General Terms and Conditions
Unless otherwise agreed in writing, the below terms and conditions apply to any trade relations with TMN Crew ApS. TMN Crew ApS reserves the right to amend the present lease and trade terms and conditions without notice. For the purpose of this document, the party ordering the service shall be referred to as the lessee and TMN Crew ApS as the lessor.
Lessor obligations and rights
When the lessee contacts the lessor with a view to lease staff from the latter, this is considered a tender request including details on what type of staff is required, the number of staff required, staff qualification requirements, e.g. driving licence for Large Goods Vehicles, pipe layer certificates and experience, etc. and the period for which staff is required. Furthermore, the parties may choose to enter into an agreement for a longer trade agreement. The terms are specified in further detail in a separate agreement and the terms and conditions of the present agreement apply between the parties unless otherwise agreed in writing. The lessor is the employer of the leased staff and therefore responsible for paying the wages, and making income tax deductions, holiday pay and providing any associated services for the staff in question. The leased staff are equipped with the lessor’s standard work attire and safety shoes. If the leased staff are to perform work requiring special clothing, masks, helmets or similar, or if the lessee wants such equipment to be used for any other reason, it is the responsibility of the lessee to make this available to the staff. The lessor is responsible for ensuring that the leased staff are trained/qualified to perform the work in question. The lessor nevertheless has no right to instruct staff as instruction rights, including the right to organise the work, lies with the lessee.
Lessee obligations and rights
The lessee is obligated to pay the agreed rate for the leased staff based on the lessor’s general lease and trade terms and conditions. The Lessee is obligated to provide parking for the hired staff or pay for parking for the hired staff. The lessee is obligated to pay mileage based on the Danish government’s regulations for such in cases where the leased staff are asked to use their own vehicles, or those of the lessor, in connection with performance of the work, unless otherwise agreed in writing. The lessee is obligated to pay shelter money pursuant to the applicable rules. The lessee undertakes to provide instruction for the leased workers and to ensure that these are familiarised, as required, with the work to be performed. This includes supplying them with the necessary materials, drawings, specifications and anything else needed in order to perform the work correctly. The lessee undertakes to ensure the safety of the leased staff and to make sure that all work is performed under safe conditions and based on the applicable working environment regulations. The lessee takes out standard liability and occupational injury insurance for the leased staff as they are responsible for the leased staff’s actions. The lessee is responsible for any damage to persons, objects or property caused by leased staff. The lessee is thus obligated to indemnify the lessor for any claims raised by leased staff or third parties against the latter.
Further obligations
The lessee undertakes to refrain from hiring, or otherwise contracting the services of the lessor’s employees for a period of one year following the performance of work on their behalf, unless otherwise agreed in writing. If the lessee hires, or otherwise contracts the services of one of the lessor’s employees within the one year period, the lessee must pay a contract penalty of DKK 28,000 and each month that these circumstances persist are considered a breach, until such a time that the 12-month period mentioned above has ended.
Claims and faults
If the lessee finds that the hired staff fail to meet the qualification requirements set, or if the lessee is otherwise dissatisfied with the leased staff, the lessee has an obligation to notify the lessor of this without delay. The lessor is obligated to send replacement staff as soon as possible, to the extent that the former accepts a complaint. In the event of a complaint, the lessee is, as a minimum, obligated to pay the rate for the staff that was originally ordered until such a time that the lessee has notified the lessor of the complaint. The lessor is not liable for the work performed by leased staff. The lessee may thus not raise claims or claims for compensation against the lessor based on the leased staff’s work unless the lessor can be shown to have acted carelessly. The lessor is not responsible for any direct nor indirect losses such as operational losses, loss of profits, or other losses of any kind, that the lessee incurs during or after the lease period.
Breaches of the agreement
Any infringement of these general lease and trade terms and conditions, or the terms and conditions for payment, will be considered a breach on the part of the lessee. In the event of a breach, the lessor shall have the right to recall the leased staff without notice.
Choice of law and arbitration
Any disputes between the Customer and TMN relating to this agreement shall be settled based on Danish law and cases presented to the Roskilde court.