. In the event of loss of the card, the Lessee shall immediately inform the Lessor thereof and compensate for all losses related to the loss of the card.
Vehicles can be washed at gas stations using fuel cards issued to the Lessee, or at other car washes with which the Lessor has entered into agreements, by selecting the „Standard“ wash program.
The Tenant pays the Landlord for services based on the VAT invoice issued by the Landlord within the term specified therein.
The lessor declares and pays the pollution tax in accordance with the procedure established by law.
Compulsory motor third party liability insurance.
The Lessor shall ensure at its own expense and by its own efforts that the Vehicle is insured with compulsory motor third-party liability insurance throughout the entire period of the lease and provision of Services.
Comprehensive car insurance.
The Lessor assumes all risk that the Vehicle is covered against traffic accidents, illegal acts of third parties, fire, natural disasters, and theft. Pursuant to these provisions, the Lessee shall bear all provisions applicable to the insured's liability in accordance with the vehicle insurance rules of the insurance company with which the Lessor has concluded a vehicle insurance contract (hereinafter referred to as the Insurance Rules), attached to the Agreement as a separate appendix.
If damage is caused to the rented Vehicle in the event of a car accident, due to illegal activities of the Lessee or third parties, fires, natural disasters, and other events that cause damage to the Vehicle, and it turns out that the Vehicle was not insured, the risk of covering the losses shall be assumed by the Lessor, except in cases where:
- damage caused to a vehicle while being driven by a person not entitled to drive that type of vehicle;
- The person driving the vehicle fled the scene of the traffic accident in violation of the Road Traffic Rules;
- The person driving the vehicle submitted knowingly false or forged data about the incident and its consequences;
- Damage caused to the vehicle when the person driving it was intoxicated or under the influence of medication, narcotics, or other intoxicants, or evaded sobriety testing. Intoxication or being under the influence is treated according to the legal acts of the country where the incident occurred;
- damage to the vehicle was caused intentionally or through gross negligence;
- damage caused to a vehicle due to the person driving it failing to obey lawful commands of state officials;
- Damage caused to a vehicle when it or its towed trailer is unroadworthy (as specified by the Road Traffic Rules). If there is no causal link between the technical condition and the incident, this condition does not apply.
- The incident is recognized as uninsured. Whether an incident can be considered insured is determined in accordance with the Insurance Rules of the Lessor's insurance company. If the incident is recognized as uninsured, the Lessee shall fully and completely compensate the Lessor for the losses incurred due to the incident. The amount of the insurance deductible (franchise) is specified in the Special Terms of the Agreement.
Insurance administration.
The service provided by the Lessor to the Lessee, where the Lessor performs the necessary procedures related to the processing of the insured event, organizes the necessary vehicle restoration work until the insurance payout is made or the Insurer issues a reasoned refusal to pay it, and pays the vehicle restoration costs according to the submitted invoices.
State technical inspection and administration.
Throughout the entire term of the Agreement, the Lessor shall arrange for the State Technical Inspection of the Vehicle to be performed within the established deadlines and shall pay all related fees. The Lessor shall inform the Lessee about the expiration of the State Technical Inspection verbally and by e-mail no later than 1 (one) week prior to the expiration date and shall indicate the location where the inspection is to be performed, to which the Lessee shall deliver the Vehicle, unless the Parties agree otherwise.
Periodic maintenance and administration.
The Lessor organizes periodic maintenance of the Vehicle at the frequency established by the Vehicle manufacturer and specified in the technical documentation (depending on mileage and seasonality) and pays the related expenses. The Lessee delivers the Vehicle to the maintenance location (maintenance station) at a time agreed upon in advance with the Lessor, unless the Parties agree otherwise.
If the costs for periodic technical maintenance of the Vehicle are not included in the Maintenance Fee and the Lessee has not chosen the invoice administration service, the Lessee shall pay the periodic technical maintenance costs to the Technical Maintenance Station itself.
