Master Lease Agreement – Schedule 1
Envirotainer°
___________________________________________________________________________________________________________
1
DEFINITIONS
Term
Definition
Airport
Official customs airport.
Airport Premises See the Envirotainer website for a list with
definitions per Airport.
Business Day(s) Days the Envirotainer Operations Center is
open according to Opening Hours (Days and
hours) published on the Envirotainer website.
Container
The temperature-controlled air cargo Container
(defined type and version) leased out by
Envirotainer to Lessee as described in the
Operations Manuals.
Container ID
The specific IATA identification code assigned
to each Container.
Container
The process of Container hand-over from
Release
Envirotainer to Lessee or their representatives.
Container Return The process of Container hand-over from
Lessee to Envirotainer or their representatives.
Envirotainer
website
Lease Period
Lease
Transaction
Lease Type
Normal
Wear & Tear
Operations
Manual(s)
http://www.envirotainer.com, all sub-sites
thereon and the booking system.
See definition Section 4.1.
The purchase of one commercial shipment of
goods per leased Container during the Lease
Period.
Network Lease or Round Trip Lease.
Panels (outside and inside) and base:
•
Scratches inside and outside of panels
and on base that do not create any form of
punctures.
•
Minor dents, with an area not exceeding
50 mm in diameter and a depth of 5 mm.
Other Damages:
•
Scratches on lids and doors.
•
Dents not exceeding a depth of 5 mm in
aluminum vents/lids/hatches.
•
Tear on strap handles (not broken straps).
•
Electronic problems with thermostat,
control unit and display, fans and/or cables
not caused by physical handling.
Specifics for e-version Containers:
•
Minor damages to charging unit (not
resulting in broken or missing parts).
•
Red alarms not caused by wrong handling
or other external impacts.
Specific for Composite Containers:
•
Scratches in the gel coat and floor
laminate with no visible fibers.
Release Airport
Operations Manuals for each Container type
and version issued by Envirotainer and
available on request or on the Envirotainer
website.
Airport where Container Release takes place.
Return Airport
Airport where Container Return takes place.
Envirotainer
Station
Airport where Envirotainer is represented by a
Ground Handling Agent. The Envirotainer
Network List may be updated twice a year
(effective April 1st and October 1st) and is
published on the Envirotainer website no later
than Sixty (60) calendar days prior to the
effective date.
UCR/LUC Form IATA AC 20 ULD Control Receipt Form provided
by Envirotainer.
2
ORDER
2.1 Order Request
Order Requests are placed online via the Envirotainer website.
2.2 Regular Order
Orders shall be placed as early as possible. Orders placed four (4)
or more calendar days before the planned Container Release are
considered Regular Order.
2.3 Express Order
Orders placed three (3) or fewer calendar days before the planned
Container Release are considered Express Order. All Express
Orders are subject to an Express Order Fee, as specified in
Exhibit to Schedule 1.
2.4 Receipt of Order
Orders shall be regarded as received by Envirotainer on the local
date of the person placing the Order Request.
2.5 Order Acknowledgement
Envirotainer will acknowledge receipt of placed Orders within one
(1) Business Day from receipt.
2.6 Order Acceptance/Rejection
Envirotainer undertakes to accept or reject Orders as soon as
possible, however for Regular Orders no later than two (2)
Business Days before planned Time of Container Release or one
(1) week after Receipt of Order. If Regular Orders cannot be
accepted or rejected two (2) Business Days (due to weekends or
public holidays) prior to Container Release, they shall be accepted
or rejected as soon as possible. All Orders are subject to
availability of the ordered Container type and version and
acceptance by Envirotainer. Envirotainer will communicate the
Order Acceptance (or Rejection) in writing to the department
and/or contact person having placed the Order. Envirotainer
undertakes to accept or reject Express Orders as soon as
possible.
2.7 Confirmation of Container ID
Container ID for Regular Orders is confirmed no later than two (2)
Business Days prior to Container Release. If Container ID cannot
be confirmed two (2) Business Days (due to weekends or public
holidays) prior to Container Release, it shall be confirmed as soon
as possible. Envirotainer undertakes to confirm Container ID for
Express Orders as soon as possible.
2.8 Changes to Time of Container Release
In the event of changes to Time of Container Release, the following
is applicable:
•
If the day for Time of Container Release is postponed,
Change Order Fee, as specified in Exhibit to Schedule 1, is
applicable.
