General Rental Conditions 01/08/2023

RT Rent hereinafter referred to as the lessor

ARTICLE 1: APPLICABLE TERMS AND CONDITIONS:

As explicitly provided for in the rental agreement, the rental contracts are exclusively governed by the current general terms and conditions. All stipulations to the contrary (including any general terms and conditions of the tenant) are considered unwritten, unless expressly accepted by the landlord. Insofar as there is nevertheless acceptance, the current general terms and conditions apply at least in an additional manner. In the event of replacement, for whatever reason, of the rented equipment, these terms and conditions remain in full force. The landlord never acts as a contractor or subcontractor of the tenant.

ARTICLE 2: OFFERS:

Offers are made without any obligation on the part of the lessor. The weights, dimensions, capacities and other data included in catalogues, prospectuses, advertisements, images and price lists are only approximate. These data only bind the lessor insofar as the agreement explicitly states this. Each quotation is only valid for 10 days and subject to the availability of the equipment. If the offered crane is not available, the lessor has the right to make an equivalent crane available, without this giving rise to a right to price reduction or compensation on the part of the lessee. The agreement will only be concluded after the rental agreement has been signed by both parties. The parties accept and acknowledge the sending of the contracts by e-mail as original. The lessor also reserves the right, within 2 days after receipt of the signed and duly completed contract, to waive the execution of the agreement without being obliged to do so and without this giving rise to a right on the part of the tenant. arises on compensation. The delivery of the crane implies the unconditional acceptance of the lessor's general terms and conditions, as last communicated by him. No document or general or special terms and conditions that deviate from the contract conditions of the lessor are enforceable against him if they have not been expressly signed by him for approval.

ARTICLE 3: DURATION:

Unless otherwise specified, all rental contracts are entered into for a limited duration. However, the lessor reserves the right, after the expiry of the originally agreed term, to terminate the agreement and to repossess its equipment. The rental period starts as soon as the equipment has been made available to the Hirer. The rental period ends when the rented equipment is returned to the Lessor. . In any situation for which the cause is not attributable to the Lessor, the exceeding of the originally planned rental period will be invoiced additionally. In any case of an imminent exceeding of the rental period, the Hirer must always request an extension from the Lessor before the end of the rental period. The Lessor reserves the right at all times not to agree to the extension of the rental period.

ARTICLE 4: TERMINATION OF THE AGREEMENT:

Non-compliance with the contractual conditions or non-payment of invoices on their due date, as well as the bankruptcy of the tenant, liquidation or judicial composition, entitles the lessor to consider the agreement terminated by operation of law and without prior notice of default and to terminate its equipment. to remove.

ARTICLE 5: DELIVERY TERMS:

The indicated delivery times or delivery date are only given by way of indication. In the absence of delivery or in the event of a delay, regardless of the cause, the lessee cannot claim any form of compensation. Change of delivery date at the request of the tenant is only possible in consultation with the landlord.

ARTICLE 6: DELIVERY AND COLLECTION:

The lessor delivers the equipment in a good working condition, which is checked by the lessee upon receipt. The lessee is not permitted to take the materials to a different location than specified. The lessee is obliged to take all necessary measures to enable a problem-free delivery. In calculating the cost price, we have assumed that the place of delivery is suitable and easily accessible. The tenant must always be present at the time of delivery. If the tenant is not present, the delivery note is signed by the lessor, and the tenant accepts to have received the materials in good condition. The renter's liability begins with delivery or collection and ends with collection or return. The material made available is provided with the manual. If the manual is not present with the material, it is up to the customer to inform the Lessor that this is not the case. Upon delivery of the material and accessories, the hirer has taken note of the user manual and maintenance instructions. These can be consulted online at any time. The tenant is responsible for cleaning the materials. The rented materials are cleaned and refueled by the tenant before returning them. If this is not met, the lessor will clean and/or refuel and charge the costs in accordance with the price list of RT Rent. The place of collection and the place where the materials must be returned will be determined by the lessor. During the rental period, the lessor cannot be regarded as the custodian of the equipment. This also applies to any fines resulting from the use of the material. The Hirer therefore acknowledges that he cannot hold the Landlord responsible for damage and undertakes to indemnify the Landlord against any complaint by third parties about any damage of any kind. Any Hirer who refuses to accept the delivery of the material due to the fact that the delivered material is not in conformity with his order, must provide proof of this. If the Hirer fails to do so, he is obliged to pay the costs of the transport (there and back), in addition to the rental price. The tenant can collect the materials on his own responsibility with his own means. He must do so by proper and legally permitted means. The lessee is not permitted to take the materials to a different location than specified. The Hirer remains bound by the obligations arising from the contract until the effective return to the Lessor. He therefore remains the manager of the rented equipment and undertakes to keep it under surveillance. The equipment is not considered returned and legal authority transferred to the Lessor until the Lessor signs a return slip. In the event of non-return of the rented equipment at the end of the rental period without justification by the Hirer, the Lessor will assume that it has been unlawfully disposed of and a complaint will be lodged with the competent authorities. Where appropriate, a written reminder will be sent to the Lessee. In the absence of return of the rented equipment within the period indicated in the reminder, the replacement equipment will be invoiced to the customer on the basis of the new value in the manufacturer's catalogue.

