GENERAL RENTAL- AND SERVICE CONDITIONS

GENERAL RENTAL- AND SERVICE CONDITIONS

 

  1. General
    1. The letted object always remains property of Rental
    2. The renter is not allowed to estrange the rented object or put it for safe-keeping with a third party.
    3. The renter is obliged to inform Rental Pumps immediately of attachment of his moveable and/or immovable goods, among which the rented object. Furthermore the renter is obliged to inform Rental Pumps immediately about theft, nullification or partial nullification of the rented

 

  1. Prices
    1. The rental prices mentioned in the agreement apply free warehouse excluding VAT. Rental Pumps reserves the right to adjust the prices during the rental term on the basis of changed circumstances which are beyond her power, like increase of wage- and production expenses, import duties, taxes
    2. The rental price does not include transport and placing of machines. The renter will have to take care of fuels, oils and
    3. The prices are based on use of the rented object on the basis of a forty-hour week. When the rented object is used for more than 40 hours a week, Rental Pumps reserves the right to charge the more used hours in proportion with the

 

  1. Instalment
    1. The instalment starts when the rented object leaves the warehouse of Rental

This period ends when the rented object has been delivered at Rental Pumps or at a by her designated location.

  1. When the renter does not return the rented object on time after termination of the rental agreement, Rental Pumps is authorized to take back the letted object, wherever it is located. The renter has to take care of both the connected expenses and the suffered damage because of rental

 

  1. Transport

The transport of the rented object from and to the warehouse of Rental Pumps are for the renter’s bill and risk.

  1. Care duty
    1. The renter accepts the rented object in excellent condition with the beginning of the instalment. He is obliged to keep the rented object in this condition and to return it in this condition with Rental Pumps after termination of the rental agreement
    2. The renter has to use the rented object for its purpose. It is not allowed to make changes in the rented object without the express written permission of Rental Pumps. Rental Pumps is not responsible for damage, caused by wrong use of the rented object. Personel of Rental Pumps always has to be admitted at the place where the rented object is located.
    3. The renter is obliged to treat the rented object according the technical prescriptions and to check regurarly among other things the oil gauge, cooling-water, batteries
    4. The renter has to take care of reparation expenses that do not result from normal wear of the rented object. Reparations can only be executed by the renter himself with permission of Rental Pumps. When Rental Pumps not desides to execute the reparation herself, then the renter has to involve an authorized repairer after previous written permission of Rental Pumps. The repairer can only execute reparations with use of original
    5. When the rented object is temporary out of use because of a fault at the rented object, caused by improper or unjudicious use, the renter is obliged to continue the paying of the rental price during the duration of the reparation. The reparation of wear-susceptible parts, caused by judicious use, has to be taken care of by Rental Pumps. When the last reparation is of long-lasting kind, Rental Pumps can decide for appropriate replacement of the rented object, without charging additional cost with the
    6. Rental Pumps is never responsible for compensation of damage suffered by the renter, caused by some fault at the rented object, irrespective the cause of
    7. The renter is responsible for theft, loss, vandalism and burglary of the rented object. When the rented object has entirely nullified, the renter has to pay the replacement value of the rented object to Rental Pumps within one week after

 

  1. Insurance

The letter can oblige the renter to take out an all-risk insurance policy for his own expenses on the basis of the replacement value of the rented object for the duration of the rental period. The insurance policy has to be drawn up in the name of Rental Pumps. The policy has to be handed over to Rental Pumps at the beginning of the rental agreement. Mentioned insurance policy has to offer coverage against among other things theft, destruction and legal responsibility. With damage of or fault at the rented object the renter is obliged to acknowledge Rental Pumps immediately.

 

  1. Complaints
    1. Complaints have to be reported in writing at Rental Pumps within 24 hours after the actual disposal of the rented object. After the mentioned period is expired, the right for complaint is no longer open. Complaints do not give the renter right to suspend his payments, whereas compensation is expressly out of the
    2. Rental Pumps is not responsible for damage because of standstill, breakdown, bad functioning of the rented object or a part of it. She can never be made responsible for damage caused by the rented object to third parties. The renter is obliged to protect Rental Pumps against claims from third persons concerning damage caused by the rented

  2. Payment

Payment of invoices has to take place within 30 days after receipt of the invoices at the latest. With exceeding of this term the renter is indebted a duty of 1 percent per month over the amount due. Dept comparison is out of the question. All judicial and extra-judicial collection costs which are considered necessary by Rental Pumps for collection of the amount due or observance of liability of the renter, are to be paid by the renter. Extra- judicial costs, including the costs for juridical aid, are 15 percent of the amount due with a minimum of € 500,-- excluding VAT, irrespective – if the costs are higher – the restraint of the renter to payment of the more.

