Any order implies acceptance of these terms, which prevail over any other document. The rental of protection solutions from K-REN SAS is governed by these terms and by the rental agreement signed between K-Ren SAS (the lessor) and the lessee. Certain provisions expressly referring to professionals apply only to professionals and not to consumers and/or non-professionals..

Article 1 - Required Conditions for Renting

The minimum age is 18 years. K-REN SAS may require the presentation of documents (identity card, Certificate of French registration, navigation license, proof of residence) for the rental, copies of which may be kept, and may require a financial guarantee, which can be provided by any means accepted by K-REN SAS, which may cash it at any time without prior notice, with the obligation to return it after payment of the amounts due and the return of the rented item in good condition. The amount of this guarantee does not limit the financial responsibility of the renter, which may be engaged beyond that..

Article 2 - Rental Duration

In the absence of any other contrary mention in the rental agreement, the unit of time used is the annual period - hereinafter referred to as "period." The first period begins on the first day of the month following the delivery of the rented equipment to the tenant. This date is specified in the contract. Any rental period that has begun is due and payable. In the absence of any other contrary mention, the rental duration is set at 3 periods.. 

The transfer of risks and responsibilities takes effect at the moment the equipment is handed over to the tenant. This date is specified on the delivery note. The burden of risks is then transferred to the tenant. It is agreed that the rented solution is made available free of charge from the handover to the tenant until the start of the first rental period.. 

The rental and legal custody end upon the complete return or recovery by K-REN SAS or its representatives.

Article 3 - Provision

1) Conception

K-REN solutions are custom-made. During the design process, the technical team at K-REN SAS collects useful technical information from the tenant for the design. K-REN SAS cannot be held responsible for design defects caused by incorrect, incomplete, or inaccurate technical information provided by the tenant, nor for any additional costs incurred due to on-site measurements taken by the technical team of K-REN SAS. The amount of the first rent due will be increased by any potential additional costs incurred.

2) Force majeure

K-REN SAS cannot be held responsible for delays in availability or delivery due to any reason beyond its control, such as force majeure, changes in regulations, strikes, riots, floods, climate incidents, epidemics, and is not liable for any compensation in this regard.

3) Compliance

K-REN SAS commits to providing the tenant with equipment that complies with current regulations in France, along with the necessary accessories, user manual, safety instructions, setup instructions, disassembly instructions, and maintenance guidelines. Upon taking possession of the equipment, the tenant checks the delivery of these items and the apparent condition of the equipment, in order to make any reservations they deem necessary. In the absence of reservations, the equipment is deemed to have been delivered to the tenant in good apparent condition. A non-apparent defect or a technical complaint can be reported at any time during the rental period and no later than 5 days after its discovery..

4) Delivery of the rented equipment to the tenant

The transport and initial setup of the equipment at the docking location are deemed to be the responsibility of K-REN SAS - unless otherwise stated. In the event of delivery, the tenant must provide a delivery address and sign a delivery receipt. In the absence of any reservations regarding the apparent condition of the equipment made within 4 hours of delivery, the tenant is deemed to have received the equipment, in accordance with their order, in apparent good condition, with the necessary accessories. For reservations to be valid, the equipment must not have been used except for setup testing. Any other use constitutes acceptance without reservation. Installation, deinstallation, and maintenance are carried out under the responsibility of the tenant, who agrees to familiarize themselves with the user, operational, and safety manual of the rented solution. K-REN SAS's obligation is limited to providing the manuals..

Article 4 - Use 

The loan and subletting are prohibited. The tenant certifies that they are authorized to use the equipment, which they commit to using themselves or by their duly trained and authorized personnel. They must use the equipment reasonably, in accordance with its intended purpose and applicable regulations, with caution, maintain it in good condition, comply with the instructions and safety notices, and disseminate them to users. They are responsible for checking port environments, mooring conditions, compliance with rules governing maritime and port areas, and considering the environment. The tenant is prohibited from making any modifications, alterations, or transformations to the rented equipment. Unless there is a written agreement from the lessor, they may only use the equipment in metropolitan France and the overseas territories, Germany, Benelux, Spain, Italy, Great Britain, and Switzerland, and it is their responsibility to verify the applicable regulations in the area of use. When not in use, they commit to storing the cover in the dedicated bag provided by the lessor and to keep that bag in a secure location or vehicle. If the tenant has opted for the rental of an additional pontoon bag, they commit to storing the cover in the pontoon bag..

The tenant agrees to use K-Ren solutions under normal and usual environmental weather conditions. They agree not to use K-Ren solutions during degraded weather conditions, Special Weather Bulletins, weather alerts, or exceptional, severely degraded, or unusual environmental conditions (for example: high tide coefficient, etc...).

Article 5 - Maintenance

The tenant is required to protect the rented equipment against any damage and to regularly carry out maintenance operations in accordance with the recommendations of the user manuals and the technicians of K-Ren SAS..

He agrees to immediately inform K-REN SAS of any anomalies observed in the equipment. Any repair costs resulting from his failure to maintain it will be his responsibility..

