Rent directly?
The rental is entered into under the conditions stated below, unless otherwise agreed in writing between the parties. The lessee confirms that they are aware of and accept these conditions. If the lessee refers to other terms and conditions in their offer or other correspondence, the applicability thereof is expressly rejected. Any conflicting provision in such other terms and conditions shall not affect the foregoing. The lessee with whom a contract has once been concluded under these conditions agrees to their applicability to later agreements between them and the lessor.
The rental starts from the day on which the equipment is made available to the lessee, or to the carrier appointed by the lessee. The rental ends on the day on which this equipment returns to the lessor’s depot, regardless of whether the lessee returns the rented equipment themselves, or the rented equipment is reported as ready for collection by the lessee and subsequently collected by the lessor. If the lessee does not take delivery of the rented/reserved goods at the agreed time and for the agreed rental period, they are nevertheless obliged to pay the full rental price. Without prejudice to the foregoing, the lessee may cancel the reservation in writing before the time of availability. In that case, however, the lessee shall owe the following compensation:
60% of the net order amount if the cancellation takes place between the 59th and 30th day before the time at which the goods would have been made available. 70% of the net order amount in the event of cancellation between the 29th and the 10th day before the aforementioned time. 80% of the net order amount in the event of cancellation after the 10th day before the aforementioned time.
Reporting the rented equipment as ready for collection, with a view to collection of the rented equipment by the lessor, can only be done on weekdays between 08:00 and 17:00. The notification must be communicated by telephone or by email and confirmed in writing by the lessee. The written confirmation must clearly state the place of collection and the description of the rented equipment to be collected, if it concerns a partial notification. The name and telephone number of the contact person at the collection location must also be stated. After notification, the rented equipment may no longer be used. Pending collection of the rented equipment by the lessor, the equipment must be protected by the lessee against theft and vandalism. This means that the lessee is responsible for ensuring that the equipment is always stored locked in a secured location. In the absence of a secured location nearby, the lessee must provide all possible safety measures to ensure that the rented equipment cannot be stolen or damaged by vandalism. Non-registered rented goods may never be used or placed in a publicly accessible place, failing which any towing costs and/or fines shall be borne by the lessee. The risk of disappearance due to theft or damage rests with the lessee until the time of collection. The lessor has the possibility to terminate the rental agreement, for which no end date has been agreed, by registered letter of termination. The agreement shall end 7 days after the postal date of the registered letter of termination. On the day of termination of the agreement, the rented equipment must be returned by the lessee to the lessor’s depot. Failing this, the lessor has the right to collect the rented equipment themselves from the place where the equipment is stored, without having to give the lessee prior notice or obtain judicial authorisation. The related costs of collection and loss of income during the period between termination and collection shall be charged by the lessor to the lessee.
The rental agreement shall be deemed terminated in the event of:
– Bankruptcy, liquidation or dissolution of the lessee’s legal entity;
– Serious fault or breach on the part of the lessee;
– Breach of the general rental conditions;
– Failure to comply with payment obligations.
Unless the lessee voluntarily returns the goods, in the event of termination of the rental agreement, the lessor has the right to collect the rented equipment without notice or judicial authorisation from the place where the equipment is stored. The lessee is also obliged to pay the remaining rental price until the planned end date of the agreement, as well as any material damage to the rented equipment and loss of income during the period of repair or replacement, increased by a fixed compensation corresponding to the rental price of the equipment concerned for 14 days. If the lessor’s actual damage is higher, the fixed compensation may be increased to the actual damage suffered by the lessor.
The rental rates are valid from 1 January 2023 and may be changed, subject to prior written notice to the lessee at least one week before the entry into force. Statements on illustrations, brochures, catalogues, drawings, models, etc. are informative and not binding. Unless otherwise stipulated in the rental agreement, the rental price is charged per started day. At the end of the rental, the rented equipment must be made available again to the lessor before 09:00 in the morning, otherwise the started rental day will also be charged. Notification of the rented equipment as ready for collection by the lessor before 09:00 in the morning does not imply that the relevant started day may no longer be charged.