 

  1. Deposit
    1. Rental Pumps has the right to ask for a deposit at the renter, of which the height depends on the value of the rented object, and which has to be paid by the renter with the conclusion of the rental
    2. After return of the rented object Rental Pumps is obliged to pay back the deposit to the renter with settlement of all the renter is indebted concerning the rental agreement in question, no matter the

  2. Cancellation

In case of complete or partly cancellation of the rental agreement, concluded for a specified period, the agreed rental amount is still due by the renter. When it is possible to let the rented object on the same conditions and during the same rental period to a third party, the received amounts, less made extra expenses, will be settled with the by the renter amount due.

  1. Rescission

With not or not complete observance of one or more stipulations of the rental agreement, among which these general conditions, especially the not paid or not paid in time rental terms or unjudicious use or unsufficient maintenance of the rented object, Rental Pumps is authorized to declare the rental agreement disincorporated without proof of default and without judicial interference,

undiminished the obligation of the renter to pay all he is or will be indebted to Rental Pumps by virtue of the rental agreement. Rental Pumps is authorized to take the rented object for the cost of the renter.

  1. Disputes
    1. All agreements to be concluded with Rental Pumps BV shall be governed by Dutch
    2. All agreements to be concluded with Rental Pumps Belgium B.V. shall be governed by Belgian
    3. All disputes with Rental Pumps BV that might arise as a result of an agreement to which the present terms and conditions of delivery and payment apply as a whole or in part, or of other agreements that might be a result of such an agreement, shall in the first instance be resolved by the competent court in
    4. All disputes with Rental Pumps Belgium B.V. that might arise as a result of an agreement to which the present terms and conditions of delivery and payment apply as a whole or in part, or of other agreements that might be a result of such an agreement, shall in the first instance be resolved by the competent court in Dendermonde

GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT

Of the private limited company Rental Pumps and Rental Pumps Belgium

 

  1. General
    1. These terms and conditions shall apply to all agreements to be concluded with third parties, in whatever area, by Rental Pumps B.V. or Rental Pumps Belgium B.V., hereinafter to be called Rental
    2. Under no circumstances shall terms and conditions of third parties apply to agreements to be concluded with Rental
    3. Departure from these terms and conditions shall only be possible by written notice of Rental Pumps and then, unless otherwise stated, exclusively for the agreement in

  2. Offers
    1. All offers by Rental Pumps, in whatever form, shall be without obligation, unless otherwise expressly stated in writing.
    2. Purchase or sale agreements shall not become binding until Rental Pumps has given confirmation in writing. Confirmation by Rental Pumps shall be decisive for their
    3. Data in printed matter provided by Rental Pumps shall be subject to alteration without prior notice. In no way shall these data bind Rental

 

  1. Deliveries and delivery times
    1. All goods shall travel at the risk of the buyer/client.
    2. The delivery times given shall apply by way of approximation. Under no circumstances can exceeding the delivery time, even after notice of default, give entitlement to compensation or to non-fulfilment of any obligation arising from the agreement or any other associated agreement, in other words, to the demand of dissolution of these
    3. Any delay attributable to force majeure shall give Rental Pumps the right to extend the delivery time by the same time as the delay
    4. Rental Pumps shall be free to allow the deliveries to take place in
    5. The supply of goods shall be ex Rental Pumps
    6. The goods shall be regarded as having been delivered by Rental Pumps if the buyer/client fails to take receipt of the goods following expiry of the agreed delivery times. The goods shall then be available to the buyer/client and be stored at its expense and

 

  1. Prices

The selling prices are based on prices applying at the time of the confirmation, including costs, currency differences, wages, social and other charges, taxes, duties, freight, etc. In the event of an increase in a cost item, Rental Pumps shall be entitled to increase the agreed prices accordingly, even if the increase takes place as a result of circumstances foreseeable at the time of the offer or acceptance.



