1. Our invoices are payable in cash, except where expressly agreed otherwise in writing, in Waregem at their receipt. No reduction is granted for cash payments.
2. In case of non-payment either in cash or on the due date the seller/lessor is entitled to take back the rented or sold machine/goods without written or oral consent, wherever the machine/goods may be located at the expenses of the lessee/buyer. The machines/goods sold remain property of the seller until full payment of the invoice amount is settled.
2bis. If our confidence in the creditworthiness of the purchaser /lessee is shaken by legal actions taken against the purchaser/lessee or other apparent reasons, we reserve the right, even if the good have been dispatched completely or in part, to delay the whole order or part thereof until the purchaser has taken steps to provide the necessary guarantees. If the purchaser refuses to enter into this, we reserve the right to cancel the complete order or a part thereof. All this without prejudice to any damages and interests.
3. In case of non-payment of an invoice on its due date, a customary interest shall be calculated from the due date on in the amount of 1% per month or part of a month, by rights and without formal notice.
4. Should an invoice remain unpaid on the due date, the amount invoiced will be increased by 12%, by rights and notice of default with a minimum of 150 EUR and a maximum of 2,000 EUR by way of agreed penalty a lump-sum reimbursement due to extrajudicial costs.
5. All disputes fall within the exclusive jurisdiction of the courts of the district of Kortrijk. Belgian law is exclusively applicable to these terms and conditions.
6. Goods are transported at lessee’s/buyer’s risk, who shall be held to having signed an All-risk insurance (Casco, breakdown of machinery, and transport) at the start of the contract for the account of the lessor/seller for the amount of the acquisition value of the purchased/rented machine. The rented machines are ought to be all-risk insured until they have returned to the lessor’s premises. The rented machines will be evaluated at the purchaser’s warehouse. If damages are identified, this will be communicated to the lessee within 10 working days.
7. All goods are delivered in the state in which they are to be found. The buyer/lessee is in the know of the machine’s state. The buyer/lessee inspects the machine thoroughly and received a fully functioning machine. He agrees to respect the instructions of use of which he has taken note upon receiving the machine.
8. Complaints or grievances must be communicated by registered mail within eight days after delivery or after receipt of invoice in order to be taken into consideration.
9. The seller/lessor can under no circumstances, neither directly nor indirectly, be held liable by the lessee/buyer for any form of loss or damage of whatever nature resulting from the use of the material.
10. Guarantee: the guarantee we grant to the buyer is a guarantee for hidden defects. It is exclusively granted to the extent in which the hidden defects are signalled within 8 days after its discovery, the proof thereof delivered by the customer, and the opportunity for our company to verify the existence of said defect. This cannot exceed the manufacturer’s guarantee and is in any cased limited to six months or 1,000 working hours, whichever comes first. The guarantee period starts at the delivery. It is exclusively applicable to sales of new machines including new original parts and not second-hand material bought in the state it is to be found, to be inspected by the client buying at his own risk. The tires, electrical equipment, and accessories are excluded from our warranty and are solely covered by the manufacturer’s warranty. Equally excluded are parts which should be replaced caused by normal wear and tear or damage due to negligence, misuse, clumsiness, lack of supervision or maintenance or non-conforming use of the equipment. The guarantee is limited to the replacement or faulty parts and the working hours or our maintenance experts.
11. The indicated rental prices are valid for:
Standard machines with normal lift height (3,000 to 4,000 mm), without the use of special supplementary equipment such as clamps, buckets, sideshifts, carpet booms etc… Price increases for special lift heights and supplementary equipment are to be determined per situation.
An 8-hour working day and a 40-hour working week respectively: should the machine be used for more than 40 hours per week, the rental price will increase in percentage terms. If, on the contrary, the machine is used for less than 8 hours per day or 40 hours per week, the rental price will not be reduced in percentage terms. The machines are rented out minimum for one day, not per hour.
12. At the expense of the lessor: the regular maintenance of machines and repairs as a result of defaults or regular wear and tear. The lessor cannot be held liable for damages of whatever nature caused by unforeseen circumstances. In the event that the lessor be unable to meet his obligations such as his delivery obligation due to force majeure, he cannot be required to pay extra costs nor any other compensation will be demanded. Every damages claim related to this will be considered as non-existent. The lessor contracted a public liability insurance and a public liability insurance after delivery with a first-class Belgian insurance company to the amount of maximum 2,478,935.25 EUR, of which the damages caused by fire are limited to maximum 619,733.81 EUR. For all damages claims surpassing the value indicated above, the lessee, buyer, client, principal contractor automatically waivers recourse against the lessor/manufacturer for the part that exceeds the maximum guarantee.
13. At the expense of the lessee are:
Transport costs for delivery and picking up of the machine.
Damages of whatever nature caused by the use or non-use of the rented machine applied directly or indirectly to thirds, public and private property at which the lessee is working or not, to the lessee himself or a member of his staff, or the premises of the lessee under his possession or not, to the lessor or one of his member of staff or to the premises under his possession or not.
The daily checks and maintenance:
For thermal machines: checking oil level and cooling water.
For electrical machines: battery maintenance, as stated in the instructions at the beginning of the rental period.
Regularly cleaning of the machine, regularly blowing out the particle filters and radiator elements.
Damages, of whatever nature, caused by collision, overloading, use by unauthorized personnel, negligence, loss, theft, etc.
13bis. At the end of the rental period, the lessee properly removes all working materials, dirt and (hazardous) waste in or on the machine according to the regulations. When working materials, dirt or (hazardous) waste is in or on the machine we can refuse to pick up the machine. The rent will continue and all related costs will be charged to the lessee.
13ter. The use of our equipment during sandblasting is prohibited.
14. At the end of the rental period, following notice periods should be taken into account:
In case of rental per day: rental will be stopped until the lessee communicates this to the lessor in writing.
In case of rental per week (5 working days): cancellation in writing 2 working days in advance
In case of rental per month (20 working days) or longer: cancellation in writing 1 week in advance.
Even after the rental period, the lessee remains liable for loss, theft or damages to the machine of whatever nature, until the lessor takes back the machine. The lessor commits himself to picking up the machine on the premises of the lessee within 3 working days after the rental contract is terminated. The lessee is obliged to take proper care of the machine until it is picked up by the lessor. He is ought to keep the machine in a place that is secure and accessible for the lessee. If the machine is not accessible and can therefore not be picked up, the rental period of the machine will continue and the lessee remains fully liable for the machine. The lessee needs to hand over a signed receipt to the lessor or the person picking up the machine as a proof of transfer of the rented machine.
15. The machines are not allowed access to the public road or premises accessible for the public or a number of persons. The lessee agrees to comply with the applicable communal, local, and national legislation related to the use of machines. All charges and fines as a result of facts or violations one working day prior to the start of the rent, the rental period itself, and three working days after the renting period, are solely at the expenses of the lessee.
16. In the event of termination of the rental and sales contract at the charges of the lessee or buyer, the latter owes a compensation in the amount of 30% of the contract value.
17. Accepting these sales and hire conditions by signing the order form or by not protesting the invoices automatically implies that the client renounces his proper general purchasing and/or rental conditions now and in the future.
Version 2019 - V001