Rent directly?
The lease is entered into under the terms and conditions set forth below, unless otherwise agreed to by the parties in writing. The lessee confirms to know and accept these terms and conditions. Acceptance of these general conditions also implies that the lessee completely renounces the application of his own general conditions.
The rental commences from the day on which the equipment is made available to the renter, or to the carrier appointed by the renter.
The rental ends on the day of return of this equipment to the lessor’s depot, regardless of whether the lessee returns the rented equipment himself or the rented equipment is signed out by the lessee and then picked up by the lessor.
Failure to pick up rented materials on the agreed date at the start of the rental period, in no way implies that the lessee is not obliged to pay compensation corresponding to the agreed duration of the rental agreement, or in the absence of an end date, compensation corresponding to the actual damage suffered by the lessor.
The cancellation of the rented equipment, with a view to the collection of the rented equipment by the lessor, is only possible on weekdays between 08:00 and 17:00. The cancellation must be communicated by telephone and confirmed in writing by the lessee. The written confirmation must clearly state the place of collection and the description of the rented materials to be collected if it concerns a partial cancellation. It must also mention the name and telephone number of the contact person at the collection location. After cancellation, the rented material may not be used any further.
Pending collection of the rented equipment by the lessor, the equipment must be secured by the lessee against theft and vandalism. I.e. the lessee must ensure that the material is always stored in a locked place. In the absence of a locked place in the vicinity, the lessee should provide all possible safety measures so that the rented equipment cannot be stolen or damaged by vandalism. The risk of disappearance due to theft or damage rests with the lessee until the moment of collection.
The landlord has the option to terminate the lease where no end date has been agreed upon by registered letter of notice. The agreement is terminated 7 days after the postal date of the registered termination letter. On the day of termination of the agreement, the rented materials must be returned by the lessee to the lessor’s depot. Failing this, the lessor has the right to pick up the rented materials himself at the place where the materials are
stored, without his having to give notice to the tenant or without judicial authorization. The associated costs of retrieval and loss of income during the period between termination and collection will be charged to the lessee by the lessor.
The lease shall be deemed terminated in the event of:
– Failure or disappearance of the tenant’s legal entity;
– Serious fault or failure on the part of the tenant;
– Violation of general rental conditions;
– Failure to meet payment obligations.
Unless the lessee voluntarily returns the property, the lessor shall have the right to recover the rented materials from the place where the materials are stored without any demand or judicial authorization. The lessee is also obliged to pay the remaining rental price (until the scheduled end of the contract), as well as any material damage to the rented material and loss of income during the period of repair or replacement, plus liquidated damages corresponding to the rental price of the material in question for 14 days. If in reality the lessor’s damages are even higher, the liquidated damages may be increased to the actual damages suffered by the lessor.
The rental rates are valid from January 1, 2011 and are subject to change with prior written notice to the tenant at least one week before they take effect.
Statements on illustrations, brochures, catalogs, drawings, models, etc. are informative and not binding.
Except for deviations in the rental agreement, the rental price is charged per started day. The rented equipment must be returned to the lessor at the end of the rental before 09:00 in the morning, otherwise the started rental day will also be charged. The cancellation of the rented material (for the purpose of collection by the lessor) before 09:00 in the morning does not imply that the corresponding consecutive day may no longer be charged.
Rental rates are for maximum use of 8 working hours per day. The lessor reserves the right to charge one eighth of the daily price supplementally per overtime. An exception to the rule is the use of power groups 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 rent reduction will be granted if the rented equipment is used for less than the predetermined 8 maximum hours.
One week will be 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 will be charged. Weekend rentals are charged at the same terms.
A deposit or advance payment is payable in advance. The amount of the deposit or down payment will be determined by the landlord and will depend on the property rented and/or the pre-anticipated
It never gives the right to interest. The amount of the deposit can in no way be regarded as an advance on the rent. The deposit is returned by the landlord to the tenant at the time when the tenant has apparently fulfilled all his obligations under the rental agreement. The return of the security deposit in no way implies that the landlord is waiving any right or claim.
