ARTICLE 1 APPLICABILITY
These conditions apply to all invoices and agreements between the tenant and the owner that
relate to the provision of the rented property and services provided by the owner to the tenant.
ARTICLE 2 DURATION OF RENTAL
2.1 The rental starts:
– at the moment that the tenant or his representative takes possession of the rented object in the
owners warehouses;
– at the moment the owner hands over the rented object to the tenant or his carrier.
If it has been agreed that the hired item will be delivered by the owner, the tenant will provide a
representative to take receipt of the goods at the agreed time and place. If this is not the case,
the owner is entitled to take back the hired goods, to charge the transport costs and a
cancellation fee.
The tenant who fails to collect the hired goods at the agreed time also pays a cancellation fee.
Cancellation fee: the minimum rental amount (1 day’s rental), including VAT.
The delivery dates and times given by the owner are purely approximate and any delays do not
constitute grounds for dissolving the agreement or for compensation.
2.2 The rental ends on the day of return to the owner’s warehouse.
2.3 As soon as the rental period has ended, it is expected that the tenant, by operation of law and
without any reminder, returns the rented object. The owner shall from that time be entitled, but not
obliged, to have the rented objects returned, without having to appeal to the courts, wherever
they may be. All costs such as dismantling, loading, transport, unloading, etc. are fully at the
tenant’s expense. He may further charge the rental price and afterwards, if the owner wishes to
do so, he may charge the selling price without prejudice to the rent due until the day of charging
the selling price. The choice of the date of invoicing the selling price and thus ending the rent is
entirely up to the owner.
2.4 The tenant’s attention is drawn to the fact that he can never become the owner of the rented
object and that failure to return it at the agreed time or the time described above is punishable as
an abuse of trust.
ARTICLE 3 RISK, DEFECT AND DAMAGE
3.1 Under no conditions the tenant may sub-rent or lend the rented object or make it available or
hand it over to third parties. Only exception is the written consent of the owner to do otherwise.
3.2 The owner shall deliver the goods in a perfect state of maintenance. When collecting or taking
delivery, the renter should check this, if required. Collection or acceptance by him or his
authorised representative shall be deemed to be irrevocable acceptance. In the case of dispatch
and if the goods have not been accepted on site and the owner has not exercised his right to take
back the goods, the renter should lodge a written protest no later than 24 hours after delivery at
the agreed place, not including Sundays and public holidays. In this case, however, the renter
has the burden of proving that the deficiency or damage did not occur after delivery.
3.3 After discovering a defect, deficiency or damage, the tenant shall not continue to use the
object.
Repair work shall be carried out by or on the instructions of the owner. The costs of repairs shall
be borne by the owner, except if the defect, deficiency or damage is attributable to the tenant, for
example, due to use, negligence on the part of the tenant, force majeure or the actions of third
parties. The burden of proof to the contrary lies with the tenant. If repairs are at the tenant’s
expense, the time required for care, maintenance and any necessary repairs will be included in
the rental period.
3.4 However, the tenant shall not be entitled to compensation on account of any interruption in
the use of the rented property, nor shall he be entitled to rescind the rental agreement.
3.5 The tenant shall bear the risk of loss or damage to the rented property throughout the rental
period, including during transport there and back. The tenant or his representative undertakes to
notify the owner within 24 hours of the following facts:
– loss or damage;
– theft of the hired item;
– damage by third parties;
– judicial attachment or seizure by creditors;
– bankruptcy or court settlement.
The tenant is liable for the return of the hired item in its original state. Acceptance by the owner
does not constitute irrevocable acceptance and does not exclude a claim for damages. The
owner has a period of 14 days after the return, including Saturdays, Sundays and public holidays,
to inform the tenant in writing of his findings regarding damage.
If the tenant does not respond to this after a period of 5 working days, this will be considered as
acceptance. The owner is then authorised to proceed to immediate repair or replacement and to
charge the tenant for the costs, as well as for all additional damage.
ARTICLE 4 TERMS OF PAYMENT
4.1 Our invoices are payable within thirty days at Tielt without discount. All possible collection
costs are at the expense of the customer. The acceptance of cheques, bills of exchange or any
other means of payment does not entail a novation or any modification of the present terms and
conditions.
4.2 Invoices not paid on the expiry date will automatically and without prior notice of default be
increased by an interest rate of 12% per year. In the event of whole or partial non-payment of the
debt on the expiry date without serious reasons, and after unsuccessful notice of default, the debt
balance will be increased by 15% with a minimum of €50.00 and a maximum of €1860.00, even
if terms of respite are granted.
4.3 In the event of a legal dispute, only the courts of the Bruges district will be competent.
ARTICLE 5 INSTRUCTIONS FOR USE
In addition to and beyond the provisions of Article 3, the tenant is obliged to use the rented
property as a good tenant. He declares to know the equipment referred to well, to have tried it
and to have received it in perfect working order. He agrees to use this equipment carefully, under
his full responsibility and professionally at all times. He declares to know or to have asked the
manual and the safety instructions of the equipment.
ARTICLE 6 TERMINATION OF THE RENT
6.1 The owner shall be entitled to terminate or declare dissolution of the agreement by operation
of law and without prior notice of default, with immediate effect, in one or more of the cases
specified below:
– if the tenant fails to meet his payment obligations properly or in time, or if there are clear
grounds for suspecting that the tenant will not meet his payment obligations;
– in the event of any other serious shortcoming on the part of the tenant, such as incorrect use,
transfer abroad, handing over the hired item to a third party, etc.
– in case of bankruptcy, judicial composition or liquidation of the tenant;
– in the event of seizure of the tenant’s bank accounts or other assets;
– in the event of termination of the tenant’s bank or other credit facilities;
– in case of protest of commercial papers of the tenant;
The owner is then entitled by law and without prior notice of default, at the expense of the tenant,
to take back the rented property, wherever it may be and to dispose of it immediately.
6.2 If the rental agreement is terminated at the tenant’s expense, the tenant shall at least be
obliged, without prejudice to the owner’s right to compensation for proven damage, to pay the
agreed rent for the agreed rental period, or the estimated rental period. The owner is not liable
for any damage the tenant may suffer as a result of the termination/dissolution of the agreement
as referred to in 6.1, such as loss of profit etc;
ARTICLE 7 OWNER’S RESPONSIBILITY FOR DAMAGE
7.1 Without prejudice to the provisions elsewhere in these conditions, the tenant shall be
responsible throughout the entire rental period for all damage or nuisance that the rented
property, or its use, even if not faulty, may cause to himself or to third parties.
7.2 In the event that the owner’s responsibility is retained, the owner’s intervention in the damage
can under no circumstances exceed the amounts that the tenant is required to pay to the owner
within the framework of the rental agreement.
7.3 If an event occurs from which the tenant suffers or may reasonably be expected to suffer
damage, for which the owner may be liable, the tenant must notify the owner of this event in
writing as soon as possible, but in any case within 8 days of this event.
ARTICLE 8 APPLICABLE LAW AND COMPETENT COURT
8.1 The agreement is exclusively governed by Belgian law.
8.2 The courts where the owner’s registered office is situated are competent for all disputes
arising from or in connection with the offers and/or quotations issued by the owner and/or the
rental agreement, including disputes about the existence and validity of the agreement and the
collection of invoices. However, the owner reserves the right to bring the dispute before any other
competent court.