Terms and conditions
GENERAL TERMS AND CONDITIONS - APPLICABLE TO ALL AGREEMENTS
These general terms and conditions form an integral whole with our quotations and invoices and apply to any agreement we conclude for the rental or sale of movable property (the “equipment”).
These general terms and conditions take precedence over the general terms and conditions of the customer, which are considered unwritten within the framework of hiring or sales made by us.
Deviations from these general terms and conditions are only valid if they have been explicitly accepted by us in writing.
2. Offers and Prices
Our quotations are without obligation and based on the data supplied by the customer with the request.
Our offers are only valid for the period stated therein and, in the absence of any mention, for a period of 90 days, after which they expire.
Data and prices on our website, in printed matter or in any other form of communication do not constitute a binding offer and the customer cannot derive any rights from this.
3. Payment terms
Our invoices are considered accepted if no registered protest letter is sent within 8 days after notification thereof.
All our invoices are payable either in cash or within the payment term stated therein and to the account number included therein.
Non-payment or partial payment of an overdue invoice makes all invoices payable to the customer and cancels any discounts granted.
In the event of non-payment of the invoices, a conventional late payment interest of 10% on an annual basis will be due from the due date by operation of law and without prior notice of default. In addition, as a claim for damages, by operation of law and without prior notice of default, a lump sum compensation is owed in the amount of 10% of the invoice amount, with a minimum of 125 EUR.
Failure to pay invoices on time gives us the right to suspend our obligations at the risk of the customer. The late payment of invoices also counts as serious breach of contract, on the basis of which we can determine or demand the dissolution of the agreement..
4. Force majeure
All circumstances that were reasonably unforeseeable and unavoidable when the quotation was submitted or when the agreement was entered into, and which would make the performance of the agreement more difficult or more difficult than normally anticipated financially or otherwise, will be regarded as cases of force majeure. . They give us the right to request the revision or termination of the contract.
Include, but by no means exclusively, force majeure: accidents, stock interruptions, strikes or lockouts, riots, wars and their consequences.
5. Applicable law and competent court
All our agreements are subject to Belgian law.
All our agreements are deemed to have been entered into at the address of our registered office.
Disputes regarding the implementation or interpretation of this agreement are exclusively within the jurisdiction of the courts of our registered office.
SPECIFIC PROVISIONS - RENTAL
6. Formation of the agreement - possibilities
An agreement is concluded when a rental agreement is signed between us and the customer.
An agreement is concluded if the customer confirms to us in writing and without reservation, within the period of validity of our quotation, his agreement to it, and this agreement is accepted by us as an order. The moment of our acceptance is the date of agreement.
7. Content of the agreement
The agreement only applies to what is explicitly described in it, to the exclusion of descriptions or specifications in any other communication.
The agreement only applies to the equipment included therein, with the exclusion of additions, accessories, etc. that are not expressly stated.
Delivery times included in the agreement are indicative and non-binding, which does not alter the fact that we try to comply with them as much as possible. Delay in delivery does not entitle to compensation, nor to dissolution of the agreement.
All prices are quoted exclusive of VAT.
If equipment is to be delivered / collected by us, the customer bears the costs and risk of the transport. These costs form part of the agreement, even if they are not explicitly stated separately.
8. Rental period
Unless explicitly agreed otherwise, the rent is entered into per calendar day.
Unless expressly agreed otherwise, the rental period for equipment to be collected from us commences when we make it available to the customer, regardless of when the equipment is actually collected.
The rental period for equipment to be delivered by us commences the moment we make this available to the customer by handing it over to himself or his designated person at the location indicated by the customer.
Unless expressly agreed otherwise, the rental period for equipment to be returned to us ends when it is handed over to us and we issue a receipt.
The rental period for equipment to be collected by us ends the moment we receive it by the customer or are appointed at the location indicated by the customer and we issue a receipt.
The customer bears the risk of the equipment throughout the rental period.
9. Our obligations as a renter
We make the rented equipment available to the customer in a clean, well-maintained and usable condition.
We guarantee the correct maintenance of the equipment as well as the repair of defects during the entire rental period. We bear the costs thereof insofar as it is normal use by the customer. If not, the costs are for the customer.
At the request of the customer, we provide the necessary instructions and user manuals.
If the customer does not have (sufficient) VCA-certified personnel, we will make a supervisor available at the expense of the customer.
10. Obligations of the tenant
The customer examines the condition of the rented equipment at the start of the rental period. In the absence of a written report of defects within 24 hours, the equipment is deemed to have been delivered in good condition.
The rented equipment may only be used by the customer himself or by his employees. Under no circumstances will the customer make this equipment available to third parties without our express written permission.
The rented equipment may only be used in accordance with the user instructions / manual and in accordance with the purpose for which it is suitable. When using the equipment, the customer must comply with applicable legislation as well as with industry guidelines.
By using the equipment, the customer acknowledges that he has been sufficiently informed about the user instructions / manual and the suitability of the equipment for the intended purpose. The customer acknowledges to have been (informed) of the applicable legislation as well as the guidelines applicable in the sector.
The customer only makes the equipment available to persons with the required expertise and knowledge.
The customer only makes the equipment available to persons with a valid VCA certificate (Certificate Safety Checklist Contractors: certificate for flange fitters or certificate for working on flange connections according to protocol). If the customer does not have (sufficient) VCA-certified personnel, he accepts that we make a qualified supervisor available, at the expense of the customer. The supervisor’s guidelines are followed in all circumstances.
The customer only uses the equipment in suitable and safe environmental conditions and via suitable and safe connections.