•
If the day for Time of Container Release is brought forward
and: if the change is made four (4) or more calendar days
before the new Time of Container Release, Change Order
Fee is applicable; if the change is made three (3) or fewer
calendar days before the new Time of Container Release,
Express Order Fee is applicable.
The new Time of Container Release cannot deviate more than
seven (7) calendar days from the currently valid Time of Container
Release. Changes to Time of Container Release can be done two
(2) times; a third change to Time of Container Release is
considered a Cancellation.
2.9 Changes/Cancellations to the Order ≥ 4 calendar days
before planned Time of Container Release
Other than defined in section 2.8, changes to an order, four (4) or
more calendar days prior to the planned Time of Container
Release are subject to a Change Order Fee per Order, as
specified in Exhibit to Schedule 1. Changes include:
•
Increase/Decrease in number of Containers ordered.
•
Change in Container type is considered as
Increase/Decrease in number of Containers ordered.
•
Cancellation.
___________________________________________________________________________________________________________
Master Lease Agreement (MLA)_Schedule 1_Version_2.0
Account Number: ________ Initial: ________ 1/4
Master Lease Agreement – Schedule 1
Envirotainer°
___________________________________________________________________________________________________________
2.10 Changes/Cancellations to the Order ≤ 3 calendar days
before planned Time of Container Release
Other than defined in section 2.8, changes to an Order three (3) or
fewer calendar days before planned Time of Container Release
are subject to fees, as specified in Exhibit to Schedule 1. The
following rules apply:
•
Increase in number of Containers is treated as Express
Order and is subject to an Express Order Fee per additional
Container.
•
Decrease in number of Containers ordered is treated as
Cancellation and is subject to a Cancellation Fee, as
specified in Exhibit to Schedule 1, per Container.
•
Change in Container type is considered as
Increase/Decrease in number of Containers ordered.
•
Change of Return Airport is subject to a Change Order Fee
per Order.
•
Cancellation is subject to a Cancellation Fee per Container.
3
CONTAINER RELEASE
3.1 Release Fee
For network Lease Types where Container Release is not equal to
Container Return and depending on the Release Airport chosen
for the Lease Transaction, a Release Fee may be applicable. The
applicable Release Fee is set forth on the Envirotainer website.
3.2 Time of Container Release
Containers shall be released on the agreed Time of Container
Release and on the agreed Point of Handover during the local
opening hours of the Envirotainer Station. For Orders with planned
Container Release during weekends or public holidays outside the
local opening hours, Envirotainer shall have the right to perform
the Container Release on the Business Day before planned
Container Release.
3.3 Point of Handover
The Point of Handover, if not agreed differently with Delivery
Service involved, is always the ramp of the authorized Ground
Handling Agent at the Envirotainer Station.
3.4 Release Process
When a Container is released it shall be clean, checked and
serviceable. At the Point of Handover and Container Release,
Lessee shall take possession of the Container including all
liabilities, inspect it and sign the UCR/LUC Form as acceptance of
its condition and serviceability. The inspection and acceptance
shall identify the existence of visible damages or signs that could
affect the functionality of the Container. The Envirotainer
representative shall countersign the UCR/LUC Form.
3.5 Delivery Service
Delivery Service is an exceptional service performed on Airport
Premises and is subject to availability of such service at the
Envirotainer Station. In such case, a different fixed Point of
Handover must be specified at the time of the Order Request and
agreed by both parties in writing. Delivery Service should be
performed before or after 12.00 pm local time and during the local
opening hours of the Envirotainer Station, defined at the time of
Order Request. Delivery Service is subject to a Delivery Fee
specified in Exhibit to Schedule 1. Envirotainer assumes the
damage risk during the Delivery Service. Containers delivered by
Envirotainer to Lessee for Network Balancing are not subject to
Delivery Fee.
3.6 Delay of Release Process caused by Lessee
At the Point of Handover, Lessee shall take possession of the
Container on the day of agreed Time of Container Release. Failure
of collection on the agreed day is considered as a cancellation and
will be subject to a Cancellation Fee per Container.
3.7 Delay of Release Process caused by Envirotainer
In the event the Container is not available for Container Release in
accordance with an Order Acceptance on the day of agreed Time
of Container Release, Envirotainer shall compensate the Lessee
as follows: (i) if the Container is released more than 4 hours and
up to 24 hours after the agreed Time of Container Release, the
Package Days shall be extended with one (1) calendar day; (ii) if
the Container is released with more than 24 hours delay the
Package Days shall be extended with two (2) calendar days. If the
Container Release is delayed for more than four (4) hours, the
Lessee has the option to cancel the Order without any
Cancellation Fee applied.