Article 6 - Repair Services

The tenant benefits from telephone assistance by contacting the lessor. In case of damage, breakdown, or malfunction, they must immediately stop using the equipment, notify K-REN SAS by phone, and send written confirmation detailing the circumstances within 72 hours. The tenant is responsible for assessing weather conditions. If the equipment is used on a high-risk site (asbestos, nuclear, petrochemical, contaminated, maritime) or under risky weather conditions, the lessor's interventions on-site will only be carried out outside the risk area or under safe weather conditions, on equipment that has been previously decontaminated by the tenant. Any repairs are only carried out at the initiative of K-REN SAS, with the financial burden being borne by the tenant after the presentation of the repair estimate..

K-REN SAS alone decides whether or not to repair the Asset.

Article 7 - Liability / Insurance

K-Ren solutions are designed to protect the hulls of ships by reducing the risk of biological fouling on the submerged parts of the vessels. The tenant may not use the equipment for any purpose other than that for which it is intended. They assume physical and legal custody of the equipment upon its availability and are responsible for damages caused by and to the rented equipment. However, they cannot be held liable for harmful consequences of hidden defects, as long as they provide proof of such defects..

The liability of the lessor, for all causes combined, remains limited to the direct material damage suffered by the lessee, and within the limit of the rental amount of the equipment in question, except in cases of bodily injury or gross negligence and fraudulent misconduct by K-REN SAS. Under no circumstances shall K-REN SAS be held liable for any indirect and/or immaterial damages, including loss of profits, revenue, commercial benefit, or the lessee's commitments to third parties..

1) Third-party damages

The tenant is responsible for damages caused by the equipment during the rental period. This insurance does not exempt the tenant from obtaining liability insurance to cover damages caused to third parties..

2) Damages to the leased property

The tenant is responsible for the use of the rented property and for any damages incurred to that property. They bear the financial consequences of any incidents that occur during their rental period. In the event of total loss or theft, the reference value is the "Residual Value," defined as the replacement value with new equipment at the time of the incident according to the supplier's public price, minus a depreciation of 0.8% per month, capped at 50%. They must cover their liability by obtaining insurance themselves..

Article 8 - Exclusion of Guarantees

1) Third-party damages 

The following are excluded from the "pro" liability coverage provided by K-REN SAS: damages caused intentionally, those suffered by the tenant, damages to the tenant's property, to accompanying persons or their employees, to third parties, and to their property. The tenant remains liable to K-REN SAS for the portion of risks not covered by the lessor's liability insurance..

2) Damage to equipment

Damage to equipment is excluded from the "pro" liability coverage guaranteed by K-Ren SAS, particularly in cases of false statements or the use of fraudulent means, the tenant is not entitled to any compensation..

Article 9 - Declaration in the Event of Claims

In the event of an incident, the tenant must inform K-REN SAS as soon as they become aware of the incident and submit their claim in writing within 5 days. They must include the date, location, circumstances, name, address, and qualifications of the user, victims, and witnesses, as well as whether any authorities were involved and the location where the damages can be assessed. They must allow K-REN SAS access to the equipment. Otherwise, a flat fee of €100 will be charged for participation in the management costs of the claim in the event of subsequent liability of K-REN SAS by a third party. In case of theft, they must file a report with the authorities mentioning the identification of the equipment, the date, and the circumstances of the theft and send the originals to K-REN SAS without delay. They must forward to K-REN SAS any claims, summons, procedural documents, and communicate any documents without delay upon simple request..

Article 10 - Infractions

The tenant is responsible for violations of port, maritime, and environmental regulations committed by him or his agents. The lessor cannot be held liable for violations committed by the tenant.

Article 11 - Rental Price

• The rental price is set per unit of time according to the rate in effect at the time of the order. The contract specifies the price agreed upon.
• In the absence of any other contrary mention, the unit of time used is the annual period - hereinafter referred to as "period".
• The first year starts on the first day of the month following the return of the rented equipment to the tenant..
• The payment of the first rent is due upon signing the contract.
• Any rental period that has begun is due and payable. Any rent paid is non-refundable..

Article 12 - Termination Clause

The tenant has the option to terminate the rental agreement at any time by registered letter within 30 days following the first day of a rental period..

Article 13 - Acquisition Clause

The tenant has the option to purchase the rented solution after 3 completed rental periods for the price indicated in the "Financing" section on page 1. The tenant also has the option to purchase the rented solution at any time before that for a price corresponding to the total rental amount minus the rents already paid.. 

If the tenant does not wish to acquire the rented solution at the end of the 3 periods, they are required to return the rented solution at their own expense according to the terms outlined below (Art.14).

Article 14 - Restitution

1) Conditions for restitution

The equipment can only be returned during the opening hours of K-Ren SAS or its representatives. In the event of a pickup by K-REN SAS, the renter must inform them in writing of the equipment's availability with reasonable and sufficient notice, specifying the location where it is situated. The equipment must be accessible to K-REN SAS. In the case of use at a hazardous site (asbestos, nuclear, petrochemical, contaminated, maritime, etc.), the renter must decontaminate the equipment and make it available to the lessor outside the risk area. The renter remains responsible for all obligations arising from the contract until the equipment is effectively retrieved by K-REN SAS. The equipment is not considered returned, and legal custody is not transferred to K-REN SAS until the signed return receipt from K-REN SAS is provided..

