RENTAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR RENTAL OF MOBILE CRANES FROM ANDRUSE HULGIKAUBANDUSE OÜ

This page outlines the main terms and conditions for renting our equipment.
The terms Lessee (client) and Lessor (ANDRUSE HULGIKAUBANDUSE OÜ) are used in this text.

All equipment is rented exclusively as a service provided by the Lessor’s crane operators (machinists) and maintenance personnel, who are responsible for operating the equipment, adhering to safety requirements, and monitoring the technical condition of the equipment throughout the rental period.

1. Lessee’s Obligations

1.1. The Lessee is responsible for planning and organizing lifting operations and for the overall management of work on site.

1.2. The Lessee ensures that the data of the load to be lifted (weight, dimensions, and other relevant parameters) are correct and provided to the Lessor well in advance of the commencement of work.

1.3. The Lessee is responsible for preparing the work area:

• bearing capacity and levelness of the lifting site;
• condition of the work site territory and access roads; they must be sufficient for the movement and safe operation of mobile and/or crawler cranes.
  Before the commencement of work, the Lessee is obliged to remove or protect cables, wires, pipelines, openings, etc., or to clearly mark their locations within the crane’s movement and operating area.

1.4. The Lessee shall appoint a responsible person from their side to organize the crane’s setup and verify its correctness before the commencement of lifting operations.

1.5. Slinging, signaling, and other auxiliary operations on site are generally performed by the Lessor’s personnel (slingers, signalers, and auxiliary workers). Their work is compensated according to the Lessor’s current price list or by mutual agreement between the parties.
If, by agreement of the parties, the Lessee’s personnel are used for these operations, the Lessee is fully responsible for the qualifications of these employees, their occupational safety instruction, and the consequences of their actions.

1.6. The Lessee is responsible for the correct slinging of the load (if slinging operations are performed by the Lessee’s personnel), for directing the lift, and for the condition of auxiliary equipment and accessories used as their own means.

2. Order Cancellation

If the Lessee cancels a crane order without a valid reason and without reasonable prior notice, the Lessor has the right to claim compensation from the Lessee for damages incurred.

3. Load Insurance

If the Lessee deems it necessary to insure the load to be lifted, they shall arrange the corresponding insurance at their own expense.

4. Lessor’s Obligations

4.1. The Lessor’s crane operator shall follow the instructions and directives of the Lessee’s responsible person on site, provided that these comply with laws and occupational safety requirements.
The crane operator’s participation in operations falling under the Lessee’s responsibility does not diminish the Lessee’s responsibility for the organization and safety of the work.
The crane operator is obliged to perform work professionally, carefully, and in accordance with occupational safety rules.

4.2. Based on the data provided by the Lessee, the Lessor shall select a suitable crane for the specific job and deliver it to the Lessee’s site manager by the agreed time.
The Lessor is responsible for ensuring that the crane, attachments, and lifting aids are in working order and comply with applicable occupational safety requirements, and that all necessary permits and inspections are valid.

4.3. The Lessor is obliged to immediately inform the Lessee if a delay occurs.
In case of failure to notify, the Lessor shall compensate the Lessee for direct damages incurred, but not exceeding the agreed hourly rental rate for the delay period.

4.4. Unless otherwise agreed in writing, the crane operator on site shall adhere to the Lessee’s working hours.

5. Liability for Damages

5.1. Lessee’s Liability for Damages
The Lessee is liable for damages arising from the non-fulfillment or improper fulfillment of the obligations specified in these terms, unless the Lessee proves that they acted correctly.
If the crane’s operation is interrupted due to a breach or damage caused by the Lessee, the Lessee is obliged to pay the agreed hourly rental rate for the crane’s downtime.

5.2. Lessor’s Liability for Damages
The Lessor is liable for direct material damages if it is proven that the Lessor or a person in their service has not followed the safety measures considered standard for lifting operations.
The Lessor is not liable for damages directly or indirectly caused by an unforeseen crane breakdown.

6. Liability Insurance

The Lessor has valid liability insurance (unless otherwise stipulated in the rental agreement). Upon the Lessee’s request, the Lessor shall provide the liability insurance policy. The lessor has valid liability insurance with ERGO insurance company, which covers the main risks associated with crane and lifting operations.

