Device Rental Terms
EQUIPMENT RENTAL TERMS AND CONDITIONS
1. CONTRACTING PARTIES AND SCOPE
These terms and conditions apply between theraluxVET (hereinafter referred to as the "Lessor") and the Lessee (hereinafter referred to as the "Lessee"). TheraluxVET is a brand of Kuvistaa Oy.
These terms and conditions apply to the rental of laser therapy devices. The Lessee is obliged to comply with the end-user license agreement for the Theralux Touch application.
2. GENERAL TERMS
The Lessor offers theraluxVET laser therapy devices for rent for a period of one (1) month. The rental fee is paid in full in advance, using the payment details on the order confirmation. After the rental period, the laser therapy device must be returned to the Lessor.
3. RENTAL PERIOD
The rental period is at least one (1) month. A rental agreement is formed when the Lessee makes an equipment rental by email. The rental period begins on the day following the delivery date recorded on the invoice.
The rental period ends on the date recorded on the invoice, which is exactly one month from the start date of the rental period. The device must be returned within three days of the end of the rental period. The postmark serves as proof that the laser therapy device was submitted for delivery on time.
If the return is delayed for a reason not attributable to the Lessor, the Lessor has the right to charge the Lessee a sum equivalent to the daily rent (€11.67, incl. VAT 25.5%) for each delayed day. If the return is delayed for more than seven (7) days for a reason not attributable to the Lessor, theraluxVET has the right to initiate a new rental period of one (1) month, which will be invoiced to the Lessee in full in advance.
4. OBJECT OF RENTAL
The object of the rental consists of the laser therapy devices and their accessories agreed upon by the Lessee, which the Lessor has specified in writing in the order confirmation, delivery note, or invoice.
In addition to the laser therapy device, the rental includes an instruction manual, an introductory training (video), protective glasses, a USB-C charger, a protective case, and the Theralux Touch application.
Upon receiving the laser therapy device, the Lessee is obliged to inspect the quantity, quality, and condition of the device and its accessories. If there is cause for complaint regarding the laser therapy device and its accessories, the Lessee must notify the Lessor within three (3) days of the verifiable receipt of the delivery.
The delivery date of the laser therapy device to the Lessee is indicated in Posti's parcel tracking, to which the Lessor has access.
Any rental credit will be calculated from the day the Lessor receives notification of the complaint.
5. DELIVERY OF DEVICE AND DELIVERY METHOD
The laser therapy device will be sent to the Lessee as agreed from theraluxVET's warehouse via Posti Oy to the address provided by the Lessee or a corresponding Posti pick-up point.
6. USE OF RENTED DEVICE
The Lessee must carefully read the laser therapy device's instruction manual and, if desired, also watch the approximately 50-minute introductory training video, the link to which will be provided electronically.
The Lessee must use the laser therapy device carefully and only for its intended normal use in accordance with the instruction manual.
Only theraluxVET may service the device.
If theraluxVET requests it, the Lessee must have the device users approved by the Lessor.
The rented device may not be taken outside the borders of Finland without the specific written consent of theraluxVET. The Lessee may not cover the theraluxVET brand or other device markings on the device, nor attach their own product or trademarks to the device.
7. RETURN OF RENTED DEVICE
The Lessee must return the laser therapy device with its accessories and otherwise in the same condition as they were when rented. The laser therapy device must be returned to the Lessor after the rental, unless otherwise agreed in writing with the Lessor.
The laser therapy device must be returned on-site or transported by Posti to the Lessor. The Lessee is responsible for the delivery costs arising from the return and for the arrival of the return transported by Posti.
8. DEFAULT INTEREST
The default interest rate consists of the reference rate determined semi-annually by the European Central Bank (according to the Interest Act 633/1982) + 8 percent.
9. LESSEE'S RESPONSIBILITY
The Lessee is obliged to compensate for damages to the laser therapy device and its accessories that occur during the rental period and other costs caused by them. The Lessee is obliged to compensate for laser therapy devices and accessories destroyed or lost during the rental period at their replacement cost. If the Lessee has neglected their obligation to return the device and accessories in the condition they were in when rented, the Lessor has the right to charge the refurbishment costs from the Lessee. The Lessee is responsible for complying with safety and other regulations when using the laser therapy device.
10. LESSOR'S RESPONSIBILITY
The Lessor is not responsible for indirect or direct costs or damages related to the use or malfunction of the device and its accessories that have been caused to the Lessee or a third party. The Lessor's liability is always limited to the agreed rental price of the device.
The Lessor is responsible for the maintenance of the device and its accessories and undertakes to provide replacement products for those found to be defective. If the Lessor is unable to provide a replacement laser therapy device, the rental sum will be refunded to the Lessee.
12. BREACH OF CONTRACT
If the Lessee neglects to pay the rents according to the agreement or otherwise materially breaches the terms of this agreement, the Lessor has the right to terminate the agreement immediately and demand the return of the device and its accessories.
The Lessor has the same right if the Lessee's operations or financial situation prove to be such that there are strong reasons to assume that they will neglect their payment obligations or otherwise fail to fulfill their contractual obligations in essential respects.
The Lessee is obliged to compensate the Lessor for costs and damages incurred due to the termination of the rental agreement.
13. FORCE MAJEURE
The Lessor is not obliged to fulfill the agreement if a natural obstacle, fire, equipment damage or similar disturbance, strike, lockout, war, mobilization, export or import ban, lack of means of transport, cessation of manufacture, traffic disturbance or other such obstacle that the Lessor cannot reasonably overcome, prevents the delivery of the device. The Lessor is not obliged to compensate the Lessee for damage caused by non-fulfillment of the agreement and may terminate the agreement by invoking the aforementioned force majeure events.
14. TRANSFER OF RENTAL AGREEMENT
The Lessee has no right to transfer the rental agreement or hand over the device to a third party.
15. RESOLUTION OF DISPUTES
All disputes arising from this rental agreement shall be resolved in the District Court of Central Finland.