4
LEASE TRANSACTION
4.1 Lease Period
The Lease Period is the amount of calendar days from the local
calendar day of Container Release to the local calendar day of
Container Return.
4.2 Lease Packages
The Lease Packages are differentiated by (i) Lease Type and (ii)
Package Days.
4.2.1 Lease Types
There are two Lease Types available:
•
Network Leases are Leases where Container Release is at
an Envirotainer Station and Container Return is at the same
or another Envirotainer Station.
•
Round Trip Leases are Leases where Container Release
and Container Return are at the same Envirotainer Station.
4.2.2 Package Days
Each Lease Package has a predefined number of calendar days
which is defined as Package Days. If the lease period is greater
than the predefined Package Days, Envirotainer will charge
Lessee for Additional Days pursuant to Section 4.4.
4.3 Available Lease Packages
At the Envirotainer website, the available Lease Packages are
listed. An excerpt of the currently available Lease Packages has
been set out below.
•
Network9 Lease Packages are Network Leases, as defined
in Section 4.2.1, where the predefined Package Days are
nine (9) calendar days.
•
Round Trip11 Lease Packages are Round Trip Leases, as
defined in Section 4.2.1, where the predefined Package Days
are eleven (11) calendar days.
4.4 Additional Days
If the Lease Period is greater than the predefined Package Days
applicable for the ordered Lease Package, Envirotainer will charge
Lessee for Additional Days as follows:
•
Calendar day one (1) to ten (10) with which the Lease Period
is prolonged in comparison to the ordered Lease Package
are each charged at the full Additional Day rate (as set out on
the Envirotainer website) per Container.
•
From the eleventh (11) calendar day with which the Lease
Period is prolonged in comparison to the ordered Lease
Package, each day is charged at the half Additional Day rate
(as set out on the Envirotainer website) per Container.
4.5 Container Loss
If a Container has not been returned thirty (30) calendar days after
planned time of Container Return, the Container is considered as
lost. In addition to the charges for the Lease Package and
accumulated Additional Day charges, Lessee will be charged with
the Non-Return Value, as defined in Exhibit to Schedule 1, for
each lost Container. Should a lost Container be retrieved and
returned to Envirotainer, Envirotainer has the right to buy it back at
its residual value calculated on straight five (5) year depreciation
less charges for damage outside Normal Wear and Tear as set out
in the Damage Price List in Exhibit to Schedule 1.
5
CONTAINER RETURN
5.1 Return Fee
For Network Lease Types where Container Release is not equal to
Container Return and depending on the Return Airport chosen for
the Lease Transaction, a Return Fee, as specified in Exhibit to
Schedule 1, may be applicable. The applicable Return Fee is set
forth on the Envirotainer website.
___________________________________________________________________________________________________________
Master Lease Agreement (MLA)_Schedule 1_Version_2.0
Account Number: ________ Initial: ________ 2/4
Master Lease Agreement – Schedule 1
Envirotainer°
___________________________________________________________________________________________________________
5.2 Time of Container Return
of this Section 5.7 shall be regarded as a material breach of this
Containers shall be returned at the agreed Point of Handover Agreement for which Envirotainer may seek other additional
during the local opening hours of the Envirotainer Station. remedies available to Envirotainer pursuant to this Agreement or
Container Return outside the local opening hours of the at law.
Envirotainer Station is not possible.
6 INVOICING
5.3 Point of Handover
The Point of Handover, if not agreed differently with Collection 6.1 Invoicing
Service involved, is always the ramp of the authorized Ground Envirotainer will issue an invoice (i) after Container Return, (ii)
after cancellation, or (iii) in the event of Container Loss, after a
Handling Agent at the Envirotainer Station.
Container Loss has been established pursuant to Section 4.5. In
5.4 Container Return Process
At the Point of Hand Over, Envirotainer takes possession of the cases applicable, Envirotainer may issue collective invoices for
returned Container and the UCR/LUC Form is signed by several Lease Transactions. The invoice shall include additional
representatives from Envirotainer and the Lessee. The local services and charges connected to a lease as defined by this
calendar day of Container Return is defined as the date of the Agreement, if any. Damage is invoiced separately. The invoice
signed UCR/LUC form, if not agreed differently with Collection shall be issued in the currency defined in Exhibit to Schedule 1.