The rental prices apply for a maximum use of 8 working hours per day. The lessor reserves the right to charge one eighth of the daily price additionally per overtime hour. An exception to this rule is the use of generators 7 days a week and 24 hours a day, for which the special rates apply at the time the rental contract is drawn up. No reduction in the rental price is granted if the rented equipment is used for less than the intended maximum of 8 hours. One week is charged as five days, two weeks as ten days, three weeks as fifteen days; for a full month’s rental, the normally applicable working days are charged. Rental during the weekend is charged under the same conditions. An advance payment or deposit is payable in advance. The amount of the deposit or advance payment shall be determined by the lessor and depends on the rented goods and/or the rental period provided in advance. It never gives entitlement to interest. The amount of the deposit can in no way be regarded as an advance on the rent. The deposit shall be returned by the lessor to the lessee when the lessee has apparently fulfilled all their obligations under the rental agreement. The return of the deposit in no way implies that the lessor waives any right or claim. The rented equipment is delivered with a full fuel tank. Fuel consumption during the use of the rented equipment is not included in the rental price and is borne by the lessee. At the end of the rental, the lessee must return the rented equipment with a full fuel tank. Failing this, the lessor has the right to charge the lessee the cost price of the fuel for one full tank. Transport to and from the delivery address and/or loading and unloading is always at the expense and responsibility of the lessee. Upon request, the lessee may ask for the transport to be carried out by the lessor. The cost price of this transport shall be passed on by the lessor to the lessee. Prices apply from departure from our depot. Waiting times for loading and unloading are charged at €70/hour. The rental price is payable in cash at the lessor’s registered office. Invoices that are not disputed by registered letter within one week after their sending are deemed to have been accepted by the lessee. In the event of non-payment of invoices within the set term, default interest of 1% per month on the unpaid invoice amount shall be due by operation of law and without prior notice of default from the due date. Likewise, a fixed compensation of 10% of the remaining amount due, with a minimum of €250, shall be due by operation of law and without prior notice of default.
Specified dimensions, weights and other specifications of the rented equipment at the time of order are not binding or decisive within the framework of the rental agreement, unless expressly agreed at the time of order. The lessor is also not required to assess whether the rented equipment is suitable for carrying out the work for which the lessee will use the rented equipment. Orders are only valid after written confirmation.
The delivery period, which may have been indicated by the lessor, is always non-binding. If delivery is carried out by the lessor, the requested delivery time is not binding. The lessor is not responsible for any delays of any nature. These delays do not give the lessee the right to terminate the rental or claim compensation. The lessee must ensure that they themselves or an appointed person can receive the rented equipment at the agreed time of delivery and at the agreed delivery location. If no one is present at that time, the lessee authorises the lessor to store the rented equipment at the delivery location or, if this is not possible, on the public road near the delivery address. However, the risk of damage and/or other costs such as towing costs and fines shall always rest with the lessee. In the event of damage to the rented equipment, the lessee also bears the burden of proving that the damage was already present at the time of delivery. If the lessee or their appointed person is not present at the time of delivery, the lessor also reserves the right to take back the rented equipment and charge a transport cost for this. The goods are delivered to the lessee in perfect state of maintenance with fuel. Any visible defect or defect in the operation of the rented equipment must be reported immediately in writing by fax or email to the lessor upon delivery. Failing this, the lessee is deemed to have received the goods in perfect condition and good working order. The lessee must return the goods in the same condition, except for normal wear and tear. Any cleaning costs are borne by the lessee. Supplied spare parts are only intended as a service to the lessee and, when used, are charged as delivered and sold goods. Accessories or spare parts that are missing at the end of the rental agreement are considered delivered and sold goods after a waiting period of 5 working days and will also be charged as such. The lessor reserves the right not to take back the relevant accessories or spare parts after the waiting period.
