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1. SUBJECT OF THE CONTRACT
1.1 The Landlord hereby undertakes to let the Tenant, who accepts, enjoy the utility of the machinery and equipment as described within the Order Form for a definite time and within the limits and under the conditions indicated within these General Rental Terms and Conditions.
1.2 The Tenant, by signing this agreement, declares and acknowledges that the machinery and equipment received in execution of this agreement have been selected by him following an assessment of his own needs and have been deemed by him to be suitable for the use for which they have been leased.
1.3 This agreement shall be deemed validly concluded and effective between the parties even if it is perfected remotely, by e-mail or even in an exclusively electronic format by affixing a digital signature. The signing of this contract implies by the Tenant's actual knowledge of the general conditions set forth below.

2. MACHINERY AND EQUIPMENT RENTED
2.1. The machinery and equipment covered by this Rental Agreement with any accessories are described within the attached Order Form.
2.2 The Lessee is expressly prohibited from removing or altering, in whole or in part, any machinery license plates, chassis numbers, lettering and any stickers on the same. It is expressly forbidden for the Tenant to alter or eliminate any identification code present on the rented equipment.
2.3 The Landlord expressly declares, in accordance with the provisions of Article 72 paragraph 1 of Legislative Decree 81/2008 (Safety Consolidation Act), that the machinery and equipment are in compliance with the requirements of the specific technical regulations on safety.

3. DELIVERY
3.1 Each piece of machinery shall be delivered to the Tenant in good condition, working, clean, greased as well as accompanied by the documentation and certifications necessary for its use and the use and maintenance booklet.
3.2 At the time of delivery, at the initiative of the Landlord, a report, signed by both parties, shall be drawn up containing specific indication of any pre-existing defects, damages or malfunctions of the machinery. By signing the handover report, the Tenant explicitly accepts the machinery in the state of affairs indicated.
3.3 At the end of the lease, the Tenant shall return the machinery and equipment in good condition, taking into account normal wear and tear due to use, clean, greased if necessary, with keys and technical documents, and equipped with the amount of fuel with which they were equipped at the time of delivery.
3.4 The redelivery operations will be recorded within the Redelivery Minutes completed by the parties and the contents thereof, signed for acceptance, will be authentic about the state of the rented goods.

4. DURATION OF THE CONTRACT
4.1 The duration of this rental agreement is indicated within the Order Form. However, any early redelivery of the equipment by the Tenant will result in the Tenant's obligation to pay the full rent relating to the entire period indicated in the Order Form. In case of redelivery later than indicated in the Order Form, the Tenant shall be obligated to pay the rent until the day the rented machinery and equipment is returned to the Landlord's warehouse or made available to the Landlord at the place indicated by the Landlord, without prejudice, however, to compensation for the damage suffered by the Landlord.
4.2 It is the Tenant's right to request, by fax sent at least 2 days before the expiration of the contract, the renewal of the same for a new period. If accepted in writing by the Landlord, the contract will be extended under the same conditions for a period of equal duration. In case of failure to submit a request within the specified terms, the contract will be considered terminated.

5. LIMITATIONS ON USE
5.1 The rented machinery and equipment may be used only by the Tenant or its employees with appropriate training.
5.2 The Tenant, in connection with use, agrees to:
- take the goods into custody and store them with the utmost diligence and care;
- use the rented goods with the utmost diligence and to take care of their maintenance;
- scrupulously follow the instructions contained within the documentation delivered by the Landlord that the Tenant by signing this contract declares to have received;
- not to use the same for purposes other than those agreed upon and in any case for purposes other than those for which the were designed and not to make modifications of any kind to them;
- not to apply to the machinery any additional accessories other than those delivered by the Landlord;
- to comply with the laws in force regarding health and safety at work and to adopt all the fulfilments provided for as mandatory.
5.3 Unless otherwise expressly agreed within the Order Form, the Tenant is prohibited from sub-renting the machinery to third parties.
5.4 The rented machinery and equipment may be used, unless otherwise stipulated within the Order Form, only during the normal working hours of the Tenant's business, i.e. 8 hours per day and/or 40 hours per week and/or 160 hours per month. The machinery, if registered, will have stipulated mileage conditions and excesses will be counted and quantified at the end of the rental period or at the end of the month.
5.5 Any use in excess of these quantitative limits, as measured by any type of device installed by the Landlord or verification carried out on the machinery and equipment, will result in an additional fee to be paid by the Tenant proportional to the increased use enjoyed. The Tenant hereby agrees to pay such additional consideration.