ARTICLE 7: OBLIGATIONS OF THE TENANT:

The lessee undertakes not to overload or damage the rented equipment and to use and maintain it with due diligence. The lessee shall use the equipment in accordance with the provisions of the instructions for use, technical sheet or brochure, of which he declares to have received a copy upon receipt of the equipment. He will take care not to exceed permitted loads. The renter will not use the excavator as a hoist. If he has not been given this manual, he will immediately request a copy from the lessor in writing. The Hirer takes all steps with the competent authorities to obtain approval to transport and/or park the rented equipment on public roads. He undertakes to use the material in accordance with the existing regulations, taking into account the nature of the soil and subsoil, the rules of the public domain and the environment. The material may be used daily, in accordance with the current general terms and conditions and the agreed period. The Hirer must ascertain the capacities, qualifications and competences of its personnel. The use of the material requires prior training. By signing the agreement, the Hirer expressly acknowledges that he is aware of the content of the need for prior training. It is the Lessee's responsibility to present the necessary evidence and certificates regarding the necessary training in the event of an inspection by the competent authorities. The Hirer is solely responsible for making the necessary safety instructions available to his appointees, subcontractors or anyone to whom he makes the equipment available. The Hirer is solely responsible for ensuring that its appointees and subcontractors observe the necessary safety measures and wear the necessary personal protective equipment (PPE) when working with or in the vicinity of the equipment. If the Hirer has any doubts whatsoever about the safety when using the rented machines, he is obliged to stop the work and is obliged to immediately consult with the Lessor to determine the most appropriate course of action that puts safety first. It is prohibited to disable or circumvent the safety functions provided by the equipment. The Hirer is responsible for ensuring that this is not done under any circumstances by its appointees or subcontractors. The Hirer is obliged to take the necessary measures to prevent theft and vandalism. The material may not be used in aggressive or corrosive conditions such as salt; acids; oils or other corrosive substances, without the prior consent of the Lessor. The Hirer is obliged to protect the equipment against overloading and damage. The Hirer must use appropriate fuel and additives of good quality. If the Hirer uses the machine in asbestos, he must inform the Lessor in writing before the start of the rental and the Lessor must expressly agree to this in writing. Conditions may be linked to this permission, such as the submission of the necessary certificates and proof of adequate training and competences to handle these materials as well as with regard to the cleaning of the material. However, the Landlord is at all times free to refuse permission without any justification being required. In the absence of obtaining permission from the Lessor or in the event of non-compliance with the imposed conditions or applicable legal provisions, the liability of the Lessee is jeopardized and it exposes itself to legal prosecution. The renter must comply with local and national legislation. From the receipt to the collection or return of the materials, all fines are incurred; taxes and levies payable by the tenant. The hirer must observe the following actions outside the hours of use, station the equipment in a locked place, do not keep the key and papers with the equipment, Lock the equipment with the key.

ARTICLE 8: DAMAGE – LIABILITY

Only the Hirer is responsible for all damage caused by the material to persons or things. Even if the operator was made available by the Lessor. The Hirer is obliged to return the material in the same condition as when it was delivered. Damaged returned equipment will be repaired by the Lessor at the expense of the Hirer. If repair proves impossible, the replacement material will be invoiced to the customer on the basis of the new value in the manufacturer's catalogue. The lessor has the right to draw up a damage assessment within 5 working days after the return, which will be substantiated by means of photos and a report. The tenant has 5 working days to contradict this in writing and to inspect this damage. After this period, the tenant agrees to this damage and the resulting costs. Any defects in the rented goods must be reported upon delivery. The hirer is strictly forbidden to make further use of the equipment after defects or damage have been established. The tenant is also prohibited from carrying out repair work or having it carried out without prior written permission from the landlord. If he does so anyway, he will be liable for the correct execution of this repair and he will under no circumstances be able to recover these costs from the lessor. The lessee is generally responsible for all risks and accidents caused by or to the rented equipment, whatever the cause may be, also vis-à-vis third parties, with the exception of damage to the equipment resulting from normal wear and tear or construction error. Machine breakage insurance is also included in the rental price. This insurance covers damage to the equipment during the entire rental period. An exemption per individual claim according to the policy remains at the expense of the tenant. The lessee can obtain a copy of the respective cover conditions from the lessor upon simple request. The tenant remains fully and exclusively liable for all damages that are not covered by the insurance taken out by the lessor. Also excluded from warranty and insurance: tyres, air hoses, oil pipes, lighting and cosmetic damage, batteries, broken glass, mirrors and vandalism. In the event of a claim or accident, all salvage costs, towage costs and/or breakdown recovery costs remain at the expense of the Lessee. The lessee is responsible for the deductible or repair cost of the material, regardless of the cause of the damage. The hirer shall compensate the damage for which he is responsible and which is not covered by the lessor's insurance, and shall indemnify the lessor against any complaint or claim of any kind arising from the use, possession or intention of the equipment, here including any claim for damages for continuous or successive damages. If the key(s) of the rented equipment is lost, a fixed amount of € 50/key will be charged. The lessor can in no way be obliged to pay compensation for immobilization of the equipment as a result of theft, damage or defect. In case of theft, the renter must immediately report this to the police. The tenant is obliged to provide a copy to the landlord. If the hirer fails to file a declaration and have a report drawn up, the cover will lapse and the materials and all costs will be charged to the hirer.