The lessor remains the owner of the rented equipment. Ownership is never transferred to the lessee, unless expressly agreed in writing. Any failure to return rented goods shall be regarded as theft and/or breach of trust and shall be prosecuted before the Criminal Court and/or the civil court. The lessee is obliged to immediately inform the lessor of any change to their company form, registered office, activities, as well as of bankruptcy, dissolution or liquidation of the lessee’s legal entity. The lessee must also immediately notify the lessor if third-party creditors have seized the rented equipment or if the equipment is the subject of a judicial seizure. In this case, the lessee must also inform the creditors/curator of the rental contract and the lessor’s retention of title.
7.1 – Application of the machinery breakdown scheme: Unless otherwise agreed in writing, the lessee shall be obliged, with every order and/or rental, to subscribe to the machinery breakdown scheme provided by the lessor. The lessee pays 6% for this on top of the total invoiced rental price.
The conditions of the machinery breakdown scheme can be consulted at www.deryckeverhuur.be.
These conditions include a scheme regarding the intervention of the machinery breakdown scheme, exclusions, exemption and the other rights and obligations of the lessee and the lessor.
7.2 – No application of the machinery breakdown scheme: If the machinery breakdown scheme does not apply or the damage is not covered by the machinery breakdown scheme, the following arrangement regarding the lessee’s liability shall apply. Damage caused to the rented goods during the rental period of the goods falls under the full responsibility of the lessee, including theft and vandalism. The lessee is obliged to compensate the lessor for the loss suffered by the lessor as a result of damage, destruction, loss or disappearance of the equipment. The loss consists of the repair of the material damage including depreciation, the replacement of the destroyed or missing equipment, as well as all harmful consequences resulting from the damage, destruction or disappearance of the rented equipment. The lessee is obliged to insure the rented goods against all possible risks and must expressly mention the lessor as co-insured. At all times, the lessee is obliged to inform the lessor within 12 hours of any damage to or destruction of the delivered items. The following email address must be used for this: olivier@deryckeverhuur.be. In the event of disappearance, theft, attempted theft and vandalism, the lessee undertakes to inform the lessor within 12 hours after discovery and also to file a complaint with the competent local authority, stating the circumstances known to them, mentioning the name of the owner-lessor BV DE RYCKE and stating the machine details: brand, type, chassis number and possibly registration plate number if present. The lessor must be provided by the lessee with a copy of the complaint filing document.
Article 7.3 – Common provisions: Loss of use – The lessee must be responsible for the lost rental income from the moment the damage occurred until the moment the equipment or replacement equipment can again be used for rental. The lessee shall not be able to invoke the fault of third parties or force majeure against the lessor. Damage to third parties – The lessee shall be liable for all damage caused to third parties. The lessee shall indemnify and release the lessor if the lessor is held liable by third parties for damage caused by the rented equipment during the lessee’s rental period. Damage during transport – The lessee is responsible for every risk and liability arising from the transport of the rented equipment if this transport is carried out by the lessee themselves. The lessee declares that they are aware of the specifications, weight, size, etc. of the rented equipment and are themselves responsible for correctly complying with the applicable traffic regulations and regulations concerning the transport of the rented equipment.
For machines that are registered as motor vehicles and have insurance coverage in accordance with the WAM legislation (Motor Vehicle Liability Act), the lessor shall charge the lessee an exemption/personal contribution of €500 per claim in which the WAM insurer of the rented motor vehicle must pay compensation to a third party in the context of that claim. If, in such a claim, the driver of the rented motor vehicle is younger than 23 years old or has held their driving licence for less than one year at the time of the claim, an additional exemption of €250 shall be charged to the lessee. The exemption charged by the lessor does not affect the lessee’s obligation to compensate the damage provided for in these general terms and conditions.
