Effective as of January 14, 2025
These General Terms and Conditions of Rental (hereinafter "GTC") govern the contractual relationship between Kaiwo, hereinafter referred to as the "Lessor," and any natural or legal person renting professional audio equipment, hereinafter referred to as the "Lessee." These GTC are an integral part of any quote, purchase order, or rental agreement concluded between the Lessor and the Lessee. Any rental of equipment implies the Lessee's full and unreserved acceptance of these GTC, to the exclusion of any other document, notably the Lessee's general purchasing conditions. Since these GTC may be subject to subsequent modifications, the version applicable to the contract is the one in force on the date the order is placed.
The purpose of these GTC is to define the conditions under which Kaiwo provides professional audio equipment to the Lessee for temporary rental, with or without ancillary services.
The characteristics, duration, financial, and logistical conditions of each rental are specified in a quote or specific contractual document (hereinafter the "Quote"), which prevails over these GTC in the event of a contradiction.
2.1 Every rental request results in the issuance of a Quote specifying:
2.2 The Quote only becomes contractually binding after:
2.3 If the Quote is not validated within the indicated timeframe, the Lessor does not guarantee equipment availability or the maintenance of the pricing conditions.
3.1 Rental prices are expressed in Euros excluding taxes and increased by the VAT in force on the day of invoicing.
3.2 Payment is made by:
3.3 Unless specific written conditions are granted, the full rental amount is due before the equipment is handed over.
3.4 For long-term rentals (exceeding one month), invoicing is monthly. Any late payment results in the automatic termination of the rental and the immediate obligation to return the equipment.
4.1 Unless otherwise stated in writing, a security deposit is required for every rental. Its amount is specified in the Quote.
4.2 The purpose of the security deposit is to cover:
4.3 The security deposit does not accrue interest and may be kept, in whole or in part, if the Lessee fails to meet their obligations.
4.4 The security deposit will be returned within a reasonable timeframe after payment of the price, full return, and verification/validation of the equipment's condition.
5.1 Rented equipment remains the exclusive property of Kaiwo.
5.2 The Lessee is prohibited from:
5.3 The equipment is unseizable by third parties and cannot be subject to any security interest.
6.1 The duration is indicated on the Quote. It begins on the day the equipment and its accessories are made available to the Lessee and ends on the day they are returned to the Lessor.
6.2 Unless otherwise agreed in writing, the duration is calculated in 24-hour periods, including business days, Sundays, and public holidays, regardless of actual use.
6.3 Depending on the context, Kaiwo reserves the right to grant a rental duration based on the period of use rather than immobilization. This agreement must be mentioned in writing on the Quote.
6.4 Only the physical return of the complete equipment to Kaiwo's premises terminates the rental.
6.5 Any exceeding of the agreed duration results in additional billing according to the current rates.
6.6 Any modification to this duration must be subject to a new agreement between the parties.
7.1 Pickup takes place at Kaiwo's premises during opening hours.
7.2 The Lessee acknowledges having the opportunity to attend equipment tests. In the absence of a written dispute at the time of pickup, the equipment is deemed compliant and in perfect working order.
7.3 Equipment handover is conditional upon the presentation of:
8.1 The Lessee agrees to use the equipment in accordance with its professional purpose and professional standards/usage.
8.2 The Lessee is entirely responsible for the equipment from the moment of handover, including in case of loss, theft, damage, or harm caused to third parties.
8.3 Any breakdown, incident, or anomaly must be reported immediately to the Lessor.
8.4 The Lessee is prohibited from subleasing and/or lending the equipment without the Lessor's consent.
9.1 The Lessee is required to take out insurance covering the risks of theft, loss, and damage for the replacement value of the equipment.
9.2 In the absence of insurance or proof thereof, the Lessee remains liable for all damages suffered.
10.1 The equipment must be returned:
10.2 Any late return, missing equipment, or damaged items will result in additional billing.
11.1 Cancellation: Cancellation notified between 24 and 48 hours before the start results in invoicing of 50% of the Quote amount. Cancellation notified less than 24 hours before the start results in invoicing of 100% of the Quote amount as a fixed indemnity.
11.2 Extension: Any extension request must be notified in writing at least 24 hours before the initially scheduled return date and is subject to the Lessor's express acceptance.
The Lessor's liability is strictly limited to the amount of the invoiced rental.
Kaiwo cannot be held liable for indirect or intangible damages (loss of operation, loss of production, loss of profit).
Kaiwo's liability cannot be engaged in the event of force majeure within the meaning of Article 1218 of the French Civil Code.
Personal data is processed in accordance with current regulations, under the conditions defined in Kaiwo's General Terms of Sale (GTS), applicable by analogy to rentals.
These GTC are subject to French law.
Any dispute will be submitted to the exclusive jurisdiction of the Commercial Court of Paris, even in the event of multiple defendants.