6. PLACE OF USE OF MACHINERY AND EQUIPMENT
6.1. The machinery and equipment shall be used only at the location indicated within the Order Form. The Tenant shall have the right, following written consent of the Landlord, to transfer the goods to a different location.
6.2. The Tenant shall authorize in advance the Landlord and its designees to access the places where the machinery and equipment are located during the rental period, following a simple request to the person in charge of the construction site for reasons of inspection and maintenance. The Landlord agrees in advance to comply with the internal regulations and safety rules in force at such place.

7. DOCUMENTATION AND RESPONSIBILITY
7.1 The Tenant undertakes to deliver, before the start of the rental, in accordance with the provisions of Article 72 paragraph 2 of Legislative Decree. 81/2008 (Safety Consolidation Act), a declaration of the employer, or a self-declaration if a private entity, containing the list of the persons who will use the rented machinery and equipment and the attestation that they are adequately trained for the use of the same and qualified, in the case of equipment referred to in art. 73 paragraph 5 of Legislative Decree 81/2008. 7.2 The Landlord shall deliver to the Tenant the use and maintenance manual and the mandatory health and safety documentation related to the rented machinery. The Tenant hereby consents that such documentation may be delivered in digital format in fulfillment of the provisions within Article 53 of Legislative Decree 81/2008. It will be the sole responsibility of the Tenant to bring said documentation to the attention of the end users in the cases provided for by law.

8. TRANSPORT OF MACHINERY
8.1 Any transportation costs accrued to deliver the rented machinery and equipment to the place of use shall, unless otherwise agreed upon within the Order Form, be borne entirely by the Tenant. 8.2. Responsibility for the case of damage to the rented goods or third parties during transport shall be borne by the party materially providing it, and this also in the case where the transport takes place using the service of third parties.

9. MAINTENANCE AND REPAIRS
9.1. The cost of lubrication, if necessary, including materials, shall be borne by the Tenant, who will provide it at his own expense, and likewise those for the ordinary operation of the machinery during the rental period.
9.2 In the event of breakdown or accident during the rental period, the repair of the machinery and equipment will be carried out by the Landlord; in the event of breakdown attributable to the Tenant, the cost will be charged to the latter. To facilitate this, the Tenant agrees to make the rented goods immediately available to the technicians sent by the Landlord.
9.3 The Tenant further undertakes to carry out at its own expense with ordinary diligence the following maintenance operations, where necessary:
(a) daily cleaning and filter check; (b) complete washing at predetermined periods;
(c) checks before daily use and at the end of the working day according to the manufacturer's instructions; (d) daily check and topping up of the engine oil level and water level (antifreeze if necessary in cooling systems) in addition to the full fuel tank; (e) weekly check of tire pressure and general condition of tires; (f) replacement of tires due to improper use of machinery; (g) weekly checks of battery water level; (h) proper recharging of battery;
(i) replacement of keys in case of loss or breakage.
9.4 The Lessor, on the other hand, agrees to carry out at its own care and expense routine maintenance, excluding that referred to in 9.3, and extraordinary maintenance of the machinery and equipment.
9.5 In connection with the activity referred to in the preceding paragraphs, the Tenant agrees as of now to accept requests for the immobilization of the machinery or unavailability of the equipment during normal working hours, subject to adequate notice from the Landlord and with waiver of any compensation and/or recourse for any downtime;
9.6 In the event that a breakdown renders the machinery and equipment unserviceable, the Tenant undertakes to notify the Landlord within 24 hours of the discovery of the same, adopting, in any case, the necessary emergency measures to avoid greater damage being produced and with waiver of any indemnity and/or recourse;
9.7 The Tenant, in any case, hereby waives any claim and/or request, including indemnity, against the Landlord for any damage resulting from the failure and/or inexact and/or malfunction of the machinery.

10. LIABILITY AND INSURANCE
10.1 The Landlord will directly provide insurance for the machinery against vehicle risks (RCA) for vehicles circulating on the road.
10.2 Any additional insurance coverage in relation to damages to the rented vehicles or third parties will be agreed upon separately and reported within the Order Form with the relevant additional daily, weekly, monthly costs. The Tenant agrees as of now to pay to the Landlord the costs related to the deductibles provided within the insurance policies of the rented vehicles without exception.
10.3 The Tenant agrees to cover, by taking out a suitable policy with a leading insurance company, possible damages to third parties arising from the exercise of its activity and the use of the rented machinery.

