Kukl ehf - Terms & Conditions
TERMS & CONDITIONS – KUKL RENTAL ehf
- GENERAL
1.1 These Terms & Conditions (“the Conditions”) govern all transactions between Kukl ehf (“the Company”) and the customer (“the Customer”), including the hire or sale of equipment and the provision of services.
1.2 Definitions:
- The Company: Kukl ehf, named in the relevant hire form or sales invoice.
- The Customer: The individual or company entering into an agreement with the Company.
- Equipment: This includes Expendable Equipment (e.g., gelatine, filters), Non-Durable Equipment (e.g., lenses), and Durable Equipment (e.g., camera bodies, tripods), or any replacement equipment.
- Hire Period: The period starting on the agreed date or when equipment is made available, and ending on the date of return in proper condition.
- Hire Charge: The total charge for renting the equipment, calculated based on the rate specified in the hire form.
1.3 These Conditions constitute the entire agreement between the Company and the Customer and override any other terms unless expressly agreed in writing.
- DELIVERY AND RISK
2.1 Delivery: Delivery is either collection by the Customer at the Company’s premises or, if agreed, dispatch to the Customer’s specified address. The Customer is responsible for delivery costs.
2.2 Risk Transfer: Risk in the equipment passes to the Customer upon delivery. The Customer is liable for all loss or damage, regardless of whether the equipment has been collected or dispatched.
2.3 Delays: Time is not of the essence in the delivery of equipment. The Company is not liable for any loss arising from delays in delivery.
- ACCEPTANCE
3.1 The Customer is deemed to have accepted the equipment unless defects are reported in writing within three (3) working days of delivery. Any defects must be accompanied by photographic evidence.
- INSURANCE & WARRANTY
4.1 Customer Insurance Obligations: Before delivery, the Customer must insure the rented equipment and vehicles for their full replacement value against theft and damage. The insurance must cover consequential risks with a reputable insurer. Special operations such as drone flights or underwater use require additional insurance, as outlined in Section 4.6.
4.2 Included Insurance: The Company includes basic insurance in the rental price, excluding cases outlined in Section 4.6.
4.3 Refusal to Insure: If the Customer does not provide adequate insurance, the Company may refuse to release the equipment. The Hire Period, however, will commence as scheduled.
4.4 Deductible (Own Risk): The Customer’s deductible is 15% of the total claim, with a minimum deductible of 150,000 ISK, provided all safety precautions are followed.
4.5 Vehicle Insurance: Insurance for rented vehicles includes third-party liability and collision damage waiver (CDW), with a deductible of 190,000 ISK. Only licensed drivers employed by the Customer may operate vehicles.
4.6 Special Insurance for High-Risk Operations:
- Drone Flights: The Customer must notify the Company three (3) days in advance of drone operations. Special insurance is required, with a minimum deductible of 500,000 ISK. Insurance is void if wind speeds exceed 8 m/s.
- Underwater and Hazardous Operations: Special insurance is mandatory for underwater filming and hazardous activities. Failure to notify the Company of such operations results in full liability for the Customer.
4.7 International Shipments: Equipment cannot be shipped outside Iceland without prior notice and special insurance. If such arrangements are not made, the Customer assumes full liability.
- CONDITION AND SUITABILITY
5.1 Descriptions: All descriptions and performance figures are approximate and do not form part of the contract. The Customer must ensure that the equipment is suitable for the intended use.
5.2 Condition on Delivery: The Customer accepts the equipment as-is upon delivery and must inspect it for completeness and functionality.
- PRICES
6.1 Price Changes: Prices are subject to change without notice.
6.2 Payment: For hire contracts, the Hire Charge must be paid in full at the commencement of the Hire Period. The charge continues until the equipment is returned in acceptable condition.
6.3 Expendable Equipment: Payment for expendable equipment must be made upfront. The Company will refund unused and undamaged items returned by the end of the Hire Period.
6.4 Late Payments: Interest on overdue amounts will be charged at 5% above the base rate of Íslandsbanki.
- LIABILITY
7.1 Customer Responsibility: The Customer is responsible for all losses and liabilities arising from the use of the equipment, including those resulting from negligence or non-delivery.
7.2 Limitation of Liability: The Company will not be liable for indirect or consequential loss, including loss of profit or business interruption.
7.3 Personnel: If the Company provides personnel, they are deemed to be servants of the Customer. The Company is not liable for their actions or any resulting damage.
- CUSTOMER’S OBLIGATIONS
8.1 Use of Equipment: The Customer must ensure that equipment is handled properly by qualified personnel and maintained in good condition during the Hire Period.
8.2 Prohibited Actions: The Customer may not sell, lease, assign, or mortgage the equipment without the Company’s consent. The equipment cannot be used in abnormal or hazardous locations without prior permission.
8.3 Loss or Damage: If equipment is lost, stolen, or damaged, the Customer must compensate the Company for the full replacement or repair costs.
8.4 Inspection: The Company reserves the right to inspect the equipment at any time during the Hire Period.
- TERMINATION
9.1 Grounds for Termination: The Company may terminate the contract immediately if the Customer fails to pay on time, breaches the contract, becomes insolvent, or prejudices the Company’s rights.
9.2 Recovery of Equipment: Upon termination, the Company may enter the Customer’s premises to recover the equipment.
9.3 Compensation: The Customer will compensate the Company for any losses, including lost rental income, caused by the breach of these Conditions.
- FORCE MAJEURE
The Company is not liable for any loss or damage resulting from circumstances beyond its control, including but not limited to natural disasters, strikes, or civil unrest.
- WAIVER
No delay or indulgence by the Company in enforcing the terms of this contract shall constitute a waiver of any rights.
- PERSONAL CONTRACTS
This hire contract is personal to the Customer and may not be assigned to any other person or entity.
- INTERPRETATION
Headings are for ease of reference only and do not affect the interpretation of these Conditions.
- JURISDICTION
In the event of a dispute, both parties agree to negotiate in good faith. If no resolution is reached, the dispute may be brought before the Reykjavík District Court.
