General Conditions
Article 1. Applicability
1.1 These general conditions are applicable to all offers and agreements of rental Company A, hereafter to be referred to as supplier, with a counter party hereafter to be referred to as client, as far as none of the parties have given specific written notice of deviations to the conditions.
1.2 In case once the applicability of these conditions have been agreed, they also will be valid to future legal relations between the client and supplier.
1.3 The conditions are also applicable to all agreements between supplier and the client, in case resources from third parties are retained.
Article 2. Offers and agreements
2.1 No rights can be derived from quotations made to the supplier. These quotations are without engagement, unless explicitly mentioned differently.
2.2 The agreement will be effectuated, when and as far as the client has given a written order confirmation.
Article 3. Delivery
3.1 The delivery time given by the supplier is effective as from the following points of time: · As from the day of establishing the agreement;
· As from the day that required data and papers etc. have been received to execute the agreement ;
· As from the day that a possible pre-delivery payment, such as described in the order confirmation, has been received;
3.2 The delivery time is only an indication and can never be regarded as a fatal term, unless this has been agreed otherwise in writing.
3.3 In case of circumstance beyond ones control and circumstances of such a nature that, in all reason, the delivery time can not be met by the supplier, the delivery time shall be extended for the length of the duration of the circumstances.
3.4 In these general conditions we also regard the following as circumstances beyond ones control: strikes, illness of personnel, governmental measures, civil wars, natural disaster and delays in deliveries by suppliers.
3.5 The client is obliged to accept the hired goods at the moment they are delivered as well as when they are put at his disposal according to the agreement.
3.6 The hired goods are considered having been delivered in perfect condition by the supplier, unless stated differently in a written statement at the time of delivery, including the description of detected flaws.
Article 4. Rental price
4.1 Unless explicitly stated otherwise all prices are in Euro and excluding VAT or other charges on behalf of the Government.
4.2 In case of alteration in the agreement or additional work with respect to the agreement, the supplier is entitled to recharge all expense derived to the client. The client will accept and settle these cost if they have been properly listed.
4.3 Unless agreed differently in writing, the transport costs and delivery of goods to the agreed location in The Netherlands will be for expense of the supplier. And Transport and delivery costs outside The Netherlands will be for the expense of the client.
4.4 The supplier is entitled to make use of third parties for the job, which costs will be re-charged to the client in line with the prices stated.
4.5 Expenses charged by e.g. exhibition-grounds for transport or other services on their premises will be for the account of the supplier and will be charged to the supplier without consultation of the client.
Article 5. Payment of invoices
5.1 Invoices will be paid by the client according the payment conditions stated on the invoice. In case payment conditions are not stated as such the invoice needs to be paid in 30 days of the invoice date.
5.2 In case the client falls short of the payment within the stated term, the client will be in neglect and he will need to pay an interest fee of 1% per month, without any official statement of neglect. Tacking in account that a fraction of a month will be considered as a full month.
5.3 The supplier is at all times in his right to require sufficient certainty, within his own judgement, of the clients' solvency. And to postpone own obligations until this has been obtained. In case the client refuses to provide the required certainty, the supplier will be entitled to consider the agreement as annulled, not withstanding the right to claim indemnity for damages, including loss of turnover.
5.4 In case the client continues to be in neglect of the claim for payment, also the costs for all extrajudicial collecting charges will be charged to the client. The height of the collecting charges will be determined according to the tariffs set by the Dutch Order of Advocates.
5.5 Eventual payments made by the client will be allocated to settle interest and expenses, despite the destination stated by the client.
Article 6. Property reservations
6.1 Material rented out by the supplier will at all times remain the property of the supplier. Material which has been provided by means of a sales agreement will remain the property of the supplier until the client has met all conditions stated in the relevant agreement and, within the limits stated by law, in relation with previous agreements between client and supplier, including interest and expenses.
6.2 The supplier is competent to make use of his property reservations and to reclaim properties at all times, when the client does not pay timely, or fails to meet obligations otherwise.
6.3 The client is not allowed to alienate, to pawn, to rent out or to establish a pledge on the material, as long as the property reservations still rest on the material.
Article 7. Liability of the client
7.1 Rental material will fall under the responsibility and liability of the client from the moment they have been delivered until they have been actually collected by the supplier.
