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General Terms and Conditions of Rental

Any order implies the acceptance of the present conditions which prevail over any other document. The rental of the machine is governed by these terms and conditions.

Certain provisions expressly referring to professionals are only applicable to professionals and not to consumers and/or non-professionals.

1.1 Art. 1 - Requirements to rent

The minimum age is 18 years. AllTracks Engineering may make the rental subject to the presentation of documents (identity card, driver's license, proof of residence), a copy of which may be kept, and may require a financial guarantee, the remittance of which is made by any means accepted by AllTracks Engineering, which may collect it at any time without prior notice, on condition that it is returned after payment of the sums due and return of the rented property in good condition. The amount of this guarantee does not limit the financial responsibility of the tenant who can be engaged beyond.

1.2 Art. 2 - Duration of the rental

The rental takes effect at the time the equipment is made available to the hirer. This date is fixed on the contract or the delivery note. The risk is then transferred to the hirer. The rental period and the legal custody end as soon as AllTracks Engineering returns the equipment in full.

1.3 Art. 3 - Provision of equipment

1. 1. AllTracks Engineering cannot be held responsible for any delay in the provision or delivery of the equipment due to any reason beyond its control, such as strikes, force majeure, changes in regulations, nor for the consequences thereof and is not liable for any compensation in this respect.

Professional Hirer: It is the responsibility of the Professional Hirer to choose the equipment according to his needs, which he has determined himself beforehand, and to check that it is adequate. AllTracks Engineering has no knowledge of the project and is not obligated to verify the compatibility of the equipment with the project.

2. AllTracks Engineering undertakes to provide the Hirer with equipment that complies with the regulations in force in France, in particular those concerning the safety and hygiene of workers, in good condition and in good repair, with the necessary accessories, assembly instructions, operating instructions and safety instructions. If necessary, the personal protective equipment is given with the equipment. If the equipment is not used (unopened protective bag), it will be taken back by AllTracks Engineering.

When taking possession of the equipment, the hirer checks the handing over of these elements and the apparent state of the equipment, with a view to making any reservation that he deems useful. In the absence of reserve, the material is considered to have been given to the tenant in good apparent state. A non-apparent defect or a technical complaint can be reported at any time during the rental period and at the latest within 5 days of the finding.

3. The transport, loading, hitching, securing and unloading of the equipment are at the expense and under the responsibility of the hirer. In case of delivery, the hirer must give the driver the special instructions in force on the site. In case of absence of the hirer, AllTracks Engineering will drop off the equipment or send the delivery note by e-mail. In the absence of reserves on the apparent state of the material formulated in the 4 hours following the delivery or the sending of the email, the tenant is considered to have received the material, in conformity with his order, in good apparent state, with the necessary accessories.


In order for the reservations to be admissible, the equipment must not have been used except for functional tests. Any other use is equivalent to acceptance without reservation. Installation, assembly and dismantling are carried out under the responsibility of the hirer, who undertakes to take note of the assembly, operating and safety rules. The obligation of AllTracks Engineering is limited to the delivery of the instructions.

1.4 Art. 4 - Use

Lending and subletting are prohibited. The hirer certifies that he/she is entitled to use the equipment and that he/she will use it himself/herself or by his/her trained and authorized personnel. He must use the equipment reasonably, in accordance with its purpose and the regulations in force, with caution, maintain it in good condition, respect the instructions and notices for use and safety, and distribute them to users. He is responsible for checking the nature of the soil or subsoil of the site of use and for respecting the rules governing the public domain and the environment. He shall refrain from any modification, development or transformation of the equipment.


Except with the written agreement of the lessor, he may only use the equipment in metropolitan France (excluding Corsica), and it is his responsibility to check the regulations applicable in the territory of use. When not in use, he undertakes to activate the locking system, anti-theft device or alarm, and to leave neither papers nor keys in the cabin. The use of the equipment on an asbestos removal site is forbidden unless the methods of return and decontamination are defined in accordance with art.5 of the decree of 8/4/2013 and if a certificate of asbestos removal is produced upon return. The equipment can be used for a maximum of 8 hours of operation per working day.

1.5 Art. 5 - Maintenance

The hirer is obliged to protect the equipment against any damage and to regularly carry out routine maintenance operations, cleaning, checking and topping up oil, water and other fluids levels in accordance with the recommendations in the instructions, recharging the batteries, checking the tire pressure and carrying out daily checks before taking up duty. The customer agrees to immediately inform AllTracks Engineering of any anomaly found on the Equipment. The Hirer will be responsible for any repair costs incurred as a result of the lack of maintenance. Fuel is at the expense of the Hirer. The maintenance of the equipment at the expense of the Hirer includes lubrication and replacement of the usual wearing parts within the normal framework of use.