Lessee shall notify Envirotainer in writing within seven (7) calendar
Service involved.
days from the issue date of an invoice in case of disagreement,
5.5 Damage Control Process
listing the objections and connected amount.
At Container Return and regardless of the Point of Handover, the
detailed inbound inspection is performed at the Envirotainer 6.2 Payment terms
Station and damage outside Normal Wear and Tear and/or any Lessee shall settle invoices within the defined payment term (30
extraordinary cleaning needed is marked on a Container Check calendar days). A written objection to a part of an invoice does not
Sheet. In case of disagreement of Container damage at Container suspend the liability to pay the entire amount in due time. For
Return, Envirotainer shall document the damage outside Normal overdue payments, interest of 2.25% per month shall be accrued
Wear and Tear and/or any extraordinary cleaning needed with and invoiced.
pictures. Envirotainer shall notify Lessee in writing that damage 7
RIGHTS TO THE CONTAINER
outside Normal Wear and Tear has been found no later than
7.1
Title and Assignment
fourteen (14) calendar days after Time of Container Return.
Lessee
recognizes and acknowledges that the title to the
Damages outside Normal Wear and Tear and the repair cost
thereof and/or any extraordinary cleaning are charged to Lessee Containers is retained by Envirotainer or its appointed (banking)
at prices defined in the Damage Price List in Exhibit to Schedule 1. partners and that the Lessee has the right to maintain possession
of the Containers conditional upon Lessee’s compliance with the
5.6 Collection Service
terms of the Agreement. Lessee agrees not to sell, assign, pledge,
Collection Service is performed on Airport Premises and is subject hypothecate or otherwise encumber or suffer a lien upon or
to availability of such service at the Envirotainer Station. In such against any interest in this Agreement or Containers. Lessee
case, a different fixed Point of Handover must be specified at the further agrees not to modify or alter the Containers in any way.
Time of Order Request and agreed by both parties in writing. Envirotainer or its appointed (banking) partners and its
Collection Service is subject to a Collection Fee per collection representatives shall have the right at any time during the Lease
attempt, as specified in Exhibit to Schedule 1. Containers collected Period to inspect the Containers, and Lessee agrees that it shall
by Envirotainer after Network Balancing are not subject to take any reasonable measure with regard to the Containers
Collection Fee. Collection Service is triggered by Lessee sending required by Envirotainer to enforce the rights to each of them.
a Container Return Message (as specified on the Envirotainer
website) to Envirotainer, indicating that the Container is ready for 7.2 Marking of Equipment
collection. Envirotainer undertakes to collect the container(s) Envirotainer shall identify its equipment (including but not limited to
within (2) two Business Days after receiving the Container Return Containers) by distinctive markings. Such markings shall not be
Message. Lease Transactions, where the Container Return removed or covered by Lessee or any of its appointed
Message is received during Envirotainer Operations Centre representatives.
Opening Hours, are closed on the same day. Lease Transactions, 8
REPRESENTATIONS AND WARRANTIES
where the Container Return Message is received outside
8.1
General Warranties
Envirotainer Operations Centre Opening Hours, are closed on the
next Business Day. Lessee assumes liability for all damage to the Envirotainer represents and warrants that it shall at all times
Container that might occur before or during the Collection Service. during the Term of this Agreement comply and have its contractors
If Container Return Message is received but the Container is comply with the general regulations concerning airport activities to
physically not made available for collection as indicated on the extent applicable, and obtain at its own cost, any and all
necessary authorizations required hereunder. Lessee represents
Container Return Message, the following is applicable:
and warrants that it shall always follow the instructions of
•
Envirotainer will inform Lessee in writing that the Container
Envirotainer as set out in this Agreement and specifically those
was not available for collection and that Lessee needs to
instructions and recommendations set out in the material provided
trigger a new collection service by sending a new Container
by Envirotainer including but not limited to the Operations Manual.
Return Message.
Further, Lessee represents and warrants that it shall ensure that
•
Close of Lease Transaction and Container Return occurs
all applicable laws and regulations pertaining to the use of the
upon actual physical handover of Container and signature of
Containers are adhered to while in Lessee’s possession.
the UCR/LUC Form.
