Equipment rental agreement form. How to draw up an equipment rental agreement correctly. Free download of equipment rental agreement from an individual

House projects 27.01.2024

House projects

The enterprise does not always have the funds to purchase the necessary equipment.

And then it is rented, the advantage of which is that payment is made for the actual time of operation and allows you to avoid having to raise substantial sums to purchase equipment. You just need to formalize all contractual relationships correctly.

Why do you need to draw up this agreement?

A lease agreement is an agreement under which the lessor must transfer some property to the lessee on condition of payment and repayment. This property is transferred to the tenant for temporary use, the terms of which are determined in the agreement.

Despite the fact that the Civil Code of the Russian Federation allows any agreement between the parties to be concluded, both orally and in writing, its Article 609 of the Code directly states that lease contract must be in writing if:

at least one of the parties is a legal entity (regardless of the period for which the agreement is concluded);
the contract term exceeds 1 year.

As a rule, in practice, an equipment rental agreement is concluded in writing, regardless of the legal form of the parties to the transaction and the duration of the agreement. And for this there is many reasons, except as provided by law, in particular:

there is a transfer of expensive property;
Many conditions are stipulated that require documentation. For example, conditions regarding equipment repair, payment terms, etc.
both participants want to protect themselves from risks that are possible in the event of actions or inaction of one of the parties to the transaction or third parties, etc.

In addition, there are types of equipment lease agreements in which a written form is required in any case, in particular, either a financial lease or a free lease agreement. These two types of contracts require a special approach to drafting.

General content

A regular lease agreement (without specific conditions) is drawn up in writing, in 2 copies.

The agreement can be drawn up for any period. And since equipment is movable property, an agreement for a period longer than one year is not registered. If the contract does not contain a validity period, then such relations are considered to be concluded for an indefinite period.

The signing of the agreement is carried out by persons acting as representatives of the parties to the transaction. For example, if one of the parties to the contract is entity, then the document is signed either by the head of the company, acting without, or by another person entitled to sign such documents. But in this case, it will be necessary to indicate in the text of the agreement the details of the document giving the specified right.

If one of the parties acts individual, That:

if this is an entrepreneur, he signs the agreement himself. And the text of the document indicates his TIN, passport data, registration address, his current account (if any);
if this is an ordinary citizen, the text of the contract indicates his TIN, passport details, and registration address. Very often in such agreements, lessee companies indicate that they are not tax agents in relation to the lessor.

If you have not yet registered an organization, then easiest way This can be done using online services that will help you generate all the necessary documents for free: If you already have an organization and you are thinking about how to simplify and automate accounting and reporting, then the following online services will come to the rescue and will completely replace an accountant at your enterprise and will save a lot of money and time. All reporting is generated automatically, signed electronically and sent automatically online. It is ideal for individual entrepreneurs or LLCs on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it has become!

Required items

Essential condition the lease agreement is:

detailed description of the subject of the agreement. Those. The property being leased must be described. Without this clause, the contract is considered not concluded;
rent. If the lease agreement does not provide for payment of rent, i.e. free of charge, this should be clear from its text and title.

Additional contractual terms are considered:

frequency, procedure and terms of payment of rent;
the period during which the contract is valid;
equipment maintenance responsibilities;
the procedure for acceptance and transfer of this asset;
conditions for termination of the contract;
rights and obligations of both parties, including sublease of equipment;
ownership of separable and inseparable improvements.

Other conditions may be provided for by the type of lease agreement or the nature of the transaction itself. For example, the text may specify the procedure for transporting equipment to the place of its operation; its installation, and other similar conditions.

Specifics of the equipment leasing agreement

IN leasing agreement It is necessary to clearly indicate who should select the property for purchase and the seller from whom the property is purchased:

it could be a tenant. But then the landlord does not bear any responsibility;
or the landlord. Then, if the tenant does not receive the property under the leasing agreement within the specified period, the tenant has the right to demand reimbursement of his expenses and terminate the agreement. But this is only possible if the delay was due to the fault of the lessor.

It is also required in the leasing agreement must be reflected:

subject of the contract. Data must be provided that allows one to accurately identify the leased item with the property that is to be purchased and transferred to the lessee. The absence of such details means that no agreement has been reached on an essential term of the contract, even if it has been signed. This means that the contract has not been concluded;
the amount of leasing payments, their frequency and method of payment;
the possibility, timing and procedure for changing the amount of leasing payments;
transfer of ownership of property to the lessee. This is possible both at the end of the contract period and before that moment. Based on this condition, it will be determined when the lessee acquires the right to accrue accelerated depreciation for tax purposes;
the duration of the contract itself.

The remaining terms of the leasing agreement are determined in accordance with the Federal Law “On Financial Leasing” No. 164-FZ, dated October 29, 1998.

