General conditions

summary

N – detailed terms and conditions on request
English – detailed terms and conditions available on request
UK - detailed conditions on request
D – Details of conditions on request

We expressly underline in advance that the present conditions are only a limited representation of our general rental and sales conditions, which you can consult on our website and which are freely available at our registered office, or will be sent to you upon first request. This presentation should therefore be considered purely as a summary guideline between parties, without any additional rights being able to be derived from it.

Article 1
Unless otherwise agreed in writing between the parties, any agreement shall be governed by the rental and sales conditions as used on the website, which form an integral part of the concluded agreement/this invoice and which shall at all times have precedence over any other conditions.

Article 2
Oral or telephone orders will always be confirmed by a written agreement/contract.

Article 3
The rental commences on the day the equipment is made available and ends on the day the equipment is returned to the lessor's premises. The collection of the equipment from the lessor's premises, as well as its return to these locations, shall be at the lessee's charge, risk, and sole responsibility. The fact that the lessor may himself carry out the transport shall in no way affect the lessee's responsibility.

Article 4
The hired equipment will be delivered by the lessor in perfect condition, which can be inspected by the lessee before the equipment leaves the owner's or lessor's premises. In default hereof, the equipment shall be deemed to have been delivered in perfect condition and no further complaints will be accepted.

Article 5
The tenant undertakes to use the rented equipment under normal operating conditions as a good custodian and to avoid all overloading, among other things. They shall maintain the equipment in good working order, in accordance with any written and/or oral instructions they may be provided. The tenant is not permitted to make any alterations to the rented equipment. In the event of a defect, only the lessor is authorised to carry out repairs. When these repairs are the result of serious negligence on the part of the tenant
or from an accident, these repairs will be charged to the tenant separately and in addition to the rental price. The tenant authorises the landlord to inspect the rented equipment at any time and agrees to provide him with all facilities to do so. The replacement of a
A defective part cannot be grounds for termination, nor can it be a pretext for a claim for damages or a reduction in rent.

Article 6
Upon expiry of the agreement, and barring extension, the tenant shall return the rented equipment to the landlord’s premises in perfect working and operational condition. Before returning the equipment, the tenant is obliged to clean it thoroughly and account for any missing
or replace damaged parts. The tenant shall bear the costs for the repair of the equipment, as well as compensation for unavailability during the time required for those repairs.
The compensation will be calculated based on the rent agreed in the special conditions applicable to the agreement.

Article 7
The delivery and return of the rented equipment shall be at the hirer's expense and risk. The agreed rental price does not include the loading and unloading of the equipment, nor fuels and lubricants, nor any taxes or duties which are or will be applicable to the rented equipment.

Article 8
The tenant expressly accepts the prohibition, without the express written permission of the landlord, from subletting the rented equipment or assigning their usage rights to a third party.

Article 9
Upon signing the agreement and no later than the commencement of the rental period, the tenant shall pay the landlord a security deposit determined in advance by the landlord, in proportion to the value of the hired equipment and the duration of the agreed rental period.
This sum, which will not accrue interest, shall be repaid by the landlord upon termination of the agreement, once the tenant has proven to have met all their obligations, including the return of the rented equipment in perfect condition. This
The security deposit may, at the landlord's discretion, be offset against one or more rent instalments if applicable.

Article 10
Rent invoices are payable at the landlord’s offices on the invoice date, without any discount or deduction. Failure to pay on the invoice date shall, by operation of law and without the need for notice of default, result in the application of default interest at a rate of 12% per annum, as well as liquidated damages set at a flat rate of 12% per annum.

Article 11
The tenant bears all risks of loss or damage to the rented equipment, as well as all harmful consequences of the use of the rented property, regardless of the causes, with respect to all persons or property, nothing being excepted. He undertakes at his own expense to return the rented property
equipment to cover the value of the sale price in new condition (+VAT) against any damage or destruction, as well as against third-party theft, machine breakdown, fire, all rental risks, as well as for unlimited civil liability arising for him from all accidents that may befall his employees as well as third parties. He expressly releases the lessor from all liability arising from accidents that may occur during the present rental agreement, for all accidents that may be caused solely by the fact of possession or by the use of the hired equipment. In the event of damage, theft or machine breakdown, the insurance company(ies) will pay the determined compensation directly to the lessor. With regard to the provisions of this article, we refer gladly to our general terms and conditions of sale and hire on the website.

Article 12
The agreed rental price is based on a maximum usage of 8 hours per working day at a rate of 20 days per month for each machine. Any usage hour exceeding 8 working hours per day, or 160 hours per month, will be charged with a supplement equal to 1/8 per day, 1/40 per week, or 1/160 per month of the agreed rental price.