7. Hourly Rental

7.1. The Lessee shall pay the Lessor the hourly rental for the crane for the entire actual working time, including:

• time from the crane’s arrival at the site;
• time for crane setup and dismantling;
• waiting time if crane setup is difficult or requires prior work (repositioning materials, relocating vehicles, leveling the site, etc.);
• time during which the crane performs lifting operations specified by the Lessee;
• time during which the crane is moved on the Lessee’s site or between different Lessee sites;
• time spent on installing and removing attachments, changing boom configuration, replacing lifting aids and tools to fulfill the Lessee’s tasks;
• time during which the crane cannot be used during normal working hours due to reasons not attributable to the Lessor.

7.2. If loads, elements, or equipment are kept attached to the crane hook for an extended period (assembly, disassembly, etc.), this period is considered crane working time until the hook is released.

7.3. Crane maintenance and repair time, as well as the crane operator’s lunch break, are not included in the working time.

7.4. Billing is minute-based, but invoices are issued based on full hours (a started hour is rounded up to a full hour).

8. Lifting Aids and Accessories

Crane rental does not implicitly include the rental price of lifting aids and accessories (e.g., spreaders, lifting slings, shackles, etc.).
Their use and compensation shall be agreed upon separately between the Lessee and the Lessor.

9. Crane Relocation

9.1. Crane relocation to and from the Lessee’s site is compensated based on hourly and/or mileage rental according to the Lessor’s current price list or a written agreement between the parties.

9.2. If the crane’s arrival at the site, movement on site, or setup requires the use of platforms, support plates, or additional transport, the Lessor shall arrange for their procurement. The terms and fees for the use of these means shall be agreed upon with the Lessee in advance.

9.3. If the crane or its parts are transported to and from the site by separate means of transport, the Lessee shall bear all associated costs. The Lessee shall also bear the costs associated with the use of auxiliary labor, additional lifting equipment, etc., for the assembly and disassembly of the crane.

10. Special Permits and Approvals

If the fulfillment of the order requires special permits or approvals (e.g., closing roads and streets, equipment placement, installation of traffic signs/information devices, transport of oversized or heavy loads, etc.), the Lessee, unless otherwise agreed, undertakes to obtain these permits and approvals themselves.

In the absence of necessary permits and approvals, the Lessor has the right to refuse to fulfill the order and to claim compensation from the Lessee for lost profit. All fines and claims arising from the lack of required permits and approvals shall be borne by the Lessee, including cases where they are presented to the Lessor or the crane/vehicle operator.

11. Overtime and Night Work

Overtime and night work (10:00 PM – 6:00 AM) shall be compensated by the Lessee at an increased hourly rate according to the Lessor’s current price list or a separate agreement between the parties.

12. Work on Weekends and Public Holidays

Work performed on weekends and public holidays shall be compensated at an increased hourly rate according to the Lessor’s price list or a written agreement between the parties.

13. Specifics for the Winter Period (November 1 – March 31)

13.1. If the outdoor temperature is -15 °C or lower, the Lessor cannot guarantee the normal operational reliability of the equipment. The Lessee confirms that they understand and accept the associated business risks (e.g., crane delays to the site, engine starting difficulties, freezing of ropes/cables, and other potential technical problems).

13.2. If the outdoor temperature drops to -20 °C or lower, the use of equipment is not permitted for safety reasons.
In such a case, the Lessor has the right to suspend work and/or postpone the execution of work by agreement with the Lessee. If safe execution of work is not possible by the agreed deadline, the Lessor may cancel the order. Such work stoppages and order cancellations are not considered a breach of contract by the Lessor, and the Lessor is not liable for the Lessee’s indirect damages (including lost profit, downtime of other contractors, etc.) caused by the suspension of work under the aforementioned circumstances.

14. Payment

The Lessee shall pay for the rental service based on the invoice issued by the Lessor by the due date indicated on the invoice, unless otherwise agreed by the parties.
In case of late payment, the Lessee may be charged a late fee in accordance with the terms of the contract and the laws of the Republic of Estonia.

15. Other Conditions

15.1. The crane operator has the right to refuse to perform a task if they assess that it poses an obvious danger to people, the crane, the site, or third parties.

15.2. Upon the Lessor’s request, the Lessee shall provide a secure location on or in the immediate vicinity of the site where the crane can be stored during work breaks, and is responsible for ensuring the crane’s preservation and security.

15.3. Complaints regarding the quality of the service provided or other circumstances should be submitted in writing within a reasonable time after the occurrence of the respective situation. If necessary, a representative of the Lessor may be called to the site to resolve the complaint.

15.4. These rental terms and conditions may be supplemented and specified by an individual agreement between the parties or its appendices for a specific client and site.

15.5. Questions not regulated by these terms shall be resolved in accordance with the legislation of the Republic of Estonia.