The lessor is entitled at any time to inspect the use and condition of the rented goods. To this end, the lessee is obliged at all times and on their own initiative to inform the lessor of the place where the goods can be inspected. Subletting, non-use, misuse, use contrary to the instructions for use and established damage allow the lessor, by operation of law and without prior notice of default, to consider the rental contract terminated with immediate effect, and to immediately repossess the goods without prejudice to the right to compensation. Repossession by the lessor does not imply acceptance of all damage or defects to the rented equipment caused by the lessee during the rental period and does not exclude a claim for compensation. The lessor has a period of ten working days to inspect the goods upon return for visible defects and to invite the lessee for a contradictory assessment of the damage. If the lessee does not make use of this right, they thereby tacitly and irrevocably accept the described damage. The lessor is then entitled to proceed with replacement or repair in order to remedy the damage. The cost including loss of income and all harmful consequences shall subsequently be notified by the lessor to the lessee, who must compensate the damage. The expert assessment carried out by or on behalf of the lessor for the purpose of determining damage, repair and/or maintenance costs to the rented equipment shall be directly borne by the lessee. The lessee agrees in advance that an expert assessment may be carried out at their expense by an expert appointed by the lessor.
The lessee agrees to manage the rented goods as a prudent and responsible person and to keep the lessor informed at all times of periodic maintenance. The lessee shall subject the rented equipment to a daily inspection, such as checking fluids/oils and lubricating the rented equipment. Damage and/or costs resulting from failure to carry out daily maintenance shall be borne by the lessee. Before use, the lessee must ensure that they have sufficient knowledge and meet the legal requirements, including with regard to the driving licence, to use and maintain the rented equipment as a prudent and responsible person. The lessee declares that at the start of the rental agreement sufficient explanations and information were provided by the lessor so that they can use and maintain the rented equipment as a prudent and responsible person. If the lessee is uncertain about the use and maintenance of the rented equipment, they must immediately contact the lessor in order to ensure the correct use and maintenance of the rented equipment. The lessee may not invoke a lack of knowledge or expertise on their part against the lessor in the event of any form of damage. Breakdown costs due to incorrect or damage-causing use of the rented equipment and/or use of contaminated or incorrect fuel shall be borne by the lessee. Maintenance services must always be communicated by the lessee to the lessor by telephone or in writing. Major maintenance, repairs to rented goods and legally required inspections may only be carried out by the lessor’s personnel or by an authorised repairer appointed by them. Delay or downtime damage, nor loss of turnover and/or profit due to non-use during maintenance/repair/inspection, cannot be charged to the lessor. Loss of time and use does not give any right to a price reduction or compensation. The lessor shall try to offer an appropriate solution within a reasonable period after notification of a breakdown, either by repair or by exchange of the rented goods. Complaints regarding the rented equipment, other than visible defects upon delivery of the rented equipment at the start of the rental period, must, under penalty of forfeiture, be communicated to the lessor in a detailed and reasoned manner by registered letter within five days. It is forbidden to use the rented goods in the presence of fertilisers, acids, salts or corrosive products. Damage caused by these applications shall be charged to the lessee after repair. For the safety of the driver and the rented equipment, as well as to prevent damage to third parties, it is absolutely forbidden to smoke in the rented equipment or in the vicinity of rented equipment. The lessee is not permitted to lend the rented equipment or allow it to be used by third parties. The rented equipment may only be used on Belgian territory. Unless the lessor has given written consent, the rented equipment may not be taken outside Belgian national borders.
The liability of the lessor is expressly limited to direct property damage and personal injury to the lessee’s property and persons, caused by a demonstrable defect in the rented goods or by intent or gross negligence on the part of the lessor. The liability of the lessor is also limited to the amount that, where applicable, is paid out under the liability insurance taken out by it in this regard. Liability for other consequential damage and financial loss, by whatever name, including rental/purchase of a replacement item, loss of turnover and/or profit, delay damage and downtime damage, is expressly excluded. The liability of the lessor can never exceed the order amount with a maximum of four rental weeks, unless and insofar as a higher amount is paid out under its insurance in that specific case.
The customer has the right to terminate the agreement before the expiry of the agreed duration, subject to payment of a termination fee equal to 50% of the fees that would still have been due during the normal remaining contract term.
All disputes arising from or relating to this agreement shall be settled by the courts and tribunals of the district where the lessor’s registered office is located. This agreement is governed by Belgian law.
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