Rental conditions
General rental conditions
- The prices stated in the special conditions are exclusive of VAT.
- The renter can come to pick up the equipment on the starting day mentioned in the special conditions from 9 a.m. and provided that the lessor has received the deposit.
- Even if the renter fails to pay the deposit or fails to pick up the equipment, rent is due from the starting day.
- The delivery and collection of the equipment is not included in the rental price and is the responsibility of the lessee.
- If it is agreed in the special conditions that the transport will be carried out by the lessee, then all risks thereof are borne by the lessee.
- If the lessee did not formulate a claim in writing before the end of the first working day after the commencement day, he is deemed to agree that he received the equipment clean and in good working order, on the commencement day and that he knows the operating instructions and applicable safety regulations.
- The renter shall move, use and store the rented equipment only with due diligence according to its normal and legally permissible purpose, in accordance with the instructions for use and all applicable and legal regulations, including safety and permits.
- For use on public roads, the lessee himself must meet the legal obligations, including registration, insurance, permit, signage ...
- Allie taxes, fines, governmental duties related to the possession or use of the leased equipment shall be borne by the lessee, who shall indemnify the lessor.
- Fuel or recharging of batteries, products for daily use and maintenance, oil, lubricating oil, filters and tires are the responsibility of the renter.
- The rented equipment is delivered with full fuel tanks. The lessee will pay the lessor for the missing fuel upon return.
- The lessee will do the on and off, daily maintenance and inspection of the leased equipment, keep it in good working order and clean it, including oil and water levels, filters and cooling radiators at his expense.
- At the end of each rental period (week or month) agreed upon in the Special Conditions, the renter will provide written notice of the correct hour meter reading.
- The lessee shall immediately report any defect or malfunction to the lessor by telephone and in writing no later than 24 hours after its discovery. The lessee may not make any repair, replacement or modification to the leased equipment without written authorization from the lessor.
- Any major maintenance required according to the hour meter reading (± 200 hours) or repair of defects will be carried out by the lessor subject to prompt notification of the hour meter readings or defects.
- Repair and relocation costs caused by the tenant's negligence or abnormal use of the rented equipment are the responsibility of the tenant.
- The renter waives the reduction of the rent in case of defect of the rented equipment; neither does it give him the right to suspend the payment of already expired rents.
- The lessor shall always have the right to inspect, maintain or repair the leased equipment.
- The tenant must pay the full rent before the beginning of each rental period (week or month) agreed upon in the special conditions in the hands of the landlord or in his bank account.
- Even if the equipment is returned earlier, rent is due for the full rental time or period started.
- Every six months, the rent may be adjusted according to fluctuations in the consumer price index.
- Landlord's invoices are payable in cash without discount in Landlord's hands or to Landlord's bank account.
- In the event of non-payment by the due date, interest at the rate of 12% per annum on the debt balance, until payment in full, shall be due without any warning or notice of default.
- Moreover, in case of total or partial non-payment of the debt on the due date without serious reasons, eight days after unsuccessful notice of default, the debt balance will be increased by 12% with a minimum of 123.95 euros and a maximum of 1859.20 euros, even if terms of grace are granted.
- In case of early termination of the lease by the tenant, the latter shall owe, except for overdue rents and possible repair costs, a compensation equal to - the sum of all outstanding rents discounted to the Prime Rate in effect at the time of termination for a duration equal to the remaining duration of the contract less 2% and increased by the residual value in the books of Volcke Renting NV. The amounts, which arise from the sale or re-rental of the material, and after deduction of all costs, shall however be deducted from the termination fee, up to an amount equal to the termination fee. In the cases mentioned in this article, Volcke Renting NV has the right to take back the machine at the expense of the hirer.
- The lessee will return all rented equipment cleaned, undamaged and in good working order to the lessor's registered office no later than 6 p.m. on the last working day of the agreement.
- If the hirer does not return the rented equipment by the agreed final date and hour and/or not cleaned and/or not in good working order and/or maintenance, he shall automatically owe compensation equal to the proportional rent per day and/or per day needed for cleaning and/or repair or until the payment of the replacement value of the rented equipment, without prejudice to the other rights of the lessor, including the right to claim compensation for the higher proven damages. The other provisions of this agreement remain applicable.
- Unless previously agreed, the tenant will be deemed to have agreed to the existence, extent and chargeability of cleaning costs, defects and the manner, cost and duration of repair if the tenant has not responded to the landlord's written notice thereof to the tenant within five days in writing with reasons. The tenant shall pay the advances, costs and fees of the court experts pending agreement or final judgment of the court.
- The lessee will take the necessary steps to ensure that the lessor's name and address and capacity remain clearly visible on the leased equipment at all times and/or to safeguard the lessor's rights to the leased property, including by notifying the owner of a leased building or other parties involved that the equipment has been leased no later than the commencement date and providing a copy thereof to the lessor.
- The lessee may not sublet the leased equipment, make it available to third parties or unauthorized persons, take it or have it taken outside Belgium, encumber it with any right or claim, or transfer its rights under this agreement to third parties.
- The lessee shall immediately notify the lessor by telephone and in writing of all details regarding any attachment, claim, legal action, factual matter (such as accident or damage) and/or any matter affecting the lessor's rights to the leased property or affecting the lessor.
- If the lessee is unable to return the rented equipment to the lessor, even because of theft, fire, accident, even through no fault of his own or because of force majeure, the lessee will immediately pay the lessor the value thereof, if applicable as agreed in the special conditions, without prejudice to the application of article 20.
- The tenant may only claim repayment of his deposit, and the landlord is liable to repay it only after it is established that the tenant has fulfilled all his obligations. The tenant agrees that the landlord will pay invoices not paid on the due date with the deposit, provided the landlord confirms this to the tenant in writing.
- The lessee releases the lessor from any responsibility, and will indemnify the lessor from all claims, for damage caused by the leased equipment or in which it is involved from the date of commencement of the rental until the lessor's inspection of the equipment after its actual return to the lessor, unless the lessee proves beyond any doubt that only a serious hidden defect that existed prior to the commencement of the rental agreement caused the damage. Once any fault or negligence on the part of the lessee has contributed to the damage, only the lessee is fully liable.
- The lessee shall guarantee all his responsibilities and liabilities both towards the lessor and towards his personnel and third parties by insuring himself appropriately before the commencement of the lease with waiver of recourse against the lessor and with assignment of all rights to the lessor regarding the value and/or preservation of the leased equipment. The lessee will communicate a copy of the policy upon first request.
- They any default or default of the lessee in case of bankruptcy or any sign of poor solvency of the lessee, all outstanding amounts, including those owed by the lessee to the companies related to the lessor, shall become immediately due and payable, without notice of default, and despite pre-authorized payment terms and/or the drawing of bills of exchange or promissory bills, the lessor has the right to suspend or cancel all his commitments and to take back the leased equipment, without the intervention of the court, by registered letter, without the lessor being held liable for any compensation, without prejudice to the lessor's right to compensation. The lessee remains obliged to pay the rent for the entire rental period, or, if this is not determined, the entire rental period.
- The Lessee shall at the first request of the Lessor communicate exactly where the Leased Equipment is located, shall provide access, and with this authorization gives the Lessor permission to enter and/or penetrate the real property where the Leased Equipment is located for the performance of this Agreement.
- Tenant waives any provisions of the Civil Code that conflict with this Agreement or the intent of the parties.
- For all disputes, only the Belgian courts of first instance in Kortrijk are competent. However, the lessor has the right to bring the dispute before any other competent court.