1.6 Art. 6 - Breakdown and repairs

The tenant benefits from a telephone assistance by contacting his rental agency. In case of damage, breakdown or malfunction, the hirer must immediately stop using the equipment, notify AllTracks Engineering by telephone and send written confirmation of the circumstances within 72 hours. In the event of use of the material on a site with risk (asbestos, nuclear, petrochemical, polluted, maritime), the interventions of the hirer on site are carried out only apart from the zone of risk, on a material beforehand decontaminated by the hirer.


Any repair is only carried out at the initiative of AllTracks Engineering, its financial charge being distributed according to the provisions of article 7. AllTracks Engineering shall have sole discretion as to whether or not to repair the Property. A downtime fee may be charged if the downtime is not attributable to AllTracks Engineering.

1.7 Art. 7 - Liability / Insurance

The hirer may not use the equipment for any other purpose than that for which it was intended. The hirer is responsible for the material and legal custody of the equipment as soon as it is made available and is liable for any damage caused by and to the rented equipment. However, he cannot be held responsible for the harmful consequences of hidden defects, as soon as he brings the proof.

AllTracks Engineering cannot be held liable for the direct or indirect, material or immaterial consequences of a malfunction or stoppage of the rented equipment which is not due to a proven defect existing at the time of provision. In any case, its liability remains limited to the direct material damage suffered by the hirer, and within the limit of the amount of the rental of the equipment in question, except in the case of physical injury or gross negligence of AllTracks Engineering.


In no event shall AllTracks Engineering be liable for any indirect and/or consequential damages resulting from the equipment or its use, including, but not limited to, loss of business, loss of commercial profits, or any liability of the Lessee to third parties.

1 - Damage to third parties

The Hirer is responsible for damage caused by the equipment during the rental period. AllTracks Engineering has taken out compulsory third party insurance covering damage caused by the vehicle involved in a traffic accident.


This insurance does not exempt the renter from taking out operating liability insurance to cover damage caused to third parties by the vehicle when it is not involved in a traffic accident. For the rental of other equipment, the hirer must have a business or head of household liability insurance to cover damage caused to third parties by the equipment.

2 - Damage to the rented property

The hirer is responsible for the use of the rented property and for any damage to this property. He/she assumes the financial consequences of any damage that occurs during the rental period. In case of total loss or theft, the reference value is the "Residual Value" defined as follows: replacement value by a new equipment on the day of the disaster according to the public price of the supplier minus a 0.8% per month depreciation and capped at 50%. He must cover his responsibility by taking out his own insurance.

1.8 - Art. 8 - Exclusions of guarantees

Damage to third parties: are excluded from the civil liability cover "traffic" guaranteed by AllTracks Engineering the damage caused intentionally, those suffered by the driver, by the goods belonging to the hirer, to the persons accompanying him or to his employees, the damage to the transported goods, or caused to the third parties by these goods, those suffered by the transported persons when the sufficient conditions of safety of transport (art A211-3 code of insurances) are not respected, those caused by the vehicle to buildings, things or animals belonging to, rented to or entrusted to the driver and/or hirer, damage attributable to the normal use of tools and special equipment fitted to the machine, those caused by the vehicle transporting sources of ionizing radiation, inflammable, explosive, corrosive or oxidizing materials, or occurring during speed trials, races or competitions or their tests. Recourse against the hirer may be made in the event of an accident occurring when the driver is under the influence of alcohol, drugs or medication, or is under the age of majority or does not hold a valid driver's license. The hirer remains liable to AllTracks Engineering for the part of the risk not covered by the renter's liability insurance.

Damage to the equipment: The list of exclusions to the insurance of breakage and theft is included in the information sheet. In particular, in case of false declarations or use of fraudulent means, the hirer is not entitled to any coverage.

1.9 Art. 9 - Declaration in case of damage

In the event of an incident, the hirer must inform AllTracks Engineering as soon as he/she becomes aware of the incident and send a written report of the incident to AllTracks Engineering within 24 hours ( The hirer must state the date, place, circumstances, name, address and qualifications of the user, victims, witnesses, whether or not law enforcement officials were involved, and the place where the damage can be ascertained. He must allow AllTracks Engineering access to the material.


In the event of the involvement of motorized vehicles, he must send AllTracks Engineering the accident report signed by the drivers. In case of failure to do so, a fixed fee of 100 € will be charged for the handling of the damage in case of a later claim by a third party against AllTracks Engineering.


In the event of theft, he must file a declaration with the authorities, mentioning the identification of the equipment, the date and the circumstances of the theft and transmit the originals to AllTracks Engineering without delay. The customer must forward all complaints, summonses and documents to AllTracks Engineering immediately upon request.

