General rental conditions
1. The lease is entered into under the conditions stated below, unless otherwise agreed in writing. Our offers are without obligation until agreed in writing. Sizes or data specified in our catalogs are not binding unless expressly agreed upon with the order.
2. The goods are delivered to the warehouse. Transport to and from the place, loading and unloading, for the lessee are always at the expense and risk of the lessee, even if they are included in the price. The delivery period is always without obligation. The lessor has the right to leave the delivery date with a maximum of four days without this giving the lessee the right to dissolve the rent or to claim compensation. After this period, the lessee can request termination, but he will in no case be entitled to compensation.
3. The goods are delivered in perfect condition. Any visible defect must be reported to the lessor upon delivery, on pain of forfeiture. The lessee must return the goods in the same condition, except for normal wear and tear.
4. The lease is terminated on the due date, without the lessee being able to invoke tacit renewal. The lessee must inform the lessor at least 48 hours in advance of the correct place and time at which the goods are returned in case the lessor is obliged to collect them according to the agreement. All this without prejudice to what is stated in art. 2. Taking back by the lessor does not imply acceptance and does not exclude a claim for compensation. The lessor has a period of three working days to examine the goods for visible defects and to invite the lessee to draw up a contradictory description. If the tenant does not comply, he thereby irrevocably admits the damage described.
5. The use of the goods is entirely at the risk of the lessee. He will also be liable for all damage caused to third parties. He is obliged to insure the rented property against all possible risks and must explicitly mention the lessor as co-insured. This also applies to damage resulting from invisible defects. The lessor will indemnify and relieve the lessor if he is addressed by third parties in violation of this art.
6. The lessor is entitled to check the use and condition of the rented goods at any time. To this end, the lessee is always obliged to inform the lessor of the location where the goods can be found. Misuse, non-payment, use contrary to the instructions for use and damage established allow the lessor to consider the lease as terminated by operation of law and to take back the goods, without prejudice to the right to compensation. Goods taken back as a result of the foregoing do not give any right to claim compensation because the lessee is prevented from performing his work, due to a lack of material or equipment in the rented object.
7. In the event of total loss of the leased goods, or in the event of theft, the damage will be estimated at a fixed rate between the parties at 48 times, as determined in the lessor's catalogue, irrespective of the lower rent that may be agreed differently between the parties.
8. The lessee is not permitted to sublet, offer for sale, sell or alienate the goods. Nor is the lessee permitted to move the goods to a place other than the destination.
9. Repairs to the rented property may only be carried out by the lessor's personnel or a repairer authorized by him. The loss of time and use as a result of these repairs will in no way entitle the lessee to a price reduction or compensation.
10. Complaints must be submitted to the lessor in detail and with reasons within five days by registered letter, on pain of forfeiture.
11. In guarantee of proper compliance with his obligations, the lessee will have to pay a deposit to the lessor at the latest when the agreement is concluded, without which payment the contract will not be concluded. It never gives entitlement to interest. It may never be regarded as an advance on the rent and will only be returned to the lessee at the earliest three working days after receipt of the goods by the lessor, and at least until it is proven that the lessee has fulfilled all his obligations and the goods show no defects, even if this period exceeds three working days.
12. In case the rent has to be paid periodically, the lessor will, in the event of a single default and without notice of default, regard the contract as dissolved and be entitled to take back the goods, without prejudice to the right to compensation.
13. All invoices are payable in cash at the registered office of the lessor. All unpaid invoices will entitle without notice to an interest of 15% per year from the invoice date. The lessee will also be obliged to pay compensation agreed at 15% of the invoice amount, with a minimum of EUR 50. Complaints about the invoice must be made by registered letter within eight days of the invoice date, under penalty of forfeiture.
14. These conditions take precedence over the possible general conditions of the lessee. In the event of a dispute, only Belgian law applies. Only the Belgian Courts are competent and, if possible, only those in whose jurisdiction our registered office is located.
15. Our goods are delivered and collected on the nearest paved road, easily accessible and passable for our trucks. If the rented equipment is on the public road, the lessee must be responsible for the mandatory signage.
General sales conditions
1. Orders taken by our salespeople, agents and correspondents are only considered accepted after they have been confirmed by the management or the manager. Without express agreement to the contrary, all our invoices are payable in cash at the registered office of the company.
2. The delivery of our orders is strictly limited by the provisions of our quotations. All instructions will only be accepted by us if they are stated in writing in the notice of receipt of order.
3. Any complaint, whatever, must be reported by registered letter at the latest within 8 days after delivery.
4. The specified delivery times are approximate only. Any delay in the execution of the delivery can under no circumstances give rise to compensation.
5. No cancellation is accepted during the execution of the order. If we refuse to take possession of the material, we reserve the right to demand immediate payment of the full invoice amount.
6. We strongly decline any liability for accidents caused by our workers who work for our customers and therefore outside our supervision.
7. Ownership: both parties agree to waive the application of art. 1583 of the Civil Code, and on the contrary declare that it is their general intention and will to defer the taking of property by the buyer until full payment of the sums due, including all costs, interests and damages . For full payment of the amount due, the customer is prohibited to dispose of the purchased material in any way. Notwithstanding the suspension of the transfer of ownership, the risk of the goods sold is borne by the customer from the moment of departure from the company's registered office.
8. Our company reserves the right, at any time and at any place, to take back its equipment in the event of a dispute or of non-payment in full or in part on the due date. The return is effected by simple service by registered letter. By taking this back, the company will in no way waive its rights to the sums owed, nor to the costs of dismantling and transport, which remain at the customer's expense.
9. Guarantee: the guarantee stated by the seller is that of his workshops; this only counts for the part that is found to be defective by our workshops. Labor costs are always borne by the buyer, except with special written permission. Transport, assembly and coupling are always at the expense of the buyer.
10. Any invoice that is not paid on its due date will be increased by 20% by way of compensation, with a minimum of EUR 50, and will in addition, by operation of law and without notice, yield a compensatory interest of 15%.
11. Our goods are delivered on the nearest paved road, easily accessible and passable for our trucks. Replacing one or other part during the warranty period can certainly not result in an extension of the warranty period.
12. In the event of a dispute, only Belgian law applies. Only the Belgian Courts are competent and, if possible, only those in whose jurisdiction our registered office is located.
13. These general terms and conditions of sale in any case prevail over those of our customers who, by accepting our offer, waive their own general terms and conditions, as ours from those of the customer govern the contract, to the exclusion of all.
14. After the execution of our work, no complaint will be accepted if our buildings are wholly or partly involved or if other work is carried out, not provided for in the order.
15. If there is a difference between the conditions on the order form and the invoice, the conditions stated on the invoice will take precedence over those of the order form.