 

  1. Payment
    1. Payment must be made within 30 days of invoice date, unless otherwise agreed in writing. Rental Pumps reserves the right to make a delivery dependent on immediate
    2. Rental Pumps shall set off payments received against the oldest claim on the buyer/client.
    3. Payment must be made without discount or setoff. The buyer/customer shall never have the right of
    4. Rental Pumps shall at any time be entitled, before supplying or continuing with supply, as it sees fit, to demand sufficient security for the fulfilment of the buyer/client’s payment obligations. This provision shall likewise apply if credit has been stipulated. Refusal of the buyer/client to provide the security demanded shall give Rental Pumps the right to regard the agreement as dissolved without judicial intervention and without prejudice to its right to compensation of damage, expenses and loss of
    5. If the payment term is exceeded, Rental Pumps reserves the right to charge the buyer/client interest on the invoice amount from the due date of the invoice equal to 1 % for each month or part of a month counting from the date the invoice amount falls

 

  1. Retention of title
    1. As long as the buyer/client has not fulfilled its financial obligations towards Rental Pumps, all goods supplied by Rental Pumps shall remain the property of Rental Pumps. The supply of movable goods by Rental Pumps shall be subject to the suspensive condition of settlement of the purchase price in
    2. The buyer/client shall not be entitled to pledge goods supplied by Rental Pumps or to transfer their title before payment in full has been
    3. In the event that the buyer/client fails to fulfil any obligations in respect of Rental Pumps, Rental Pumps shall be entitled, without any notice of default, to repossess the goods that are its property under the aforementioned retention of title, in which case the agreements still in force shall be dissolved without judicial intervention and without prejudice to the obligation of the buyer/client to pay a charge for damage suffered, lost profit and interest.
    4. Rental Pumps shall be irrevocably authorised by the buyer/client to do everything on behalf of the latter that Rental Pumps in its opinion deems necessary to safeguard its rights referred to in this Article. This shall in particular include an authorisation to remove the goods belonging to Rental Pumps and to enter the rooms where the goods are located for this

 

  1. Packaging

The packaging of the goods to be supplied by Rental Pumps shall be of a high standard and in accordance with commercial practice. The packaging shall not, except for cardboard or other lightweight packaging, be included in the selling price of the goods.

 

  1. Dispatch
    1. Dispatch shall be at the expense and risk of the buyer/client.
    2. The risk of unsafe or overdue arrival or non-arrival shall be for the buyer/client’s
    3. In the event that Rental Pumps is responsible for dispatching the goods, it shall be entitled to choose the cheapest method of
  2. Return consignments
    1. Return consignments will not be accepted by Rental Pumps unless it has expressly agreed to them in writing. These consignments must in any event take place carriage
    2. In the event of a return consignment of pumps used for pumping corrosive or other hazardous substances, the type of substance must be indicated with specification and

 

  1. Complaint
    1. Complaints must be submitted to Rental Pumps by the buyer/client within eight days of delivery of the
    2. Where the period given in 1. is exceeded, the buyer/client shall be regarded as having accepted the goods supplied and having waived its rights arising from any breach of contract with regard to the goods
    3. No complaints with regard to goods that have been wholly or partially processed will be
    4. If, in the opinion of Rental Pumps, any complaint is justified, it will either pay fair compensation of not more than the invoice value of the part of the goods supplied about which a complaint was made or replace the goods following return of the goods originally supplied. Rental Pumps shall not be obliged to make any further compensation. Indirect damage shall never be
    5. Complaints shall not give the buyer/client any right to suspend payments, while offsetting is expressly excluded.

 

  1. Warranty
    1. These warranty provisions apply exclusively to pumps supplied by Rental Pumps. For products of suppliers, such as motor safety switches, the warranty provisions of these suppliers shall
    2. Rental Pumps guarantees that the goods it supplies possess the properties and qualities contractually promised and have no defects, on the understanding that this warranty shall apply for a period of 12 months following delivery. With regard to goods supplied the same warranty shall be granted as that which manufacturers of these goods have accepted in respect of Rental Pumps, but only to the extent that these manufacturers fulfil their warranty obligations towards Rental
    3. The warranty obligation of Rental Pumps shall lapse if the buyer itself makes changes to the goods or itself repairs them or has them repaired by third parties or if the goods are used for other than normal industrial purposes or if the goods are handled or maintained in a way that Rental Pumps feels is
    4. If Rental Pumps supplies new goods or parts thereof to meet its warranty obligations, all the provisions of these warranty terms and conditions shall apply to these goods or parts.
    5. In respect of assembly, repair or overhaul work, including repair work under paragraph a of this Article, any warranty obligation is expressly excluded.
    6. The non-fulfilment of that which has been agreed regarding payment and also any non-fulfilment by the buyer/client of one of its obligations arising from the agreement concluded with Rental Pumps shall discharge Rental Pumps from its warranty obligations and from all the associated obligations.
      Fulfilment of the warranty obligation by Rental Pumps shall count as sole compensation.