7.2 The client is liable for theft, loss or damage of the rental material during this period.
7.3 The client relieves the supplier from all liability, also towards third parties, for any form of damage occurred during use, abuse or ill use of the rental material during the term of lease.
7.4 Possible damage tot the rental material will be compensated by the client at the price of its replacement value. The client needs to be sufficiently insured for this risk at own expense.
7.5 The rental material may only be used for the purpose they have been rented, so stated in the lease agreement. In case the rental material is applied for another purpose than agreed between the client and supplier, the supplier is entitled to end the lease and reclaim the rental material at all times, without prior notification of default.
7.6 Liability in the sense of this article does not release the client of the obligation to fulfil the agreed lease price.
Article 8. Claims and warranty
8.1 The supplier supplies good commercial quality. The supplier guarantees the reliability of the supplied material, unabated the restrictions mentioned in these conditions, if all his instructions towards the use of the material have been strictly considered and followed.
8.2 The client can not make a claim on the performance of the material if, within eight days after the default has been noticed or should have been noticed in all reason, not has been protested to the supplier in writing.
8.3 In case the delivered material is not according the agreement, the supplier gives warranty within his own choice in the sense that he is only liable to repair or replace the material, or to supply the missing material after all. Supplies with a variance of 5% less or more are not regarded as default.
8.4 In case default occurs during the rental period, the supplier will give effort to repair this default, but only within reason and if the default has not occurred by fault of the client. 8.5 Return shipments of the material in order to replace or repair the rental material will take place on the own risk of the client and can only be executed with prior permission of the supplier.
8.6 Claims concerning invoices need to have been made in writing within eight days of invoice receipt.
8.7 In case the client has not claimed within the given timeframe and/or the supplier did not get the opportunity to recover the default, the right to claim will become extinct.
Article 9. Liability supplier
9.1 The liability of the supplier is explicitly limited to the obligations stated in article 8. The supplier is only liable for damage, in case the damage occurred deliberately or to a comparable serious fault of the supplier or one of his subordinates.
9.2 The supplier is not liable for damage to any object, which have been left behind by the client in cupboards, display cabinets, desks and other rental material.
9.3 In case that there rests any liability with the supplier, determined by law, this is limited to the settlement value of the insurance, as far as this is covered by the suppliers liability insurance.
9.4 In case the damage is not covered by the insurance, the liability of the supplier is limited to two times the value of the agreement.
9.5 The supplier is never liable for consequential.
9.6 All liability exclusions mentioned in this article are also applicable to third parties, whom has been appointed to the assignment by the supplier to fulfil the agreement.
9.7 The supplier is not liable in case the shortfall is due to circumstance beyond one's control.
Article 10. Annulment and expiration
10.1 The client is entitled to cancel an order, in case this has been notified in writing at least three day before the lease term commences and provided that the material have not already been delivered at the agreed location.
10.2 In case the client has cancelled the order prior to the three days before the lease term commences, however the material has been delivered, the client is liable for 50% of the total rental value. Unabated the right of the supplier to claim indemnity for damage and other costs.
10.3 Unabated that which is prior stated in these conditions, the agreement will be annulled without juridical interference but by means of a written statement, at the very moment the supplier is declared bankrupt. Or if the supplier requests a temporary suspension of payment or in case of seizure, custodial care, or if by execution of the law dept purge a natural person or otherwise loses his dispositive power, unless the custodian or trustee acknowledges the obligations resulting from this agreement.
10.4 Due to the expiration all outstanding claims between both parties become immediate claimable. The client is liable for damages to the supplier suffered from this, including loss of turnover and transport costs.
Article 11. Termination
11.1 The agreement terminates as soon as the lease term is expired. The client is obliged to return the material in a correct manner to the location of delivery, after notification concerning the moment of returning the material.
11.2 Rented material, is deemed to be returned in the possession of the supplier within 24 hours of the expiration of the lease term.
11.3 In case, the supplier is not able to receive the material after the lease term has been expired, the client is obliged to return the material carriage paid without delay.
Article 12. Dispute resolution and compliance with laws
12.1 All agreements compliant to these conditions comply with Dutch law.
12.2 Each dispute between supplier and client, resulting from an agreement and compliant to these conditions, will be referred to the qualified representative of the law of the district where the supplier is situated, despite his right to refer to any other qualified judge.