8.2 Container Warranties
5.7 Unauthorized Container Return location
Envirotainer warrants that the Containers are constructed to
Lessee is not allowed to return the Container to any other
meet the certification requirements issued by the civil aviation
Envirotainer Station than the Envirotainer Station agreed in the
airworthiness control authorities in the country of manufacture
Order prior to Container Release. Nevertheless should Lessee
and the applicable IATA standards. The Containers shall
return the Container to another Envirotainer Station, this
always comply with the standards specified in this Clause.
constitutes a breach of agreement and Lessee acknowledges and
Container performance specifications of each Container type
agrees that Envirotainer, at Lessee’s cost is entitled to transport
and version are defined in the Operations Manuals (section
the Container to the Envirotainer Station agreed in the Order. The
“Limits, ambient conditions”). Envirotainer warrants that the
transport is done as soon as possible and to spot market price.
Container, when operated in accordance with the Operations
Lessee further acknowledges and agrees that repeated breaches
___________________________________________________________________________________________________________
Master Lease Agreement (MLA)_Schedule 1_Version_2.0
Account Number: ________ Initial: ________ 3/4
Master Lease Agreement – Schedule 1
Envirotainer°
___________________________________________________________________________________________________________
Manual distributed to Lessee upon request, shall perform in
accordance with the description in said manual in all material
aspects. Notwithstanding anything to the contrary herein or
elsewhere in this Agreement or the Schedules, Lessee
acknowledges and accepts that the information in the Operations
Manual (or otherwise distributed to the Lessee by Envirotainer)
related to the performance of the Containers is based on the
results obtained during tests carried out in a closed test chamber
and under simulated conditions. The actual performance of the
Container may vary for several reasons beyond Envirotainer’s
control.
8.3 Exclusion of warranties for extra Lease Transactions
In the event Lessee would carry out more than one commercial
shipment of goods during a Lease Transaction, none of
Envirotainer’s warranties shall apply for such additional shipment.
8.4 Exclusion of all other Warranties
THE WARRANTIES AGREED ABOVE ARE IN LIEU OF ANY
AND ALL WARRANTIES AND ENVIROTAINER DISCLAIMS
(INSOFAR AS IT LEGALLY MAY DO SO) ANY AND ALL
WARRANTIES AND CONDITIONS RELATING TO THE
CONTAINERS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OR CONDITION OF FITNESS
FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE.
9.5 No other remedies
The remedies set out in this Agreement are exclusive and no other
remedies, whether by law, legal principles or otherwise, shall be
available for either party.
9.6 Survival of Indemnities
The provisions of this Section contain the full and maximum
liability of the parties under the Agreement. The indemnities
contained in this Agreement shall remain in full force and effect
notwithstanding the termination of the Agreement.
10
GOVERNING LAW
10.1 Governing Law
This Agreement shall be governed by and construed in
accordance with laws of Sweden irrespective of the principal place
of business or corporate domicile of the parties and irrespective of
the subject matter hereof and without giving effect to otherwise
applicable principles of conflicts of law and the parties hereby
consent to the exclusive jurisdiction of Stockholm City Court.
11
GENERAL PROVISIONS
11.1 Force Majeure
Neither party hereto shall be under any liability hereunder to the
9
LIABILITY AND INDEMNITY
other party on account of events of force majeure, such as any
loss, damage or delay occasioned or caused by lockouts, strikes,
9.1 General Indemnity
Each of the parties shall with the explicit limitations agreed in this riots, fires, explosions, blockade, civil commotion, epidemic,
Agreement at all times, both during the continuation of and after insurrection, terrorism, war or warlike condition, the elements,
the termination of this Agreement, indemnify and hold harmless embargoes, failure or inability to obtain material or transportation
the other party against any loss, damage and/or expense suffered facilities, acts of God or the public enemy, compliance with any
or incurred by that party directly as a result of a breach by the law, regulation or other governmental order, whether or not valid,
other party of any of the provisions of the Agreement or by that applicable in the event of performance or non-performance, or
other causes beyond the control of the party affected or any of its
party’s negligence or willful misconduct.
suppliers or agents, whether or not similar to the foregoing; provi9.2 Liabilities for Damages or Loss
ded, however, that nothing herein shall excuse any accrued obliSubject to the limitations contained in this Clause, Lessee agrees
gation for the payment for money. Such causes or omissions shall
to assume all liability and pay Envirotainer for any damaged or lost
only uphold the performance and excuse non-performance for as
Containers, from whatever cause or source, exclusive of Normal
long as it remains in force. A party, who wants to allege force
Wear and Tear, whether the Containers are in the care, custody
majeure, shall do so in writing to the other party immediately upon
and control of a common carrier or under the direct use and
the occurrence of the alleged cause or omission.