2) Reserves

The tenant must return the equipment in good condition, with all accessories and equipment. Otherwise, cleaning and repairs will be charged based on the rates usually practiced by K-Ren SAS, and will be subject to billing that cannot exceed the price of new equipment minus its depreciation. Upon return, a return receipt specifying the return date and the apparent condition of the equipment is issued, subject to any non-apparent damage. In the event of a pickup by K-REN SAS in the absence of the tenant, a letter mentioning any apparent damage is sent to the tenant, who has 5 days to provide their observations in writing. K-REN SAS reserves a period of 5 business days after the return to notify of any non-apparent damage to the equipment at the time of return. In case of theft or loss, the rental contract and billing only terminate upon receipt by K-REN SAS of the tenant's declaration to the authorities. In case of non-return, a fee is charged based on the definition in article 7.2) in addition to the rental. Equipment, accessories, removable elements, or spare parts not returned are charged at the replacement price.

Article 15 - Eviction of Tenant

The tenant is prohibited from removing or modifying the property tags or inscriptions affixed to the equipment. They are prohibited from granting anyone a right to the rented equipment..

Article 16 - Regulations

The invoice is payable in cash, unless a payment deadline is specified in the special conditions. The payment period for rentals may not exceed 30 days from the date of issue. Any amount not paid by the due date automatically incurs late payment penalties at a rate equal to 3 times the legal interest rate in effect, as well as the forfeiture of all payment deadlines. The tenant is also liable for a flat fee for collection costs of €100, and, after a formal notice remains ineffective for 8 days, a flat penalty equal to 15% of the unpaid amount as damages.

Article 17 - Resolutory Clause

If the tenant fails to fulfill an obligation on their part, particularly the non-return of equipment or failure to pay on the due date, the contract may be terminated by K-REN SAS by right at the tenant's fault 48 hours after a formal notice by registered letter has gone unanswered. K-REN SAS then demands the immediate return of the equipment without prejudice to the amounts due for the expired rental, under penalty of the sanctions provided in Article 12 or the application of a daily indemnity equal to the calculated daily rent, and a complaint under Article 314-1 of the Penal Code. The tenant remains responsible for the equipment in any case and becomes the custodian in the sense of Article 1915 of the Civil Code. They have 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 unavoidable rental duration, K-REN SAS will receive an indemnity equal to the total remaining rent or will revise the initially indicated price based on the actual rental duration, according to the least expensive amount for the tenant..

Article 18 - Intellectual Property

The K-Ren solutions, as well as all associated elements (plans, drawings, prototypes, technical notices, user manuals, trademarks, logos, patents, and other intellectual property rights), are and remain the exclusive property of K-REN SAS. The provision of the solutions under this contract does not grant the tenant any intellectual property rights or usage licenses other than those strictly necessary for the normal and reasonable use of the equipment under the conditions set forth in the contract..

The tenant agrees to respect the intellectual property rights of K-REN SAS and formally prohibits himself from:

• To reproduce, in whole or in part, the K-Ren solutions or their associated elements, by any means whatsoever, without the express and written permission of K-REN SAS.
• To modify, adapt, translate, distribute, or disclose to third parties, in any form whatsoever, all or part of the protected elements.
• To exploit the solutions or their components for purposes other than those intended under the contract.

Any violation of this provision constitutes a serious infringement of the intellectual property rights of K-REN SAS and may result in the immediate termination of the contract, without prejudice to any legal actions and claims for damages that K-REN SAS may pursue to protect its rights..

Article 19 - Right to Image

The tenant expressly authorizes K-REN SAS to use, distribute, or reproduce, free of charge, the photographs or videos taken in the context of using K-Ren solutions, on any internal or external communication medium (website, social media, brochures, activity reports, etc.), and this for an unlimited duration..

This authorization includes the right for K-REN SAS to make any necessary edits or adaptations for communication purposes, provided that it does not compromise the integrity or dignity of the tenant. Furthermore, the tenant agrees not to use the image of K-REN SAS, its trademarks, logos, or any other distinctive elements, nor to publicly communicate about the rented products or solutions, without the prior written authorization of K-REN SAS. Any use or communication made without this authorization constitutes a violation of the rights of K-REN SAS and may result in contractual or legal sanctions..

Article 20 - Mediation

In case of a dispute, the consumer can submit a complaint to the customer service of K-REN SAS - 101 rue des pêchers - 34130 Mauguio. If a disagreement persists, they can resort free of charge to the mediator AME Conso, which is affiliated with K-REN SAS, either by mail at AME Conso 11 Place Dauphine 75001 PARIS or electronically. www.mediationconso-ame.com

Article 21 - Law / Jurisdiction Allocation

The present contract is governed by 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 Montpellier, to which the parties grant exclusive jurisdiction even in the case of interim measures, third-party claims, or multiple defendants..