Article 1. Applicability
1.1 These general conditions are applicable to all offers and agreements of rental Company A, hereafter to be referred to as supplier, with a counter party hereafter to be referred to as client, as far as none of the parties have given specific written notice of deviations to the conditions.
1.2 In case once the applicability of these conditions have been agreed, they also will be valid to future legal relations between the client and supplier.
1.3 The conditions are also applicable to all agreements between supplier and the client, in case resources from third parties are retained.
Article 2. Offers and agreements
2.1 No rights can be derived from quotations made to the supplier. These quotations are without engagement, unless explicitly mentioned differently.
2.2 The agreement will be effectuated, when and as far as the client has given a written order confirmation.
Article 3. Delivery
3.1 The delivery time given by the supplier is effective as from the following points of time: · As from the day of establishing the agreement;
· As from the day that required data and papers etc. have been received to execute the agreement ;
· As from the day that a possible pre-delivery payment, such as described in the order confirmation, has been received;
3.2 The delivery time is only an indication and can never be regarded as a fatal term, unless this has been agreed otherwise in writing.
3.3 In case of circumstance beyond ones control and circumstances of such a nature that, in all reason, the delivery time can not be met by the supplier, the delivery time shall be extended for the length of the duration of the circumstances.
3.4 In these general conditions we also regard the following as circumstances beyond ones control: strikes, illness of personnel, governmental measures, civil wars, natural disaster and delays in deliveries by suppliers.
3.5 The client is obliged to accept the hired goods at the moment they are delivered as well as when they are put at his disposal according to the agreement.
3.6 The hired goods are considered having been delivered in perfect condition by the supplier, unless stated differently in a written statement at the time of delivery, including the description of detected flaws.
Article 4. Rental price
4.1 Unless explicitly stated otherwise all prices are in Euro and excluding VAT or other charges on behalf of the Government.
4.2 In case of alteration in the agreement or additional work with respect to the agreement, the supplier is entitled to recharge all expense derived to the client. The client will accept and settle these cost if they have been properly listed.
4.3 Unless agreed differently in writing, the transport costs and delivery of goods to the agreed location in The Netherlands will be for expense of the supplier. And Transport and delivery costs outside The Netherlands will be for the expense of the client.
4.4 The supplier is entitled to make use of third parties for the job, which costs will be re-charged to the client in line with the prices stated.
4.5 Expenses charged by e.g. exhibition-grounds for transport or other services on their premises will be for the account of the supplier and will be charged to the supplier without consultation of the client.
Article 5. Payment of invoices
5.1 Invoices will be paid by the client according the payment conditions stated on the invoice. In case payment conditions are not stated as such the invoice needs to be paid in 30 days of the invoice date.
5.2 In case the client falls short of the payment within the stated term, the client will be in neglect and he will need to pay an interest fee of 1% per month, without any official statement of neglect. Tacking in account that a fraction of a month will be considered as a full month.
5.3 The supplier is at all times in his right to require sufficient certainty, within his own judgement, of the clients' solvency. And to postpone own obligations until this has been obtained. In case the client refuses to provide the required certainty, the supplier will be entitled to consider the agreement as annulled, not withstanding the right to claim indemnity for damages, including loss of turnover.
5.4 In case the client continues to be in neglect of the claim for payment, also the costs for all extrajudicial collecting charges will be charged to the client. The height of the collecting charges will be determined according to the tariffs set by the Dutch Order of Advocates.
5.5 Eventual payments made by the client will be allocated to settle interest and expenses, despite the destination stated by the client.
Article 6. Property reservations
6.1 Material rented out by the supplier will at all times remain the property of the supplier. Material which has been provided by means of a sales agreement will remain the property of the supplier until the client has met all conditions stated in the relevant agreement and, within the limits stated by law, in relation with previous agreements between client and supplier, including interest and expenses.
6.2 The supplier is competent to make use of his property reservations and to reclaim properties at all times, when the client does not pay timely, or fails to meet obligations otherwise.
6.3 The client is not allowed to alienate, to pawn, to rent out or to establish a pledge on the material, as long as the property reservations still rest on the material.
Article 7. Liability of the client
7.1 Rental material will fall under the responsibility and liability of the client from the moment they have been delivered until they have been actually collected by the supplier.