11. HOT RENTAL
11.1 The rental is defined as "hot" when the same includes the ancillary activity of one or more of the Landlord's principals.
11.2 The Landlord shall be liable to the Tenant and to third parties for damages caused to property or persons resulting from the handling and operation of the rented machinery and equipment with operator limited to the case in which the latter had direct technical management and control of the activity carried out with the same. The Landlord, therefore, shall not be liable for any damage caused to third parties as a result of instructions or directives given by the Tenant or its principals to the operator for the use of the rented property.
11.3 The Tenant expressly undertakes to take appropriate safety measures to ensure the work of the operator and shall be held liable for any damage suffered by the operator or the machinery due to shortcomings in this respect.

12. CORRESPECT
12.1 The Tenant agrees to pay the consideration for the rental of machinery and equipment due to the Landlord. The amount and terms of payment are indicated within the Order Form.
12.2 In the event of delay in payment of the consideration, the Tenant shall be obligated to pay interest pursuant to Legislative Decree 231/2002 without prejudice, in any case, to the obligation to reimburse the Landlord for any greater damages.
12.3 The Landlord shall be entitled to invoice the rental fees in the time manner it deems most suitable, in compliance with the contractual agreements regarding payment terms. The agreed rental fee shall be paid at the Lessor's premises, on the agreed terms and due dates, and such terms shall be deemed essential. Any dispute regarding this contract shall not relieve the Lessee of the obligation to make payments within the agreed terms. Failure to timely pay even a single installment of the rent, as well as failure to pay any charges for restorations, costs and/or other, will result, at the initiative of the Landlord, in the termination of this contract pursuant to Article 1456 of the Civil Code. In case of failure to comply with the same, the Lessor shall have the right, and the Lessee expressly authorizes the same as of now, to suspend the yard service and to proceed to block the asset, even remotely, by means of satellite devices, upon simple written notice, as well as to arrange for the collection of the leased asset/machinery and to terminate the contract by right pursuant to art.1456 c.c. The Lessor shall in no event be liable to the Lessee for any and all problems, prejudice and/or damages arising from the suspension of the site service, the blocking of the asset and the consequent stoppage of the same (e.g. for occupation of public land, damages from stoppage of the site, damages for lack of production, obstruction of traffic, including any removal costs, etc.), none excluded. In such case, no charge, compensation, damage or anything else may be claimed by Lessee against Lessor. Any sums paid on account shall be deducted from the last invoice charging the rental fee. The Lessee hereby authorizes the Lessor to offset any known credits against the invoices issued to the Lessee.
12.4 The Lessor reserves the right to modify the economic conditions applied to individual contracts; in any case, the Lessee's right to withdraw from the contract shall remain unaffected.
12.5 The rental contract will never be suspended due to bad weather or for work suspensions or interruptions, for whatever cause; therefore, no cancellations will be granted against requests motivated by such causes. Likewise, in the event of worksite stoppages, non-production, non-pickup and/or delivery of equipment, lack of assistance and/or maintenance at the worksite due to the outbreak of epidemics and/or pandemics or due to forced closures resulting from the imposition of so-called red and/or high-risk zones by the Public Authorities, the rental contract will continue under the same conditions established, there will be no suspension of the same, nor will there be any cancellations and/or reductions in the fee and rates.

