Allmänna villkor - Engensla - version 3 - Flipbook - Page 6
Riwal Sverige AB
Org.nr 556856-1814
Lessee, lack of timely instructions or essential information from the Lessee or any other
causes beyond the control of the Lessor.
11.1.3. The Lessor is solely liable for damage to goods and personal injury to the goods and
persons of the Lessee insofar as this damage is caused by a demonstrable defect in the
Equipment supplied that may be attributed to the Lessor and which defect was already
present prior to the delivery of the Equipment to the Lessee, as a result of which the
Equipment do not work properly, or damage is caused by an intentional act or gross
negligence on the part of the Lessor.
11.1.4. The liability of the Lessor is limited to EUR 1,000,000 (one million Euros), unless agreed
otherwise by the Lessor.
11.2. LIABILITY OF THE LESSEE
11.2.1. The Lessee shall be liable to the Lessor for, and the Lessee shall indemnify the Lessor
against all damage to the Equipment, including without limitation any damage resulting from
its improper use, destruction, theft, misappropriation, fire and otherwise, and all claims,
including all related costs, as well as any damage that may be reclaimed, claimed or
recovered from the Lessor insofar as this damage derives from or relates to the Agreement
or these General Terms and Conditions.
11.2.2. In the case of misappropriation, theft or any other loss of the Equipment or if the Equipment
is irreparably damaged, the Lessee is liable to pay the Lessor compensation, which
compensation is (i) equal to the current (or replacement) price of such damaged Equipment
plus replacement costs, or (ii) if the damaged Equipment is no longer current, the current (or
replacement) price of similar equipment plus replacement costs, notwithstanding any other
compensation that the Lessor may claim.
11.3.
LIABILITY FOR DAMAGE TO/BY THIRD PARTIES (IN RESPECT OF USE OF MOTOR
VEHICLES)
11.3.1. The Lessee is liable for damage caused by third parties to the Equipment from the moment
of delivery up to the Due Date, or for the term as specified in the Agreement.
For Equipment referred to as motorized vehicles, the Lessor has taken out a civil liability
insurance in accordance with the EU Motor Vehicle Insurance Directive and/or any similar
local legislation. The Lessor and the insurer of the Lessor reserve all rights to claim damage
caused by third parties that are not covered by the civil liability insurance for motor vehicles
from the Lessee, for example, without limitation if:
- The driver was under the influence of alcohol or drugs at the time of the traffic accident;
- The driver was not permitted to drive according to any competent authority.
11.4.
GENERAL LIABILITY INSURANCE
11.4.1. The Lessee will take out an insurance for the leased Equipment for its own account, which
will cover third party liability for events not described in Article 11.3.
11.4.2. The Lessee will at all times keep the Equipment - insofar as not designated as motorized
vehicles - properly insured in accordance with applicable law, including for any liability and/
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