control of Lessee or one of its appointed representatives or
appointed airline/trucking company. The liability to pay damages in 11.2 Notices
case of damaged Container shall be limited to the Damage Price Any and all notices under the Agreement shall be valid if provided
List and in case of a loss or total destruction of a Container it shall in writing in English and sent by email to the address and for the
be limited to a maximum amount corresponding to the Non-Return attention of the relevant department identified on the Header.
Value of the destroyed or lost Container plus the accumulated Notices will be effective upon receipt thereof.
11.3 Non-Waiver
lease charges.
Envirotainer’s failure to require performance by Lessee or any
9.3 Exclusion of liability for extra Lease Transactions
In the event Lessee would carry out more than one (1) Lease provisions of the Agreement shall not be a waiver thereof.
Transaction during a Lease Period, Envirotainer shall have no 11.4 Amendments
liability whatsoever towards Lessee for such additional Lease This Agreement (including all its Schedules and Exhibits)
constitutes the entire agreement between the parties and
Transaction(s).
supersedes all prior discussions, representations, negotiations,
9.4 Limitation in Liability, Waiver of Consequential Losses
Envirotainer shall not be obliged to compensate Lessee for any understanding and agreements between the parties hereto and
damages caused (irrespective of how the damages were caused) their authorized representatives with respect to the subject matter
by the Containers beyond an amount corresponding to the hereof. This Agreement may be amended from time to time only
maximum amount awarded in accordance with the rules and by express written agreement of the parties executed by their
regulations governing the airway bill (but limited to the rules and authorized representatives.
regulations of the Warsaw/Montreal Conventions). Envirotainer 11.5 Severability
shall have no responsibility whatsoever for any third party claims If any provisions of the Agreement is deemed or declared invalid
to Lessee if the representations and warranties to the customer by a court of competent jurisdiction, the remaining provisions shall
made by Lessee exceed the liability set by the rules and remain in full force and effect.
regulations governing the airway bill. NEITHER PARTY SHALL BE 11.6 Confidentiality
LIABLE TO THE OTHER OR ANY THIRD PARTY FOR The parties hereto agree that all matters relating to the Agreement
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL shall be treated as strictly confidential.
DAMAGES, RELATED TO THIS AGREEMENT, INCLUDING, 11.7 Counterparts
WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF USE, This Agreement may be signed in two or more counterparts that
LOST PROFITS OR ANY OTHER INDIRECT DAMAGES, EVEN shall together constitute the same instrument. This Agreement
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY shall be effective when a signed counterpart has been delivered
OF SUCH DAMAGES, REGARDLESS OF THE FORM OF by each party to the other party or transmitted by facsimile to the
other party.
___________________________________________________________________________________________________________
Master Lease Agreement (MLA)_Schedule 1_Version_2.0
Account Number: ________ Initial: ________ 4/4
Master Lease Agreement – Exhibit to Schedule 1
Envirotainer°
___________________________________________________________________________________________________________
1
CURRENCY; VAT
The currency for all prices and invoices of this Agreement shall be
USD. All payments shall be made in USD. All amounts in this
Agreement and on the Envirotainer website are exclusive of VAT.
2
If Damage Waiver is not contracted, Lessee agrees to pay for all
damages outside Normal Wear and Tear, as defined in Section 6.
5.2 Damage Waiver Service Description
The Damage Waiver covers the following elements (Table 3):
Covered by Damage Waiver?
AVAILABLE LEASE PACKAGES
Lease Package
ULD Type
Network9
Yes
Damages to Containers outside Normal Wear and
Tear up to Structural Damage.
Deductible in case of damage outside Normal Wear
and Tear.
Container Loss.
The available Lease Packages and the applicable standard list
prices for the Lease Packages are set forth on the Envirotainer
website. An excerpt of the available Lease Packages and the
currently applicable standard list prices, from the Envirotainer
website, has been set out below.
Additional Day rate
RKN t2
1236 USD
309 USD
Any consequential loss or lost profit.
Network9
RAP t2
1916 USD
479 USD
RoundTrip11
CLD t2
804 USD
201 USD
RoundTrip11
RKN e1
2804 USD
701 USD
Repair cost on container from damage outside
Normal Wear and Tear which is caused by
negligence or misconduct (e.g. if the container is
damaged purposely by lessee).
