Termes & Conditions

Terms & Conditions of Usage CCU’s General 1. Unless otherwise agreed in writing these terms and conditions apply exclusively to each transaction (“Contract”) for the lease/hire or sale or any work done by KAESO to you, the Purchaser or Hirer (Customer/Client) of Cargo Carrying Units and ancillary equipment (“Equipment”). 2. Terms and Conditions are susceptible to alteration, that will be communicated in writing whenever deemed necessary. 3. Any complaints must be received by the company in writing within 5 days from delivery. Equipment 4. All Cargo Carrying Units are built to DNV 2.7-1/EN12079 standards. 5. The dimensions provided include internal and external dimensions. 6. All Cargo Carrying Units include cargo restraining points for safe packing and transportation of goods. 7. All Cargo Carrying Units include a complete lifting assembly (slings and shackles) certified to DNV 2.7-1 specifications. 8. Cargo Carrying Units are delivered with a valid lifting certificate for the 1st rental period. 9. Tarpaulins and cargo nets are available for all Cargo Carrying Unit types and charged separately. 10. Delivery and Collection costs are not included in the Cargo Carrying Unit’s rates, it is charged separately. 11. Re-certification is not included in the unit’s lease/rental rate and will be charged separately.   12. No Terms & Conditions of any purchase order or other document from Customer related to the sale of an Equipment from KAESO will become a part of the Contract between the parties or bind KAESO and KAESO’s objects/equipment to any different and additional Terms, Customer’s purchase order and other documents. KAESO’s sale of Equipment to Customer is expressly conditioned to Customer’s acceptance of the Contract. Quotations, PO’s, Payments & Rental Terms 13. Quotations and/or Proforma Invoices are valid for seven (7) work days, day of issue inclusive and a valid PO should be provided within this period. Past this time, a new document should be requested. 14. The purchase price of the Equipment will be specified in the Contract or Purchase Order. 15. Prices are referenced in US Dollars. 16. Payment terms - 30 days from date of receipt of Invoice. 17. Invoices are raised on last work day of each calendar month. 18. Any payment exceeding the stipulated 30 days period will incur a prorated monthly interest rate of 5%. 19. Any payment exceeding 60 days period will incur a prorated monthly interest rate of 14.47%. 20. Payment exceeding the stipulated 30 days period will grant KAESO the right to repossess its Equipment from the client directly at client’s expense with no prior warning. 21. No partial payment by Customer will constitute an accord and satisfaction or otherwise satisfy the entire outstanding balance of any KAESO invoice, notwithstanding any notation or statement accompanying that payment. 22. All overdue payments exceeding 90 days period will be handed over to KAESO‘s Legal Department for proceedings.   23. Payment is to be made in Kwanzas (AOA) in accordance with the daily Sell Exchange Rate of Banco Nacional de Angola on invoice payment date. 24. Rental duration commences on day of collection/delivery and ceases on day of return to KBB - KAESO Bengo Base in Panguila (both days inclusive). 25. KAESO will invoice Customer when KAESO delivers the Equipment as specified in the Contract. 26. Certificates of CCU’s will be made available to the renting Client once the Delivery Manifest is sent to KAESO by official e-mail. 27. The Rental Period may be extended by mutual written agreement of both parties and the daily rate set out in a new Purchase Order shall apply to any extended Rental Period. Taxes and Fees 28. Rates quoted do not include VAT (14%) and WHT (6.5%) which is additional. 29. If KAESO is required to collect any Taxes, KAESO will add them to the purchase price and invoice Customer (in the original invoice or separately), and Customer will pay the invoice. Delivery and Collection 30. Equipment delivery is subject to availability. 31. Delivery occurs 48 hours after reception of an approved PO. 32. Delivery exceeding 6 Cargo Carrying Units may alter the 48-hour period depending on quantity. 33. Delivery of less than 5 Cargo Carrying Units may require inspection of units to be done at the Client’s base. 34. At Client’s premises, it is the Client’s responsibility to ensure all necessary tools and equipment are provided to load/unload the units from our trucks. For example, at Sonils Base, a job order must be opened by the leasing/renting Client. Similarly, the gate fee remains the Client’s responsibility. Any stoppage/delays of the truck at Sonil’s gate due to gate fee not being paid, it will be billed back to the client. 