Sample contract of lease of equipment with an individual: specific features of compilation and recommendations

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2018-03-22 19:48:17

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Sample lease agreement of equipment with an individual is used quite regularly. What you need to know that he satisfied the parties, and comply with the law without causing difficulties in relations with regulatory authorities?

The Concept of rent

Who needs a sample of the lease of equipment with an individual? Rent is a relationship of transfer of property in temporary use for the term specified by the agreement. Is more usual to hear about the rental properties, but the equipment and other things not less are transmitted under such conditions. A feature of this rental is that the property that is in use, should not lose its properties. The lifetime must be sufficiently long, at least several years.

Legislative control

To Use the sample rental agreement of equipment with an individual not so easy. It is necessary to consider the terms of the agreement, to reconcile them with the legislative acts. The main regulatory document in this area is the Civil code. The law contains General provisions about the rent, its varieties (rental, leasing).

sample of a lease agreement with natural person

Attention is Paid to the tax aspects. How the conditions that affects the relationship of the owner or the owner of the property with the tax authorities. Literally one comma affects the amount of taxes paid.

Thus, the sample should be used as the basis for further work. To take it in its pure form is not recommended.

The regulatory base – technical documentation related to the use of the equipment.

The conditions

The different approaches to the wording of the conditions. The difference is in the attention to certain aspects. For example, in some agreements, the clauses on the terms spelled out more carefully than others. They specify specific dates or a variant, when the agreement is renewed automatically until one of the parties does not declare his rejection of it. Or, on the contrary, the agreement shall be terminated if one of the parties does not declare its extension.

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the lease of equipment documents

There is a difference meanwhile, how are the conditions of calculating the amount of payment and how it is done.

There are specific agreements between physical and legal persons. In the second case, list of documents for the lease of equipment is less extensive.

In what form is the agreement?

The Law does not prohibit to take the thing for temporary use, not accounting documents. But this concerns only relations of citizens, provided that the transaction amount does not go beyond the limits of 10 thousand rubles.

The Legislation provides for the obligation to conclude an agreement in written form. If you wish, the Treaty will certify the notary. However, enough signatures and seal, if the second party - the organization or individual.

the lease of equipment from an individual sample

The Agreement in oral form is unacceptable for legal entities and individual entrepreneurs. Immediately there are difficulties with reporting to the tax office and insurance funds and payments to data structures.

A Verbal agreement has one unpleasant feature. To bring witnesses to confirm his conclusions or the content of its terms prohibits only evidence serve written or electronic documents, in particular correspondence, the direction of the proposal to conclude an agreement, etc.

Despite this, the lease of equipment between individuals, in practice, is verbally, no one wants to do paperwork. Citizens are not very inclined to believe that the existing document in the future will save them from difficulties.

General list of documents for lease

If the subject of the agreement – transport, enclosed technical data sheet and a document confirming the right of ownership. In the traffic police dealt another copy of the agreement between the parties.

No copies of these documents, if it does not apply to transport, is not critical, pertinent information about the equipment can be written in a text document. It is important to avoid mistakes, otherwise the claims will become difficult.

The Act of acceptance-transfer of property

The Confirmation of the agreement is the act of transferring property. It is compiled as a separate document. Specifying the features of the property, flaws, defects. This is done in order to avoid claims of the lessor in relation to the quality of the returned equipment. The consent of the lessee on receipt of equipment drawbacks confirmed his signature, and defend lessor from the claims of the other party. Put the date and signatures of the parties or their representatives.

The Sample or the form of the contract of lease of equipment is not always mentions the act of transfer and acceptance.

Essential conditions

The material conditions are recognized, the approval of which is required. If the parties do not agree thereon, then the contract is null and void.

contract n equipment rental

In the case of rent, the condition is subject. I.e. the contract partiesspecify: name, type, series, number, other information that are somehow helping to identify it. If in case of dispute, the court finds the description inadequate, the contract is recognized null and void and unenforceable for the participants. In the result the parties to the agreement return to their original position or setting of set-off existing obligations.

Other terms

Characteristic of the lease contract of the hardware between physical persons are prescribed as conditions of timing and price agreement. Sometimes they are generally not affected.

the lease of the equipment blank sample

Both conditions are not relevant to the group is significant. If they are not spelled out fully, or not enough, the court decides on the basis of norms of the law.

In case the price is a bit more complicated, it is necessary to calculate the average rental price of similar equipment in the locality where the contract was concluded. An expertise for the assessment.

Despite the fact that the price and terms are not related to material conditions, their value is large. What can you say about the timing?