Additional maintenance, repair and administration.
Additional maintenance, repair and administration include:
- performing the necessary work to maintain the vehicle in a proper condition during its operation: topping up or replacement of vehicle operating materials (lubricants, fluids, etc.) if required by the repair technology, repair and/or replacement of spare parts, diagnostic and adjustment work, etc. The Lessee shall provide the window washing fluid required for the vehicle at their own expense.
- Vehicle restoration after a traffic accident as well as overhaul of individual assemblies and components.
- The Lessor undertakes to provide maintenance and repair services within 8 (eight) business hours from the moment the Vehicle is handed over to it. Considering the complexity of the work to be performed, the Parties may agree on a longer term for the performance of repair work.
- For maintenance and repair, the Lessee shall deliver the vehicles to the service provision location specified by the Lessor, of which the Lessor shall inform the Lessee at least 1 (one) business day in advance. The vehicle shall be collected from the service provision location specified by the Lessor by the Lessee, unless the Parties agree otherwise in writing.
Roadside assistance 24/7.
The Lessor provides the Lessee with 24-hour roadside assistance in the event of a vehicle breakdown or traffic accident. If the breakdown or incident that renders the vehicle inoperable is the fault of the Lessee, the Lessee shall reimburse all expenses incurred by the Lessor related to the transport of the vehicle to the repair shop. Otherwise, all expenses shall be borne by the Lessor. The impact of the Lessee's actions/omissions on the vehicle breakdown or incident shall be determined by an expert commission consisting of representatives appointed by the Lessee and the Lessor.
Tire supply.
Considering the requirements of the applicable legal acts of the Republic of Lithuania, if the Vehicle is required to have a second set of tires (seasonal tires), the Lessor shall provide the Vehicle with a second set of tires (seasonal tires). At the Customer's request, the Lessor may also provide an additional set of tires.
Tire mounting, balancing, storage, replacement.
The service provided by the Lessor to the Lessee, whereby the Lessor organizes the seasonal change of the Vehicle's tires or wheels and the storage of off-season ones and pays for these expenses, and is also responsible for replacing the tires that have naturally worn out during the operation of the Vehicle with new ones. The Lessor organizes and performs the seasonal change of the Vehicle's tires/wheels in accordance with the requirements of the Road Traffic Regulations and road traffic conditions: removal and installation of vehicle tires, demounting and mounting, and balancing.
Provision of a replacement vehicle.
The provision of a replacement vehicle includes:
- During a vehicle accident, repair, technical inspection, maintenance, and similar cases, if the listed work takes longer than 48 (forty-eight) hours, the Lessee shall be provided with
replacement vehicle. If the Parties have agreed in the Special Conditions of the Agreement on the additional service of providing a replacement vehicle, the Lessor undertakes, within 1 (one) business day after receiving the Lessee's written notice, to provide a replacement Vehicle of the same, but no higher than medium class, for the period specified in the Special Conditions of the Agreement.
- If the vehicle is no longer fit for operation due to circumstances beyond the Lessor's control, a replacement vehicle is provided by agreement of the parties, subject to the payment of the rental fee.
- The vehicle is provided for no longer than 5 (five) days per calendar year, unless otherwise specified in the Special Conditions. A replacement vehicle is provided to the Lessee. presented to the location requested by the Tenant Tick-tack-toe, as stated in the Special Conditions, the service of vehicle towing and delivery (for inspection/maintenance/repair) is provided.
Account administration.
Account administration includes:
- The Lessee or their representatives, in compliance with the conditions set forth in the Agreement, have the right to purchase goods and services related to the Vehicle from the Lessor's partners in the name of the Lessor. The costs of such transactions, which are not included in the Maintenance Fee, shall be paid by the Lessee based on the VAT invoice submitted by the Lessor in accordance with the procedure established in Clause 4.5 of the Agreement;
- The Lessor carries out full administration of the fuel card issued to the Lessee (ordering, renewal, and provision of reports on fuel and other goods/services purchased with the card). The Lessee shall pay the expenses for all transactions carried out with the fuel card according to the VAT invoice submitted by the Lessor in the manner set forth in Clause 4.5 of the Agreement.