RoundTrip11
RAP e2
6920 USD
1730 USD
Network9*
CLD t2
804 USD*
Network9*
RKN e1
2804 USD*
701 USD
Network9*
RAP e2
6920 USD*
1730 USD
201 USD
Excerpt 1 – Standard List Prices
*Special CLD t2, RKN e1 and RAP e2 rules: Orders for these CLD t2,
RKN e1 and RAP e2 Lease Packages are subject to special rules, stated
on the Envirotainer website.
3
Table 3 – Damage Waiver Coverage
6
Damage
118
157
1186
2070
1389
2659
1330
874
1480
2659
1362
5347
7331
9389
20801
220
124
127
134
Other damages and extraordinary cleaning are charged at Ground
Handling costs.
3.5 Release Fee
A fee may be applicable depending on the Release Airport, as set
forth on Envirotainer website.
3.6 Return Fee
A fee may be applicable depending on the Return Airport, as set
forth on Envirotainer website.
NON-RETURN VALUE
4.1 Non-Return Value
Table 4 – Damage Price List
*Admin fee will be charged once per damaged container for
damages outside Normal Wear and Tear regardless of the
amount of damages on the container.
7
DEFINITION OF STRUCTURAL DAMAGE
Structural Damage is defined as below (Table 5).
Table 1 – Non Return Value
DAMAGE WAIVER
5.1 Damage Waiver Option
Damage Waiver is an additional service which must be contracted,
as defined in the Header of this Agreement, Section 10, and cannot
be booked on a case-by-case basis. For RAP e2, Damage Waiver
is mandatory. Damage Waiver is subject to a Damage Waiver Fee
per Lease Transaction:
Type of Container
RKN t2, RAP t2, CLD t2
RKN e1
RAP e2
USD
Damage admin fee*
Patch of Panel per Patch
Exchange 1 side panel RKNt2 container
Exchange 1 side panel RAPt2 container
Exchange 1 side panel RKNe1 container
Exchange 1 roof panel RAPt2 container
Exchange 1 roof panel RKNt2 container
Exchange 1 roof panel RKNe1 container
Exchange 1 door RKNt2 container
Exchange 1 door RAPt2 container
Exchange 1 door RKNe1 container
Exchange base RKNt2 container
Exchange base RAPt2 container
Exchange base RKNe1 container
Exchange base RAPe2 container
Exchange 1 lid (various)
Spacer repair/exchange
Air guide repair
Missing adapter cable
3.4 Delivery and Collection Fee
Delivery Fee is 130 USD per container.
Collection Fee is 130 USD per container.
5
DAMAGE PRICE LIST
Damages outside Normal Wear and Tear are charged according
to the Damage Price List below in Table 4.
3.2 Change Order Fee
Change Order Fee is 66 USD per booking.
3.3 Cancellation Fee
Cancellation Fee is 790 USD.
USD
10 500
10 000
59 000
14 200
117 900
X
5.3 Damage Waiver Process
For damages identified in the Damage Control Process and
covered by the Damage Waiver, only the Deductible will be
charged, instead of the full amount for the repair cost.
FEES
Container Type
CLD t2
RKN t2
RKN e1
RAP t2
RAP e2
X
X
X
X
Damage to other equipment or property.
3.1 Express Order Fee
Express Order Fee is 655 USD per Container.
4
X
Damage to goods shipped inside the container.
Package Price
Packages where specific rules apply:
No
X
Damage Waiver Fee
USD 130
USD 196
USD 328
Deductible Maximum
USD 130
USD 196
USD 328
Repairs/exchange of
panels, base, doors
etc, that exceed the
value below is defined
as Structural Damage
RKN t2
>5 250 USD
CLD t2
>5 250 USD
RAP t2
>5 250 USD
RKN e1
>7 900 USD
RAP e2
>13 100 USD
and/or
Damage to specific Container
items, as specified below, is
defined as Structural
Damage
Control unit
Control unit, Cable winder,
Battery pack, MRU
Table 5 – Definition of Structural Damage
Table 2 – Damage Waiver Fee & Deductible
___________________________________________________________________________________________________________
Master Lease Agreement (MLA)_Exhibit to Schedule 1_USD_Version_2.0
Account Number: ________ Initial: ________
1/1