Conditions of Use

DRAFT DISCLAIMER (NOT YET IN FORCE)

This document is published as a draft version of the EcoWiseX Ltd Terms & Conditions.
It is provided for soft‑launch testing, internal review, and platform usability purposes only.

EcoWisex HK reserves the right to revise, update, or replace this document before the full official launch of our online rental platform.

1. Lease period

1.1. This Agreement shall be binding on both parties from the date of entry into force and shall remain in effect until the date of expiry or termination pursuant to [Clauses 1.2 and 1.3] of this Agreement.

1.2. The lease term shall not be less than one month continuous ("Minimum Lease Term"). If the lease of any equipment is less than one month from the date of delivery to the date of delivery, the renter will still be required to pay one month's rental fee (regardless of the day the equipment is returned during the one-month period). Any failure to comply with this [Clause 1.2] will be deemed to be a breach of this Agreement.

1.3. The Lease Term shall commence on the actual date of delivery of the Equipment to the Renter (the "Delivery Date") and shall expire (both dates inclusive) on the date on which the Renter's Equipment is delivered (the "Delivery Date") (the "Rental Period").

1.4. If the Lessee fails to give written notice of the return date at least seven working days before the specified delivery date or the date on which the Assigned Operator ceases to use (assuming that the date is different from the specified delivery date), the Lessee shall pay the Lessor an additional fee of seven days in lieu of notice, including rent and operator fees, etc.

2. Rent and deposit

2.1. The Renter agrees to rent the Equipment on a monthly basis and the monthly rent for the Equipment ("Rent") is not deductible or offset-off. The lessor will not be liable for any damage or loss arising therefrom. Rent will not be deducted in the event of a public holiday, inclement weather, strikes, scheduled maintenance or equipment failure caused by misuse or negligence of the Renter or its operator (whether or not any operator is assigned under the Agreement). If the first or last month of the lease term is less than one month, the monthly rent for that month shall be adjusted proportionally.

2.2. Before taking over the Equipment, the Lessee shall pay the Lessor a deposit of one month's rent (the "Deposit") to ensure that the Lessee properly complies with and fulfills the agreements, provisions and conditions set forth in this Agreement. The full amount of the deposit, less any amount payable by the Lessee to the Lessor under this Agreement, will be refunded to the Lessee without interest and as soon as possible, without prejudice to any other claims that the Lessor may have against the Lessee.

3. Transportation, installation, disassembly and return

3.1. If the transportation is contracted by the lessor and is damaged during the transportation, the lessor is responsible. If the transportation is contracted by the lessee and is damaged during the transportation, the lessee is responsible

3.2. Shipping costs are calculated on a per-unit basis per delivery location, if two or more devices are delivered to the same location, the delivery fee for both devices will be charged, and so on.

3.3. The Lessor may provide installation or dismantling services for the equipment at a cost per person per day per equipment (less than one day is also counted as one day) ("Installation or Dismantling Fee"). The lessee must ensure that the equipment is installed or dismantled in a location that the lessor considers safe, suitable and accessible for the purpose of installation or dismantling. If the Lessee is unable to ensure that the installation or dismantling of the equipment is safe, appropriate or accessible and the installation or dismantling cannot be completed, the Lessor has the right to refuse the installation or dismantling, but the Lessee will still be required to pay the relevant rental and installation or dismantling fees on the same day.

3.4. The Lessor will not cover the cables and electrical connections of the Equipment under this Agreement. The lessee shall hire qualified technicians to undertake this work at its own expense.

3.5. Before returning the Equipment to the Lessor, the Lessee shall ensure that the Equipment is adequately and properly cleaned, including but not limited to washing off the mud and sand attached to the Equipment, and such cleaning shall be completed to the Lessor's satisfaction. In addition, the lessee must ensure that the equipment is not rusted or severely scratched by man-made or the environment of the construction site (e.g., mineral water/seawater rust on the construction site/incorrect operation by construction personnel, etc.). Otherwise, the lessor is entitled to charge an additional fee for cleaning the equipment or repairing, etc. In case of any dispute, the decision of the lessor shall be final.

3.6. When the equipment is exited, such as the hand control remote control is lost. The lessee shall compensate the lessor

4. Operation, repair, and maintenance

4.1. At the request of the Lessee, the Lessor may provide various customized maintenance services, usually short-term and fixed-term according to the contract, at the Lessee's own expense at the Lessee's own expense.

4.2. The Lessee shall bear the cost of the equipment consumables at its own expense, including but not limited to fuel, bucket consumables, lubricants, filters, filters, drums, and tires (if applicable). When it comes to fuel, the renter must ensure that the oil refueling the equipment is of good quality and free from any impurities.