The rented equipment is delivered with full fuel tank. Fuel consumption during the use of the rented equipment is not included in the rental price and is the responsibility of the renter. The renter must return the rented equipment with a full fuel tank at the end of the rental. Failing this, the lessor has the right to charge the cost of fuel of 1 full tank to the lessee.
Transportation to and from delivery address and/or loading and unloading, is always at the expense and responsibility of the lessee. On request, the lessee can request to have the transport done by the lessor. The cost of this transport will be charged by the lessor to the lessee. Prices apply departure from our depot. Waiting times for loading and unloading are charged at €60/hour and for a crane truck at €85/hour.
The rent is payable in cash at the landlord’s office. Invoices that are not disputed by registered letter within a week of being sent are deemed to have been accepted by the tenant. In case of non-payment of the invoices within the stipulated period, an interest of 1% per month on the unpaid invoice amount will be due legally and without prior notice. A fixed compensation of 10% of the outstanding amount, with a minimum of 200 €, shall also be payable by operation of law and without prior notice of default.
Stated sizes, weights and other specifications of the rented materials when ordered shall not be binding or determinative under the rental agreement unless expressly agreed upon when ordering.
The lessor should also not estimate whether the leased materials are suitable for the performance of the work for which the lessee will use the leased materials.
Orders are valid only after written confirmation.
The delivery time which would have been indicated by the lessor is always non-binding. If delivery is made by the lessor, the requested time of delivery is not binding. The lessor is not responsible for any delays of any kind. These delays do not give the lessee the right to cancel the rental or claim damages.
The lessee must ensure that he himself or an appointee can take delivery of the rented materials at the agreed time of delivery and at the agreed place of delivery. If no one is present at that time, the lessee authorizes the
lessor to store the rented materials at the place of delivery or, if this is not possible, on the public road near the delivery address. However, the risk of damage always rests with the lessee. In case of damage to the rented materials, the lessee also bears the burden of proof that the damage was already present at the time of delivery.
If the lessee or his appointees are not present at the time of delivery, the lessor also reserves the right to also take back the rented materials and charge a transportation cost for this.
The goods are delivered to the renter in perfect condition with fuel. Any visible defect or deficiency in the operation of the rented equipment must, upon delivery, be immediately reported verbally and in writing (by fa, or mail) to the lessor. Failing this, it is considered that the renter has received the goods in perfect condition and proper functioning. The renter must return the goods in the same condition, except for normal wear and tear. Any cleaning costs are the responsibility of the renter.
Supplied spare parts only serve as service for the lessee and will be charged as delivered and sold goods when used. 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 accessories or spare parts in question after the waiting period.
The lessor remains the owner of the rented materials. Ownership, except by express written agreement, is never transferred to the renter. Any failure to return rented property will be considered an abuse of trust and will be prosecuted by the Criminal Court.
The lessee is obliged to immediately notify the lessor of any change in his corporate form, seat, activities, as well as any failure of the lessee’s legal entity. The lessee shall also immediately notify if third-party creditors have attached the leased materials or if the materials are the subject of a judicial attachment. In this case, the lessee shall also notify the creditors/curator of the lease and the lessor’s retention of title.
Damage caused to the rented goods during the rental period are the full responsibility of the renter (including theft and vandalism). The lessee is obliged to compensate the lessor for the damage caused to the material as a result of damage, destruction, loss or disappearance. The loss consists of the repair of the material damage (including the loss value), the replacement of the destroyed or disappeared material, as well as all harmful consequences resulting from the damage, the destruction or disappearance of the rented material. In this case, the lessee will also be responsible for the loss of rental income from the moment the damage occurred until the moment when the material (or the replacement material) can be used again for the following purposes
rental. The lessee will not be able to invoke fault of third parties or force majeure against the lessor. The renter is obliged to properly insure the rented property for all possible risks and should hereby explicitly mention the lessor as co-insured.
The lessee will also be liable for all damages caused to third parties. The lessee will indemnify and hold the lessor harmless if he is sued by third parties due to damages caused by the rented equipment during the rental period of the lessee.