The customer is responsible for the permits, consents and authorizations necessary for working with the rented equipment.
During the rental period, the customer takes care of the rented equipment and is responsible for the daily maintenance considered normal, in accordance with the user instructions / manual.
The customer informs us immediately and at the latest within 24 hours of defects to the rented equipment or necessary maintenance activities that go beyond the daily maintenance. Under no circumstances is the customer entitled to have repair work carried out on the equipment or to have it made or to have changes made to it of any kind.
The customer informs us immediately and at the latest within 24 hours of damage, loss, theft, destruction, seizure and / or claims from third parties with regard to the rented equipment.
At the end of the rental period, the customer makes the equipment available to us again in a clean, good and usable condition.
11. Damage or loss of the rented equipment
The customer guarantees damage, loss, theft, destruction, seizure and / or claims of third parties with regard to the rented equipment. The customer indemnifies us against all claims from third parties on the rented equipment and indemnifies us for any resulting costs.
The customer will reimburse the maintenance, repair or replacement costs of the equipment, except for costs resulting from normal use and / or normal wear and tear or from defects in the equipment itself.
If, for whatever reason, the customer is unable to return the rented equipment to us, he is responsible for a refund equivalent by reimbursement of the replacement value of the equipment plus a surcharge of 15% for administration and handling costs. The customer reimburses the rental period up to the notification of the loss plus the period necessary for replacement of the lost equipment.
The customer is solely responsible for the correct use of the equipment, the qualifications of the persons to whom he makes it available and the conditions in which the equipment is used. The customer acknowledges to be well informed about this and expressly releases us from any liability in this regard. He will indemnify us in the event of a direct claim against us.
The customer alone guarantees direct or indirect, material or immaterial damage to users of the equipment or to third parties. He expressly releases us from any liability in this regard and will indemnify us in the event of a direct claim against us.
If we are liable for damage suffered by the customer, our financial liability cannot exceed the amount agreed for the performance to be provided by us. In case of an ongoing agreement, this can never be more than the amount (excluding VAT) of the last invoice.
A legal action against us is only admissible if it is instituted within a period of three months after the fact to which the complaint or claim relates, in the absence of which it is considered time barred.
13. Cancellation or dissolution
If the customer renounces an agreement already concluded in whole or in part, we reserve the right to charge an amount of 30% of the offered rental price as compensation, without prejudice to our right to charge our actual damage if this would be higher. lie.
If the customer does not or not timely fulfill his obligations arising from the rental agreement, we have the right to dissolve the agreement. Any breach of the obligations described in Article 7 is considered a serious shortcoming that justifies the extrajudicial dissolution.
Dissolution to the detriment of the customer gives us the right to charge an amount of 30% of the offered rental price as compensation, in addition to the contractually owed fees.
All rented equipment including accessories remains our exclusive property.
The customer indemnifies us against any claim made by third parties on our equipment, as well as against any costs arising from this.
The customer is obliged to notify us in writing within 24 hours of any claim made by third parties on the equipment made available by us.
Bankruptcy, settlement, settlement or any other measure with regard to the customer gives us the right to consider the agreement as dissolved by operation of law and without prior notice of default and to immediately reclaim and / or collect the rented equipment, without the customer will oppose this in any way.
SPECIFIC PROVISIONS - SALE
15. Delivery and liability
Unless expressly agreed otherwise, delivery takes place at our branches.
If the goods have to be delivered differently, the delivery costs are for the account of the customer who provides the shipping instructions and unloading facilities. Shipping is done at the risk of the customer.
16. Complaints and liability
Visible defects or deviations must be reported by the customer upon delivery, failing which they are considered accepted.
Hidden defects must be notified to us by registered letter within 8 days after discovery of the defect. A legal action on this basis is only admissible if it is instituted within three months after discovery and in any case within one year after delivery. The customer’s legal claim will lapse no later than one year after delivery / three months after becoming aware of the hidden defect.
The guarantee provided by the producer applies to delivered goods. During the warranty period of one year, the defective goods will be exchanged for new or repaired pieces and this according to the warranty terms and conditions provided by the manufacturer. Replacement costs are borne by the customer.
If the customer has repairs or changes to the delivered goods carried out during the warranty period, the right to complaint or warranty lapses. The same applies if the damage is the result of non-compliance with professional standards, usual instructions and product manuals.
In the performance of the agreement, we are only liable for possible direct damage, with the exclusion of consequential damage. If we were to be liable for damage suffered by the customer, our financial liability cannot exceed the amount of the agreement to which the complaint relates.
The risk of the sold good being destroyed is transferred at the time of delivery.
The customer is solely responsible for the correct use of the purchased equipment, the qualifications of the persons to whom he makes it available and the conditions in which the equipment is used.
17. Retention of title
All delivered goods remain our property until full payment has been made.
The customer is responsible for damage to and disposal of these goods from delivery. As long as the goods have not been paid for in full, the customer is not entitled to sell, pledge, use or use them as a guarantee for the benefit of third parties.
18. Cancellation or dissolution of the agreement
If the buyer wishes to cancel an agreement already concluded in whole or in part, we reserve the right to either demand implementation or to charge all costs already incurred as well as an amount of 30% of the agreed price as compensation, without prejudice to our right to charge our actual damage if it is higher.
If the agreement is dissolved to the detriment of the client, the client will, in addition to payment of all our expenses and all our labor, always owe compensation at a fixed amount estimated at 30% of the amount of the agreement, without prejudice to our right to demonstrate our actual damage. if it were higher.