Provision of a Transport management/control system.
The Lessor installs a Transport Management/Control System in the Vehicle, by means of which the Lessee can monitor and control the use and location of the Vehicle, and remotely receive Vehicle usage data and reports in real time and historically. The Lessor ensures the confidentiality of the use of such data. By ordering this Service, the Lessee assumes the responsibility that the users of the Vehicle are informed about the installation of such equipment and the ongoing monitoring of the Vehicle.
Vehicle delivery and retrieval for inspection / maintenance / repair.
A service where the Lessor undertakes to collect the Vehicle from the Lessee's address specified in the Special Terms of the Agreement for the purpose of carrying out maintenance or repair work, handling insured events, or changing tires, and to deliver the Vehicle to the same address after the completion of such work. This service also applies in the event of the provision of a Replacement Vehicle.
Road tax.
The Lessor organizes the payment of the user fee for vehicle owners or managers and the transfer to the Lessee of the road toll vignette (a vignette being a document confirming the payment of the user fee by owners or managers of vehicles registered (including temporarily) in the Republic of Lithuania, foreign countries, including EU member states, which grants the right to drive on the highest-category roads of the Republic of Lithuania).
Provision of other services.
At the Lessee’s request, the Lessor may provide vehicle driving services: to drive the rented vehicle or another vehicle belonging to the Lessee to the location where washing, repair, or other services are provided, and to return it. For the provision of such services, an additional hourly rate of 8.7 EUR/hour and a rate of 0.14 EUR/km for the distance traveled by the Lessor’s vehicle (if the Lessor’s vehicle is additionally required to travel to the location specified by the Lessee to provide these services). Additionally, at the Lessee’s request, other services may be provided: repairs, roadside assistance, provision of spare parts, consumables, tires, as well as their installation, balancing, and replacement, etc. Thus, the Lessee shall reimburse the Lessor’s expenses in accordance with the procedure set forth in Section 4.5 of the Agreement by paying for the actual volume of services provided, including the 5% administration fee. The distance traveled by the Lessor’s vehicle (if the Lessor’s vehicle is additionally required to travel to the location specified by the Lessee in order to provide these services) for the provision of such services. Additionally, at the Lessee’s request, other services may be provided, including: repairs, roadside assistance, supply of spare parts, consumables, and tires, as well as their installation, balancing, and replacement, etc. In this manner, the Lessee shall compensate in accordance with the procedure set forth in Section 4.5 of the Agreement
The lessor's expenses, based on payment for the actual amount of services provided, including the 5% administration fee.
Notes:
If the Lessor fails to properly provide the services chosen by the Tenant as specified in the Description of Provided Services, and upon receiving notice thereof the Lessor fails to remedy the problems within a reasonable time, the Tenant shall have the right to apply to the Lessor for compensation for direct losses.
For the provision of the Services or any part thereof specified in the description of the provided services, the Lessor has the right to engage third parties, remaining liable to the Lessee for the proper provision of the Services under this Agreement.
The Lessor shall be liable for the suitability (quality) of the provided Vehicle services in the manner prescribed by law. If the Vehicle services were performed by third parties engaged by the Lessor, the Lessor shall provide a warranty of suitability (quality) for the services in the scope and term provided by the engaged third parties, and shall provide all information regarding the work performed by the third parties, their warranty conditions, and similar matters.
At the Lessee’s request, the Services specified in the Description of Services Provided may be provided to other vehicles lawfully operated by the Lessee. In such a case, the Lessee shall, in accordance with the procedure set forth in Section 4.5. , the Lessee shall settle accounts with the Lessor for the Services specified in this section by paying for the actual volume of services provided, including the 5% administration fee.