The renter is responsible for any risk and liability arising from the transport of the rented equipment if this transport is carried out by the renter himself. The renter declares to be aware of the specifications (weight, size, …) of the rented material and is responsible for the correct compliance with the applicable highway code and regulations concerning the transport of the rented materials.
At all times, the lessee is obliged to notify the lessor of any damage, destruction or disappearance of the delivered objects within the shortest possible period of time.
The lessor is entitled to check the use and condition of the leased goods at any time. For this purpose, the lessee is obliged to communicate to the lessor at all times and on its own initiative the place where the goods can be checked.
Subletting, unuse, misuse, use contrary to the instructions for use and observed damage shall entitle the lessor, ipso jure and without prior notice of default, to consider the rental contract terminated with immediate effect, and to take back the goods immediately without prejudice to the right to compensation.
Return by the lessor does not imply acceptance of all damages or defects to the rented materials caused by the lessee during the rental period, and does not exclude a claim for damages. The lessor has a period of five working days to examine the goods on their return for visible defects and to invite the lessee for a contradictory assessment of the damage. If the lessee does not exercise this right, he thereby tacitly and irrevocably accepts the described damage. The lessor is hereafter entitled to proceed to replacement or repair in order to remedy the damage. The cost price (including loss of income and all harmful consequences) will then be notified by the lessor to the lessee, who will have to compensate the damage.
The renter agrees to manage the rented goods like a good housekeeper and at all times inform the landlord of periodic maintenance. The renter will 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 perform daily maintenance is the responsibility of the lessee.
Before using it, the renter must ensure that he has sufficient knowledge to use and maintain the rented equipment as a good steward. The lessee
declares that at the beginning of the rental agreement sufficient information was given by the lessor to enable him to use and maintain the rented equipment with due diligence. If the lessee is uncertain about the use and maintenance of the rented equipment, he should contact the lessor without delay in order to ascertain the proper use and maintenance of the rented equipment. The lessee cannot claim the lack of knowledge and skill on his part against the lessor in case of any kind of damage.
Deprivation costs due to wrong or damaging use of the rented equipment and/or use of contaminated or wrong fuel is the responsibility of the renter.
Maintenance notices are always given by the tenant to the landlord by telephone or in writing.
Major maintenance, repairs to leased goods and legally required checks (inspections) may only be carried out by the lessor’s personnel, or by an authorized repairer appointed by him. Damage caused by delay or standstill as well as loss of turnover and/or profit due to non-use during maintenance/repairs/inspection cannot be charged to the lessor. Loss of time and use shall not give any right to price reduction or compensation.
The lessor shall endeavor to provide an appropriate solution within a reasonable time after notification of a breakdown, either by repair or exchange of the leased property.
Complaints regarding the rented equipment (other than visible defects upon delivery of the rented equipment at the beginning of the rental period) must, under penalty of lapse, be communicated to the lessor by registered letter, in detail and stating reasons, within five days.
It is forbidden to use the rented goods in the presence of fertilizers, acids, salts or caustic products. Damage caused by these applications will be charged to the renter after repair.
For the safety of 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 renter is not allowed to borrow the rented material or allow it to be used by third parties.
The rented equipment may only be used on Belgian territory. Subject to the written agreement of the lessor, the rented material may not be taken outside the Belgian borders.
The customer has the right to terminate the contract before the expiration of the agreed term subject to payment of a termination fee equal to 50% of the fees that would have remained due during the normal remaining contract term.
As a mutual guarantee and commitment to the speedy settlement of disputes by arbitration, the B.A.I. 1Belgian Arbitration Institute) has been entrusted with the appointment of arbitrators, who will have final jurisdiction over any dispute in accordance with its operating rules, which can be obtained free of charge from the B. A. I. Lieve Bauwensstraat 20 at 8200 Bruges (tel 050/32 35 95 and fax 050/31 37 34). This clause forms an integral part of the conditions of sale and replaces all conflicting jurisdiction clauses.
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