7.2 The client is liable for theft, loss or damage of the rental material during this period.
7.3 The client relieves the supplier from all liability, also towards third parties, for any form of damage occurred during use, abuse or ill use of the rental material during the term of lease.
7.4 Possible damage tot the rental material will be compensated by the client at the price of its replacement value. The client needs to be sufficiently insured for this risk at own expense.
7.5 The rental material may only be used for the purpose they have been rented, so stated in the lease agreement. In case the rental material is applied for another purpose than agreed between the client and supplier, the supplier is entitled to end the lease and reclaim the rental material at all times, without prior notification of default.
7.6 Liability in the sense of this article does not release the client of the obligation to fulfil the agreed lease price.
Article 8. Claims and warranty
8.1 The supplier supplies good commercial quality. The supplier guarantees the reliability of the supplied material, unabated the restrictions mentioned in these conditions, if all his instructions towards the use of the material have been strictly considered and followed.
8.2 The client can not make a claim on the performance of the material if, within eight days after the default has been noticed or should have been noticed in all reason, not has been protested to the supplier in writing.
8.3 In case the delivered material is not according the agreement, the supplier gives warranty within his own choice in the sense that he is only liable to repair or replace the material, or to supply the missing material after all. Supplies with a variance of 5% less or more are not regarded as default.
8.4 In case default occurs during the rental period, the supplier will give effort to repair this default, but only within reason and if the default has not occurred by fault of the client. 8.5 Return shipments of the material in order to replace or repair the rental material will take place on the own risk of the client and can only be executed with prior permission of the supplier.
8.6 Claims concerning invoices need to have been made in writing within eight days of invoice receipt.
8.7 In case the client has not claimed within the given timeframe and/or the supplier did not get the opportunity to recover the default, the right to claim will become extinct.
Article 9. Liability supplier
9.1 The liability of the supplier is explicitly limited to the obligations stated in article 8. The supplier is only liable for damage, in case the damage occurred deliberately or to a comparable serious fault of the supplier or one of his subordinates.
9.2 The supplier is not liable for damage to any object, which have been left behind by the client in cupboards, display cabinets, desks and other rental material.
9.3 In case that there rests any liability with the supplier, determined by law, this is limited to the settlement value of the insurance, as far as this is covered by the suppliers liability insurance.
9.4 In case the damage is not covered by the insurance, the liability of the supplier is limited to two times the value of the agreement.
9.5 The supplier is never liable for consequential.
9.6 All liability exclusions mentioned in this article are also applicable to third parties, whom has been appointed to the assignment by the supplier to fulfil the agreement.
9.7 The supplier is not liable in case the shortfall is due to circumstance beyond one's control.
Article 10. Annulment and expiration
10.1 The client is entitled to cancel an order, in case this has been notified in writing at least three day before the lease term commences and provided that the material have not already been delivered at the agreed location.
10.2 In case the client has cancelled the order prior to the three days before the lease term commences, however the material has been delivered, the client is liable for 50% of the total rental value. Unabated the right of the supplier to claim indemnity for damage and other costs.
10.3 Unabated that which is prior stated in these conditions, the agreement will be annulled without juridical interference but by means of a written statement, at the very moment the supplier is declared bankrupt. Or if the supplier requests a temporary suspension of payment or in case of seizure, custodial care, or if by execution of the law dept purge a natural person or otherwise loses his dispositive power, unless the custodian or trustee acknowledges the obligations resulting from this agreement.
10.4 Due to the expiration all outstanding claims between both parties become immediate claimable. The client is liable for damages to the supplier suffered from this, including loss of turnover and transport costs.
Article 11. Termination
11.1 The agreement terminates as soon as the lease term is expired. The client is obliged to return the material in a correct manner to the location of delivery, after notification concerning the moment of returning the material.
11.2 Rented material, is deemed to be returned in the possession of the supplier within 24 hours of the expiration of the lease term.
11.3 In case, the supplier is not able to receive the material after the lease term has been expired, the client is obliged to return the material carriage paid without delay.
Article 12. Dispute resolution and compliance with laws
12.1 All agreements compliant to these conditions comply with Dutch law.
12.2 Each dispute between supplier and client, resulting from an agreement and compliant to these conditions, will be referred to the qualified representative of the law of the district where the supplier is situated, despite his right to refer to any other qualified judge.