 

  1. Liability and warranty
    1. Complaints about faults not immediately perceptible must be reported to Rental Pumps in writing immediately following discovery but in any event within two months of purchase. The warranty claim will be assessed on the basis of warranty provisions to be given below, in which the warranty periods of various goods are given. No rights may be derived from verbal complaints or complaints following the expiry of the warranty
    2. Rental Pumps shall only be liable for clearly demonstrable manufacturing or material defects. This liability shall lapse if the buyer/client itself modifies or repairs the goods supplied or has such work done by third parties. The same shall apply if the goods supplied have been handled or maintained improperly or contrary to technical specifications or have been used inappropriately or have been used for pumping harmful, corrosive or other hazardous
    3. In the case of defects in the goods supplied by Rental Pumps the liability shall in any event be limited to, as Rental Pumps sees fit, repair of the defect or replacement of the goods supplied free of charge. In the case of replacement the items to be replaced shall immediately become the property of Rental Pumps again and must be returned to Rental Pumps carriage paid. The shipping costs of replacement deliveries shall be at the expense of the buyer/client.
    4. The warranty period shall not be stopped or extended in the case of repair or replacement as referred to in the previous
    5. The technical properties of the goods supplied quoted by Rental Pumps have been determined by accurate measurements. Slight variations shall give no right to repair or
    6. Repair or replacement of auxiliary equipment and parts processed but not manufactured by us free of charge shall only be possible to the extent that Rental Pumps can recover the costs associated with this from its suppliers.
    7. The claimed non-fulfilment of warranty provisions arising from this Article shall not discharge the buyer/client from its obligation to fulfil strictly the obligations arising from the agreements concluded with Rental
    8. Rental Pumps shall not be liable for any warranty if the buyer/client fails to fulfil its obligations arising from the agreements concluded with it properly, on time or in
    9. The liability of Rental Pumps by virtue of any act or omission in the context of all the agreements concluded with it shall never go beyond the fulfilment of the warranty obligations referred to in this Article. In particular Rental Pumps shall never be liable for any product damage and consequential damage that the buyer/client or third parties might suffer as a result of defects or deficiencies in goods supplied by Rental Pumps. The buyer/client shall indemnify Rental Pumps against all claims for compensation by third parties. The fulfilment of its warranty obligations by Rental Pumps shall count as sole

 

  1. Origin

Any alteration of the goods or the affixing thereon of a mark, by which an attempt is made to disguise goods as originating from Rental Pumps, is not permitted.

 

  1. Dissolution

If the buyer/client fails to fulfil any obligation arising from this or any other agreement concluded with Rental Pumps or fails to do so properly or on time and in the event of bankruptcy, application for court protection from creditors, shutdown or winding up of the buyer/client’s business, it shall be regarded as being in default by operation of law and Rental Pumps shall have the right, without any notice of default and without judicial intervention, to suspend the performance of the agreements or to dissolve the agreement as a whole or in part, as it sees fit, without being liable for any compensation or warranty and without prejudice to the other rights belonging to it. In these cases any claim that Rental Pumps should have or acquire on the buyer shall be due and payable immediately and in full.


  1. Costs

All the judicial and extrajudicial costs that Rental Pumps deems necessary for the collection of payment or fulfilment of obligations, arising from any agreement concluded with Rental Pumps to which these terms and conditions apply, shall be for the buyer/client’s account. The extrajudicial costs shall be regarded as having been set by the parties at 15% of the interest of the performance or of the amount to be collected with a minimum of 100 euros, notwithstanding the obligation of the buyer/client – in the event that the costs are higher - to pay the excess.

 

  1. Force majeure

Circumstances beyond the control of Rental Pumps that are of such nature that supply or further performance of the agreement cannot reasonably be expected of Rental Pumps, such as unusual weather conditions, industrial action, government measures, delay in supply, export ban, transport obstructions, import barriers and all other circumstances that seriously impede performance of the agreement shall count as force majeure.

 

  1. Disputes
    1. All agreements to be concluded with Rental Pumps BV shall be governed by Dutch
    2. All agreements to be concluded with Rental Pumps Belgium B.V. shall be governed by Belgian
    3. All disputes with Rental Pumps BV that might arise as a result of an agreement to which the present terms and conditions of delivery and payment apply as a whole or in part, or of other agreements that might be a result of such an agreement, shall in the first instance be resolved by the competent court in
    4. All disputes with Rental Pumps Belgium B.V. that might arise as a result of an agreement to which the present terms and conditions of delivery and payment apply as a whole or in part, or of other agreements that might be a result of such an agreement, shall in the first instance be resolved by the competent court in