35. All equipment must be returned clean and empty of material or dirt of any sort. Tanks require cleaning certificate. Should such document not be produced upon unit delivery, a fee of USD 550.00 will be charged. Similarly, a fee of USD250.00 will be charged should any other standard unit be returned with dirt within. 36. Effective return/arrival of CCUs at KAESO Bengo Base (KBB) should occur up to 16h00 hours of the intended off-hire day. 37. Upon notification, kindly take into consideration the following aspects that may affect the Off-Hire date:  Trucks’ availability and attainability period  Road traffic jam  Accessibility to Sonils Base  Loading procedures at Sonils Base  Road trip to KBB 38. Should the renting Client choose to collect the Cargo Carrying Unit from KAESO’s base at own cost, the Client will be responsible for all Inspections and Certifications costs. Maintenance, Damage and Loss of Equipment. 39. The Client is fully responsible for all the equipment from the time of delivery until it is returned. 40. The Client if fully responsible for the safety and insurance at its expense at all times during the lease/rental period (as from the external side of KBB’s gate when it leaves, till its return), to keep and maintain the Equipment in good and substantial repair, condition and appearance in order to keep it in a good and operating condition as it was on the commencement date (fair wear and tear only accepted) 41. Prior to demobilization of the equipment, the Client must provide a witness to carry out a visual inspection along with a KAESO representative and identify any damage(s) sustained by the equipment. 42. Damage (or loss) of the equipment or parts thereof will be chargeable to the Client at full replacement value (including transport to KAESO’s lease/rent or storage point in Luanda. 43. At KAESO base, the maintenance team will carry out an in-depth evaluation upon the return of the unit, on which Client will be informed within 45 (forty five) days of any damages found and associated Cost of repair. 44. Should a unit be demobilized without a witness, the evaluation must be closed within 7 days after which a charge of $1,050 per unit that sustained damages will be applied, except in relation to lifting assembly, which is charged separately. 45. Should a tarpaulin and/or cargo net be found damaged beyond normal wear and tear (rendering the item compromised/unusable), a replacement charge of $500 per unit will be applied. 46. Client should, in their own interest, make sure all equipment is insured to its full replacement value throughout the Hire Period. Liability 47. KAESO will not be held responsible for Criminal or illegal charges caused by wrongful, faulty or inadequate use of leased/rented equipment such as loading of illegal drugs, objects and/or substances. 48. KAESO shall not be liable to the Customer for any: (a) Loss of profit; (b) Loss of revenue; (c) Loss of business; (d) Indirect or consequential loss or damage, (e) Death or personal injury relating to or in connection with the performance or non-performance of the Contract including its own negligence or the negligence of its employees, agents or subcontractors.   Cancellation 49. In the event that a Contract or Transaction is canceled by the Customer prior to commencement of the hire period for any given reason whatsoever, KAESO. reserves the right to charge a day’s rental for all reserved/inspected CCUs as well as any other incurred expenses as result of a previous confirmation/agreed activity. 50. If Customer cancels all or part of any order, Customer will reimburse KAESO for all non-recoverable costs of materials, labor, cancellation charges by third parties and other costs that KAESO has incurred, and Customer will pay KAESO an additional cancellation charge of 12% of the total amount of the order or portion of the order cancelled. Force Majeure 51. With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control.   ATT. 52. Upon acceptance of KAESO’s Quotation/Proforma presupposes the reading, acknowledgement and adherence to the provisions of these Terms and Conditions with or without the Client’s and/or associate’s and/or end user’s signature and/or Company/Personal (official) Stamp. 53. KAESO reserves the right to amend these Terms & Conditions freely and at any time deemed necessary. I, _______________________________________________________in representation of the Company ________________________________________________________as the leasing/renting Customer, hereby confirm having read, understood and agreed to all that this document entails as stated above. _________________________________ Signature ________________________________ Date