To learn about the need to register different types of lease agreements, see the following video:

Specifics of the free equipment rental agreement

Otherwise this agreement is called free use agreement. The peculiarity of this document is that payment for the rental of property is not provided, but:

under this agreement, the tenant will have to return the property at the end of the contract in the condition in which it was transferred, taking into account its actual wear and tear;
the contract must indicate which party assumes the burden of maintaining the property, including the costs of its repairs (current and major, if necessary);
If the agreement specifies compensation by the tenant for expenses that the lessor will incur in connection with the maintenance of the property, then the lessor runs the risk of paying from these amounts (). But the expenses that the tenant pays out of his own pocket for the use of equipment by others are not included in the lessor’s income, since these expenses are paid by the tenant in his own interests. Those. for the purposes of your business activities.

Features of renting premises along with equipment

Very often, equipment is received for temporary use along with the premises. This is possible if a cafe, store, workshop or other similar facility is rented. Such an agreement is called lease of the enterprise.

In this case, the enterprise is leased as a property complex, which includes land, buildings, equipment, materials and other assets, including intangible ones. This agreement is subject to mandatory state registration. Violation of this condition makes the agreement invalid. From the moment the document is registered, the agreement comes into force.

The leased enterprise is transferred to the lessee under a transfer deed, the drafting of which is usually the responsibility of the lessor. And in the event of the return of the enterprise after the expiration of the contract, the execution of the specified act becomes the responsibility of the tenant.

Claim under these types of agreements

Both parties may have a claim under the lease agreement.

For example, from the lessor - in relation to the maintenance of the property leased by him, delays in payments, etc. Filing a claim is a form of a problem that has arisen.

For a claim to have an impact, it must be drafted correctly. Therefore, they either entrust its drafting to lawyers or do it themselves. In this case, the lawyers themselves recommend:

the claim must refer to the clauses of the contract that were violated, and to regulations that were also violated and give the right to one of the parties to certain actions;
must be drawn up in detail with a description of the violations;
must contain a requirement to eliminate identified violations and an indication of the consequences if the violator does not begin to act within the framework of the concluded agreement;
the claim is transferred either by mail with notification, or through a courier service with a note of acceptance, or in person with a note of registration of the document with the person to whom it is addressed.

Handover process

This process occurs with mandatory preparation. Moreover, the document is drawn up both at the time of transfer of property to the tenant and at the time of its return to the lessor. These are two different documents. But each of them is drawn up in any form, necessarily in two copies, and serves as the basis for the lessee to accept the asset for off-balance sheet accounting and its subsequent write-off from this accounting.

In the act, both when transferring equipment to the lessee, and when returning this property back to the lessor, there must be described in detail:

the equipment itself – its model, name, etc.
its technical condition, absence of defects;
in what quantity it is transmitted;
about the presence of all its constituent elements.

Technical documentation for the equipment must be attached to the act. Inspection of the equipment, both when it is leased and when it is returned, must be carried out only by a specialist and in the presence of both parties to the contract. Then no one will have any complaints.

The different types of lease agreements are described in this video lesson:

Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Landlord", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Tenant", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor undertakes to provide for temporary use, and the Lessee - to accept, pay for use and promptly return technical equipment in good condition, taking into account normal wear and tear, in accordance with the nomenclature attached to the agreement and being an integral part of it, accompanied by technical documentation (hereinafter referred to as the equipment). Products and income received by the Lessee as a result of the use of leased equipment are the property of the Lessee.

1.2. At the time of conclusion of the agreement, the equipment leased belongs to the Lessor on the right of ownership, which is confirmed by “” 2019, is not mortgaged or seized, and is not the subject of claims by third parties.

1.3. The equipment being leased is in good condition and meets the requirements for this type of equipment in accordance with the purpose of the leased facility.

1.4. Without the consent of the Lessor, the specified equipment cannot be subleased or used by the Lessee to other persons.

1.5. The lessor has the right to demand termination of the contract and compensation for losses in cases where he establishes facts of use of the equipment not in accordance with the terms of the lease agreement or its purpose.

1.6. The Lessor is responsible for the shortcomings of the equipment leased by him under the agreement, which completely or partially prevent the use of it, despite the fact that when renting it out (or when concluding the agreement), the Lessor may not have been aware of the presence of these shortcomings.

1.7. In cases of a significant violation by the Tenant of the procedure for making rent (payment terms) established by the agreement, the Lessor may require the Tenant to pay the rent early within the period established by the Lessor, but not more than for two periods of scheduled payments in a row.

1.8. The parties determined that the Tenant, who has properly fulfilled his obligations under the agreement, ceteris paribus, enjoys a preferential right to conclude a lease agreement for a new term upon expiration of this agreement.

1.9. The agreement is considered concluded from the moment it is signed by the parties and the equipment is transferred to the Lessee according to the acceptance certificate. The acceptance certificate indicates accessories and spare parts of equipment, keys, documents, etc.

2. PROCEDURE FOR PROVIDING AND RETURNING EQUIPMENT

2.1. Equipment is provided for a period of time. The Tenant has the right to extend the rental period by , which he must notify the Lessor of no later than days before the end of the rental period.