4.3. The lessor shall provide the equipment with the simplest parts, including flashing lights, mirrors and a mechanical moving horn system. Equipment rental does not include a circuit box or other auxiliary equipment or devices (including but not limited to yellow and black tail rodents, extra side mirrors, extra flashing lights, extra arm lights, extra rearview mirrors, lifting devices, tail bars, hand hammers, life buoys, life ropes, life jackets and fire extinguishers). The lessor will charge an additional fee when such equipment or device is provided at the request of the lessee (if the lessor agrees).

4.4. The Lessor will provide only one cannon to the Lessee for each Equipment. If additional cannon fir is required, the lessee should pay for it at their own expense. (if applicable)

4.5. The Lessee shall take good care of the equipment and keep it in good maintenance and in good working condition (except for reasonable wear and tear caused by proper use). The lessee shall ensure that the equipment is operated in accordance with the original functional purpose for which it was designed, that the equipment is used correctly, that abnormal or unnecessary rough use is avoided, and that the equipment must be repaired and maintained reasonably.

4.6. If the Renter makes any modifications to the equipment without the consent of the Lessor, the Renter shall bear the risk and cost of damage.

4.7. The Renter shall be responsible for the daily maintenance of the equipment, including but not limited to checking the fuel and water levels, and ensuring that the battery is properly charged, etc.

4.8. The Lessee shall ensure that the Equipment is used and operated in a safe, careful, skillful and appropriate manner by a trained, competent, qualified and authorised operator and shall comply with and comply with all applicable laws, regulations and regulations, including registration and/or licensing requirements (if any) relating to the possession, use or maintenance of the Equipment.

4.9. The Lessee shall replace all lost, damaged or damaged parts with original or original parts of the original parts at its own expense and pay on time all costs and expenses for the maintenance, warranty, repair and other work of the equipment. If the Lessor additionally requests the Lessor to assist in the maintenance and repair of the Equipment, the Lessor will charge the Lessee additional fees for parts and additional service charges.

4.10. Technicians will carry out regular inspections, maintenance and repair works, and the lessee must have sufficient labour insurance to provide accident protection for every technician entering the site in the event of an accident.

4.11. In case of bad weather (such as black rainstorm or typhoon signal No. 3 or above, etc.) at the start of construction, the lessee must arrange to move the machinery to a safe place and provide protective measures. If the machinery is damaged due to the lessee's failure to take the above measures, the lessor is entitled to claim compensation from the lessee for loss of the equivalent value of the machinery.

5. Device location

5.1. During the tenancy period, the Lessee shall at any time store the equipment at a designated site location (the "Work Site") and within the possession and control of the Lessee and shall not remove the Equipment from the Work Site without the prior written consent of the Lessor.

5.2. The lessor enters into this Agreement on the condition that the Lessee may operate the equipment only on the ground of the work site and not on the seashore or sea or underground near the work site. If the Renter requests to operate the Equipment at sea or at sea or underground near the Work Site, an additional fee will be charged as determined by the Lessor and the Renter shall make the request not less than seven business days before the Renter's delivery date of the Equipment or the scheduled relocation date (if the Equipment is delivered or collected); However, the lessor is not obliged to accept the relevant requirements.

6. Payment

6.1. The Lessee shall pay the Lessor by cheque, bank transfer, bank deposit or cash (in the case of cash, with the consent of the Renter) or by such other means as the Lessor may specify from time to time and without prior request by the Lessor.

6.2. The Lessor may, without prejudice to its other rights under the Agreement, charge the Lessee interest on late payments ("Late Payment Interest") accrued from the due date of all outstanding payments until the date on which all payments are paid off (including the date before and after the date of judgment).

6.3. If any payment is overdue for more than 30 days or more, the interest on the overdue payment shall be calculated at the rate of 8% per annum per annum above the Hong Kong dollar prime rate (as announced by The Hongkong and Shanghai Banking Corporation from time to time).

6.4. If the Renter fails to pay rent or other applicable fees directly, or if the payment record does not show that the Renter has paid such charges directly, the Renter shall provide an explanation (with documentary evidence requested by the Lessor as may be required by the Renter) as to the reasons for the non-direct payment, in which case the Lessor reserves the right to: (i) treat the amount received by the Lessor (pursuant to any notice received by the Lessor in relation to payment) as a payment/arrangement made by the Renter to assume its responsibilities as the main debtor under the Agreement , or (ii) deny the payment, in which case the lessee must pay directly. In addition, if rent or other applicable fees collected by the lessor (pursuant to any notice received by the lessor in respect of such payment) are not honored, the lessee shall be obliged to repay the amount as the principal debtor.

7. Insurance

7.1. The Lessee is responsible for purchasing all insurable risks required by law (including but not limited to all risks insurance for third party liability and material and property damage insurance for the Contractor) at its own expense for the full replacement value of the equipment. In addition, the lessee must proactively provide proof of insurance to the lessor for records.

8. Governing Law and Jurisdiction

8.1. The Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The parties irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.

9. General provisions

9.1. This Agreement and all appendices shall be read together.

9.2. In the event of any discrepancy between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.