Lease Terms

The signing of the agreement is made for the convenience of the parties. The equipment belongs to the category of non-expendable property, and, if the parties have not stipulated the time frame of the agreement, it is considered indefinite.

the lease of equipment from individuals

The act requires the party wishing to terminate the relationship, to inform, within 30 days. The parties to the agreement may prescribe a different mechanism of termination.

Rental property lasts for more than a year. Parties wishing for its prolongation, it is necessary to sign a new agreement.

A Feature of the rental agreement that the tenant sends the other party notice of termination of the agreement in 10 days.

Settlement

The price is a little talked above, the payment can take many forms:

  • Made in one payment or by periodic payments;
  • The tenant sends to the owner of the products manufactured on the equipment;
  • The tenant provides other services to the lessor;
  • The tenant passes the second side of things or property, thus offsetting.

During the year is allowed to change the price not more than 1 times, the change is made with the consent of both parties.

Reasons for early termination of lease

The Grounds of early termination of the contract by fault of the tenant:

  • Is a serious violation of the terms of use of the property;
  • The equipment used for the intended purpose;
  • The equipment is subjected to damage;
  • Ensures repairs, if the obligation imposed on the tenant;
  • Double-payment is not paid.

Early termination by fault of the lessor:

  • The property was not provided in time for use;
  • The lessor creates obstacles in the use of the property;
  • Identified deficiencies that have not been agreed upon conclusion of the agreement, preventing normal use of property;
  • The property was unfit for use.

Samples of the rental agreement of equipment with individuals are formulated in terms of grounds for termination or lopsided or blurry.

Example structure

The Agreement built on a common pattern. The contract for the lease of equipment is no exception. The structure consists of:

  • Date and place of conclusion of the agreement;
  • Information about the parties to the agreement (the passport details of people and names of organizations);
  • The subject of the contract or the property transferred in rent;
  • Rental price and terms of payment;
  • Rights and responsibilities;
  • The liability of the parties to the agreement.
  • Signatures and details (of Bank account).

The Procedure for termination of lease

Termination of the agreement is provided in three ways:

  • Mutual agreement of the parties;
  • Failure of one side, when it is expressly provided by law or contract;
  • Termination of agreement through the courts.

the lease of equipment between individuals

Select the first two options require proper registration. Prepared the document with the wording, leaving no questions, signatures and seals.

A Third option – filing a lawsuit in court when other options are left. The judge does not agree with the claim simply because one of the parties wants to cancel the contract for reasons that are in the document not specified.

If one of the parties - the entrepreneur and the second is a natural person, shall be conducted in the General court of justice (global or regional, depends on the price). If both parties - the individual entrepreneur or commercial organization and are relevant to the business, the claim submitted to arbitration.


Article in other languages:

AR: https://tostpost.com/ar/the-law/714-sample-contract-of-lease-of-equipment-with-an-individual-specific-feat.html

BE: https://tostpost.com/be/zakon/1206-zor-damovy-arendy-abstalyavannya-z-f-z-chnym-tvaram-asabl-vasc-skladan.html

DE: https://tostpost.com/de/das-gesetz/1203-mustervertrag-leasing-ger-te-mit-einer-physischen-person-merkmale-zusa.html

ES: https://tostpost.com/es/la-ley/1208-modelo-de-contrato-de-alquiler-de-equipo-con-una-persona-f-sica-caract.html

HI: https://tostpost.com/hi/the-law/714-sample-contract-of-lease-of-equipment-with-an-individual-specific-feat.html

JA: https://tostpost.com/ja/the-law/713-sample-contract-of-lease-of-equipment-with-an-individual-specific-feat.html

KK: https://tostpost.com/kk/za/1206-shartty-lg-s-zhabdy-tardy-zhal-a-alu-zheke-t-l-a-ru-erekshel-kter-men-.html

PL: https://tostpost.com/pl/prawo/1209-wz-r-umowy-najmu-sprz-tu-z-osob-fizyczn-cechy-sporz-dzenia-i-zalecenia.html

PT: https://tostpost.com/pt/a-lei/1206-modelo-de-contrato-de-loca-o-de-equipamentos-com-a-pessoa-f-sica-carac.html

TR: https://tostpost.com/tr/hukuk/1212-rnek-kira-s-zle-mesi-ekipmanlar-ile-birey-zellikleri-haz-rlanmas-ve-ne.html

UK: https://tostpost.com/uk/zakon/1208-zrazok-dogovoru-orendi-obladnannya-z-f-zichnoyu-osoboyu-osoblivost-skl.html

ZH: https://tostpost.com/zh/the-law/735-sample-contract-of-lease-of-equipment-with-an-individual-specific-feat.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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