13. GUARANTEE DEPOSIT
13.1 The escrow deposit, if agreed between the parties, shall be paid concurrently with the signing of the contract. By signing this, Lessee hereby expressly authorizes as of now the withholding of the escrow deposit and the immediate posting and collection thereof in the event of total or partial default by Lessee of any of its obligations hereunder, with Lessee waiving its right to assert any exception in this regard.
13.2 In case of failure to pay the escrow deposit, if not agreed, the machine and/or equipment shall not be delivered, the rental agreement shall be deemed to be terminated as of right and the Lessee shall be obligated to pay to the Lessor a penalty equal to 100% of the amount of the entire value of the agreed contract.
13.3 The security deposit will be returned by the Lessor to the Lessee, without interest, only after: (a) the full payment of all receivables owed by Oxley Piattaforme Srl for any reason or title whatsoever (whether arising from this contract or from previous and/or concurrent contracts, whether arising from rental contracts and/or sales invoices);b) the return of the machine and/or equipment, if it is undamaged, free from damage and breakdown, provided with all its parts, as well as the accessories and documentation delivered and, in the case of machines authorized for road traffic, if it has not been the subject of a claim.
13.4 In the event of non-compliance with art.12 and art. 13.3 (paragraphs a, b), the escrow deposit shall be forfeited by the Lessor, without the need for any notice, up to the equivalent of the value of the unpaid fees and/or costs and damages all (including for machine and/or equipment downtime, recovery costs, repair and restoration) suffered by the Lessor. This is without prejudice to the Lessor's right to obtain compensation for the greater damages for the costs of recovery, repairs, restorations, and compensation for the downtime of the machine and/or equipment, as set forth above.
13.5 There shall remain for the Lessee the fixed cost of €150.00 plus VAT for the administrative handling of the collection or enforcement of the security deposit.

14. EXPRESS TERMINATION CLAUSE
14.1 The early termination of this contract may be invoked as of right by the Landlord in the event that the Tenant defaults on any of the obligations set forth in clauses 2.2, 5.2, 5.3, 6.1, 7.1, 9.3, 10.2, 12.1 being each of them considered essential, or becomes insolvent, or otherwise significantly diminishes the guarantees on the basis of which this contract was concluded. In such cases, the Tenant hereby unconditionally grants Oxley Piattaforme Srl with registered office in Cuneo, 141 Via Valle Po, Cuneo, Italy, the right to collect the machinery covered by the contract, even outside working hours at the worksite(s) indicated in the contract and/or in the TD. Failure to be able to pick up the machinery will result in an increase in rental fees quantifiable at euro 500.00 per day per machine.

15. EXCEPTION OF NON-PAYMENT
15.1 In case of non-payment of the consideration on the due date by the Tenant, in the event that payments of fees are scheduled to be made during the performance of the contract, the Landlord expressly reserves the right to suspend performance by sending its own appointee to the place of performance of the contract, authorized to block the functionality of the contracted machinery. The Tenant expressly grants, in advance, authorization to said appointee to access the machinery owned by the Landlord, during the opening hours of the construction site.

16. SOLVE ET REPETE CLAUSE
16.1 The Tenant shall not be entitled to raise any exception whatsoever with respect to the contractual performance of the obligations unless it has first and fully discharged all of its obligations under this contract.

17. FORCE MAJEURE CLAUSE
17.1 Neither party shall be liable for its failure to perform its obligations under this contract if it can prove that the failure was caused by a Force Majeure cause beyond its control. For the purposes of this clause Force Majeure shall mean natural disasters, fire, flood, war, pandemic, insurrection, riot, labor disputes, strikes, measures of any public or governmental authority, and any other similar occurrence.

18. APPLICABLE LAW AND PLACE OF JURISDICTION
18.1. This contract is governed by Italian law. 18.2 For any dispute that may arise on the execution or interpretation of this contract, the parties agree that the Court of Cuneo shall have exclusive jurisdiction

19. DATA PROCESSING, COMMUNICATION AND DISCLOSURE
Pursuant to Article 13 of the European Regulation No. 2016/679 (General data Protection Regulation - GDPR), the Landlord hereby notifies that the data provided by reason of this lease agreement will be processed by the Landlord in accordance with the provisions of the law. It should also be noted that the data provided and/or in any case pertaining to the Tenant will be used for: a. administrative, accounting and financial management of the obligations arising from the lease agreement; b. any credit recovery activities that may be necessary at the sole discretion of the Landlord. As of now, the Tenant hereby declares to be informed that the Landlord is an associated party of ASSODIMI and expressly acknowledges the Landlord's right to notify ASSODIMI members as well as within the ASSODIMI Forum of the occurrence of any Tenant's insolvency due to failure to pay within the agreed term the amount due under the lease agreement, regardless of any question and/or exception that the Tenant may raise to justify its default and this also in consideration of the provisions of Article 16 above. The Tenant hereby expressly authorizes the Landlord to make the aforementioned communication, with clear reference to the business name of the Tenant itself and with express waiver of any claim and/or demand against the Landlord for the aforementioned communication even if disseminated within the ASSODIMI Forum; c. fulfillment of legal obligations therein
including as to Legislative Decree 81/2008.