2.2. The lessor is obliged to provide the equipment in good condition, complete, with the devices checked and a mark indicating their compliance with technical parameters.

2.3. The tenant assigns a representative to receive and return the equipment, who checks its good condition and completeness.

2.4. The Tenant's representative signs an obligation to return the equipment. The equipment is issued after the Lessor receives the Lessee's obligation to return the equipment and the paid invoice for the first quarter.

2.5. The Lessor is obliged to provide the Lessee with the necessary information, technical documentation, and, if necessary, send its specialist for training and familiarization with the rules of technical operation of the equipment.

2.6. In the event of equipment failure for reasons beyond the Lessee's control, the Lessor is obliged to repair the breakdown within a short period of time or replace the failed item with a serviceable one. This case is certified by a bilateral act. For the time during which the Tenant was unable to use the equipment due to its failure, no rent will be charged and the rental period will be extended accordingly.

2.7. If the equipment fails due to improper use or storage by the Lessee, the Lessee shall repair or replace it at its own expense.

2.8. The Lessee is obliged to remove the equipment from the Lessor's warehouse and return it on his own and at his own expense.

2.9. The lessee does not have the right to sublease the leased equipment, for free use, transfer its rights and obligations under the agreement to third parties, or pledge rental rights.

2.10. The lessee has the right to return the equipment early. The Lessor is obliged to accept the equipment returned ahead of schedule and return to the Lessee the corresponding part of the rent received, calculated from the day following the day of actual return of the equipment.

2.11. The period of rental of equipment is calculated from the day following the date of receipt of its receipt.

2.12. When returning the equipment, its completeness is checked and technically inspected in the presence of the Lessee. In case of incompleteness or malfunction, a bilateral act is drawn up, which serves as the basis for making claims. If the Tenant refused to sign the act, an appropriate note is made about this in the act, which is drawn up with the participation of a competent representative of an independent organization.

3. CALCULATIONS

3.1. The rental fee for equipment is rubles quarterly.

3.2. The Lessor issues an invoice to the Lessee, which the latter must pay within days.

4. SANCTIONS

4.1. For late payment of rent within the period established by the contract, the Tenant shall pay the Lessor a penalty in the amount of % of the debt amount for each day of delay.

4.2. For delay in provision of equipment within the time period established by the order, the Lessor shall pay the Tenant a penalty in the amount of % for each day of delay, and for a delay of more than days - an additional offset penalty in the amount of % of the rental cost.

4.3. For delay in returning the equipment or components included in the kit within the time period established by the order, the Tenant shall pay the Lessor a penalty in the amount of % for each day of delay, and if the delay is more than days, an additional offset penalty in the amount of % of the cost of the equipment not returned on time.

4.4. If the equipment is not returned within days from the date of expiration of the period of use, the Tenant shall pay the Lessor a multiple of the cost of this equipment.

4.5. When returning faulty equipment damaged due to the Tenant's fault, as confirmed by a bilateral act, he shall pay the Lessor the costs of its repair and a fine in the amount of % of the cost of the damaged equipment. If upon return of the equipment it is determined that it is incomplete, the Lessee shall reimburse the Lessor for the actual costs of purchasing the missing parts of the equipment and a fine in the amount of % of the cost of the missing parts.

4.6. For transferring equipment for use to other persons without the written permission of the Lessor, the Lessee shall pay the Lessor a fine in the amount of % of the cost of the equipment.

5. FORCE MAJEURE

5.1. Neither party is liable to the other party for failure to fulfill obligations due to circumstances that arose against the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.

5.2. A party that cannot fulfill its obligation must notify the other party of the obstacle and its impact on the fulfillment of obligations under the contract within a reasonable time.

6. FINAL PART

6.1. In all other respects not provided for by the terms of the contract, the parties are guided by the current legislation of the Russian Federation.

March 29th, 2017 Galina Kurchenko

8-916-252-57-10 Bukh. services

Free download of equipment rental agreement from an individual

All legal aspects of a lease agreement from an individual are regulated by the Civil Code, Chapter 34 Lease. In practice, most often there are cases when an individual leases various equipment for commercial use by a legal entity. Such relationships must be secured in a lease agreement, which spells out all the main provisions of the interested parties. The main provisions of the contract are: the subject of the lease, the lease term, the monthly cost of the leased equipment, the conditions for the transfer of equipment, the duration of the contract. If the list of equipment is too large, you can draw up Appendix No. 1 with a list of equipment to the rental agreement. It is also possible in the contract to provide for cases of equipment damage, its failure due to the tenant’s fault, and conditions for reimbursement of the cost of damaged equipment. Therefore, when a list of equipment to be leased is compiled, it is necessary to indicate the market value of each piece of equipment in order to eliminate in the future any disputes and disagreements regarding compensation for the cost of damaged equipment by the lessee.

You can watch a video lesson on accounting for equipment rental in the 1C Accounting 8.3 program

Download free equipment rental agreement in word format