1.10 Art. 10 - Infringements

The hirer is responsible for any violations committed by him or his employees. In case of payment of expenses by AllTracks Engineering, he commits himself to reimburse on justified demand.

1.11 Art. 11 - Rental price

The rental price is fixed per time unit (hour, day, week, month) according to the price list valid at the time of the order. The contract indicates the unit of time chosen. Otherwise, the unit of time is the hour of engine operation.


Any unit of time started is due. The equipment may be used for a maximum of 10 hours of operation per working day. Any additional use (beyond 10 hours on a working day, or on weekends or public holidays) may result in additional invoicing, except in the case of subscription to dedicated packages.

1.12 Art. 12 - Return

1. The equipment can only be returned during the opening hours of the agencies. In the event of a return by AllTracks Engineering, the lessee must inform AllTracks Engineering in writing of the availability of the equipment with reasonable and sufficient notice, specifying the location of the equipment. The equipment must be accessible to AllTracks Engineering. If the equipment is to be used on a hazardous site (asbestos, nuclear, petrochemical, polluted, maritime, etc.), the lessee must decontaminate the equipment and make it available to the lessor outside the hazardous area.


The hirer remains bound by all obligations arising from the contract until the equipment is effectively recovered by AllTracks Engineering. The equipment will not be considered returned and legal custody transferred to AllTracks Engineering until a signed return slip is received from AllTracks Engineering.

2. The renter must return the equipment in good condition, with all accessories and equipment, cleaned and at the same fuel level as when it was provided. If the equipment is not returned in good condition, the cleaning and refueling will be charged according to the current rates posted in the agency.


On return, a return slip will be issued stating the date of return and the apparent condition of the equipment, subject to any damage that is not apparent. In the event that AllTracks Engineering returns the equipment in the absence of the renter, a letter will be sent to the renter stating the apparent damage and the renter will have 5 days to make any observations in writing or by coming to the branch.


AllTracks Engineering reserves a period of 5 working days after the return of the equipment to notify the hirer of any damage to the equipment which was not apparent at the time of return. In the event of theft or loss, the contract and the rental invoice will only be terminated upon receipt by AllTracks Engineering of a declaration by the hirer to the authorities. In case of non-return, a compensation will be invoiced on the basis of the sales price of the machine. Equipment, accessories, removable parts or spare parts that are not returned will be invoiced at the replacement price.

1.13 Art. 13 - Eviction of the lessor

The hirer is not allowed to remove or modify the property plates or inscriptions affixed to the equipment. He is forbidden to grant to anyone a right on the rented equipment.

1.14 Art. 14 - Payment

The invoice is payable in cash, except for the payment deadline specified in the special conditions. The term of payment for the rental of machines cannot exceed 30 days from the date of issue. Any sum not paid on the due date shall automatically entail the payment of late penalties at a rate equal to 3 times the legal interest rate in force, as well as the forfeiture of all payment deadlines. The professional hirer is liable, in addition, for a fixed indemnity for collection costs of 40 €, and, after a formal notice remained 8 days without effect, for a fixed penalty equal to 15% of the unpaid amount as damages.

1.15 Art. 15 - Resolutive clause

In the event of the hirer's failure to fulfil an obligation, in particular the failure to return the equipment or to pay on time, the contract may be terminated by AllTracks Engineering at the hirer's expense 48 hours after notice of default has been given by registered letter without effect.


AllTracks Engineering will then demand the immediate return of the equipment without prejudice to the sums due for the expired rental period, under penalty of the sanctions provided for in article 12 or the application of a daily indemnity equal to the daily rent, and of a complaint under article 314-1 of the penal code. The tenant remains in any case responsible for the material and becomes depositary in the sense of Art 1915 C Civil. He has neither the right to use it, nor to dispose of it. In the event of early termination of a contract with a fixed price based on an incompressible rental period, AllTracks Engineering will receive compensation equal to the entire remaining rental period or will revise the price initially indicated in accordance with the actual rental period, whichever is less onerous for the hirer.

1.16 Art. 16 - Mediation

In case of dispute, the consumer can address a complaint to the customer service of AllTracks Engineering 32 zone artisanale 73800 Planaise. If a disagreement persists, he can have recourse free of charge to the mediator AME Conso to which AllTracks Engineering belongs by mail AME Conso 11 Place Dauphine 75001 PARIS or by electronic way

1.17 Art. 17 - Law / Attribution of jurisdiction

The present contract is governed by the French law. Any dispute involving a consumer will be subject to the legal rules of jurisdiction. Any dispute involving a professional will be settled by the Commercial Court of Chambéry to which the parties attribute exclusive jurisdiction even in the event of summary proceedings, appeal in warranty or plurality of defendants.

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