Article 13
When the tenant fails to meet their obligations, it is expressly agreed between the parties that the landlord can terminate the agreement by notifying the other party by registered post, which shall take effect on the first working day following its dispatch.

This will be the case, among other things:
– in the event of a delay of more than 8 days in the payment of the rent or of the invoices relating to supplementary hours of use;
– in case of incorrect use or misuse, or of deficient or inadequate maintenance;
– in case of subletting of the hired equipment or of assignment of the tenant's rights to a third party;
– in the event of bankruptcy or the filing of an application for an amicable or judicial arrangement.
In case of breach of contract for any of the reasons stated above, the tenant shall immediately return the rented equipment to the landlord's premises and, failing that, the landlord shall be entitled to repossess the equipment, whereby the
the costs arising from this shall be borne by the tenant, all this subject to the default interest determined in Article 10 hereof.
The termination of the agreement for any of the reasons stated above shall not give rise to any compensation whatsoever for the tenant from the landlord, whilst the tenant shall be liable for full compensation to the landlord, with damages being at a fixed rate.
is estimated at 200% of the total amount, with the landlord bearing the burden of proving any higher amount. Please also see our general terms and conditions of sale and letting on the website.

Article 14
a) The tenant expressly authorises the landlord to inform the owner of the premises where the rented equipment will be installed or used that the equipment is the landlord's exclusive property and must under no circumstances be subject to any special lien or right of retention.
of the lessor, as determined by Article 20, 1° of the Mortgage Act, nor may it be subject to an attachment order or a recovery seizure.
b) The tenant undertakes to immediately inform the landlord of any seizure made by a third party on the rented equipment and to inform any person who would claim rights on it that the equipment is the exclusive property of the landlord. Failing this, he shall indemnify the landlord for any damage that may result for the landlord from the tenant's shortcomings.
c) The tenant shall immediately inform the landlord of their state of insolvency, regardless of whether bankruptcy has been declared, as well as of any request for judicial settlement, whereby it is expressly agreed between the parties that this rental agreement shall be automatically terminated by this fact alone. In that case, the landlord shall be entitled to repossess the rented equipment, wherever it may be located, in accordance with Article 13 hereof.

Article 15
Both parties may terminate this rental agreement at any time, subject to a notice period which depends on the stipulated rental period. The following notice periods shall apply:
– for a rental period of up to 3 months: eight days;
– from 3 to 12 months: one month;
– from 12 to 24 months: two months;
– from 24 to 36 months: six months;
– from 36 to 48 months: nine months;
– more than 48 months: one year.
The notice of termination shall be given by registered post, which shall take effect on the 3rd working day after its dispatch.

Article 16
All disputes of whatever nature, which are a direct or indirect consequence of this lease agreement, shall fall under the jurisdiction of the Court of the judicial district of Antwerp, section Turnhout.

Machinery breakdown insurance

To relieve our customers of as much worry as possible, we will be offering a machine breakdown insurance policy from 1 January 2023.
We are taking out this insurance with our insurance company to relieve you as a customer as much as possible in the event of damage and/or theft of our machinery.
Agreements concerning machinery breakdown insurance:
As stated in our general terms and conditions, the hirer is obliged to insure the hired equipment against all risks.
The premium we charge for machinery breakdown insurance is 7 % of the gross hire rate and is payable in addition to the hire charge.
This 7 %, which you pay in addition to the gross hire price, also includes insurance against theft; an excess of 15 % applies to the catalogue value of the hired equipment or machinery.
The amount of this insurance is stated separately and transparently on our invoice.

Customers without a VAT number or private individuals are obliged to take out machine breakdown insurance with us.

However, the tenant with a VAT number is free to arrange this insurance themselves, but will then need to provide us/the landlord with a copy or proof of their policy before the start of the rental period. This insurance cannot be invoked retrospectively.
Each year, you have the option to take out machine breakage insurance or not, and this applies for the entire year, for all sites and all hired machines.
The insurance cannot be taken out per site and/or per machine individually.
For each damage claim, there is an uninsured excess of €3,000 excluding VAT, meaning you will pay a maximum of €3,000 excluding VAT in the event of damage.
Damage or theft must be reported to us within 48 hours via email to verhuur@molsebouwmachines.be
When theft occurs, a report must be filed with the police within 48 hours. A copy of the police report must be sent to Molse Bouwmachines.
Damage caused by abnormal or improper use is excluded from insurance cover. All wear and tear parts such as grinding wheels or drill bits and the like cannot
to be insured.
All products or materials sold are excluded from coverage.
For further information about our machinery breakdown insurance, you can always contact our rental department.
verhuur@molsebouwmachines.be