ARTICLE 9: PRICES – INVOICING – PAYMENTS

The rental price is based on normal use of 8 hours per working day or 40 hours per week and excluding the crane operator. Every day started must be paid. On the basis of the built-in hour counter, it can be read when and for how long the materials are used. The rental price is determined according to the rates stated on the website. The lessor reserves the right to adjust these rates without prior notice. The landlord has the option to demand payment of the rent, plus a deposit, before the start of the rental period. Any rental extensions must also be paid in advance. If a credit limit is granted, invoices will be made after the end of the rental or monthly in the case of long-term rentals. These invoices must be paid in accordance with the invoice conditions and no later than the due date stated on the invoice. In the absence of payment on the due date, a late payment interest of 1% per month is due by operation of law and without prior notice of default. In addition, each amount due is increased by operation of law with a compensation clause of 10% with a minimum of 125 euros, without prejudice to the right of the Lessor to prove higher damage and to claim compensation for this. Invoices that are not contested by registered letter within 8 days after they have been sent are considered to be definitively accepted.

ARTICLE 10 : SETOFF AND RETENTION OF TITLE

Set-off will take place automatically and by operation of law, without prior notice of default or judicial decision, notwithstanding any transfer of rights to which they relate, in the event of the opening of insolvency proceedings (bankruptcy, judicial composition, liquidation) or in the event of an attachment or any other another case of convergence. In the event of bankruptcy or judicial composition, all permitted payment facilities will also lapse by operation of law and without prior notice and the set-off will also be applied to these amounts. In application of art. 14 and 15 of the Law on financial securities and containing various tax provisions relating to surety agreements and loans relating to financial instruments, this set-off will be enforceable against the other creditors of the debtor. The lessee hereby irrevocably and specifically acknowledges that the delivered good always remains the property of the lessor, during the entire rental period in case of rental and in case of sale, until the purchase price in principal and accessories has been paid in full; Until then, the customer is not entitled, under penalty of liability, to pledge or transfer the goods to third parties, or to transfer them, and he must oppose any seizure, as well as notify the lessor of this in writing by return. Under no circumstances may the good be the subject of any kind of surety, pledge, sublease, borrowing, transfer of rental rights or other by the customer. In the event of conservatory or executive attachment of the property or any other possible infringement of the property right, the customer is obliged to inform the lessor within 24 hours, under penalty of liability, and to immediately declare the retention of title to the attaching party. The rented equipment is the full and indivisible property of the lessor. If the rented equipment is located in a building of which the lessee is not the owner, he will, under penalty of immediate termination, have the latter sign a statement informing him that the equipment in question is the exclusive property of the lessor and that he will accordingly cannot assert any right thereto. The lessor will affix a plate to the rented equipment stating that he is the owner. The lessee will not remove this plate or have it removed from the equipment and will ensure that it is always clearly legible. Any costs of any kind, including fees, legal and administrative costs, which the lessor is forced to incur in order to safeguard his property rights to the materials, must be reimbursed by the lessee at his first request, with substitution, if necessary, with exercise of the rights of this last. Without prejudice to the lessor's right to assert his property rights against the lessee or a third party, the lessee is obliged, in the event of any non-compliance with the provisions referred to in this article, to indemnify the lessor, in in case of sale, up to the new value of the crane, and in case of rent, up to the actual value, plus all unpaid rental amounts.
in the event of a seizure or any other event of concurrence. In the event of bankruptcy or judicial composition, all permitted payment facilities will also lapse by operation of law and without prior notice and the set-off will also be applied to these amounts. In application of art. 14 and 15 of the Law on financial securities and containing various tax provisions relating to surety agreements and loans relating to financial instruments, this set-off will be enforceable against the other creditors of the debtor. The lessee hereby irrevocably and specifically acknowledges that the delivered good always remains the property of the lessor, during the entire rental period in case of rental and in case of sale, until the purchase price in principal and accessories has been paid in full; Until then, the customer is not entitled, under penalty of liability, to pledge or transfer the goods to third parties, or to transfer them, and he must oppose any seizure, as well as notify the lessor of this in writing by return. Under no circumstances may the good be the subject of any kind of surety, pledge, sublease, borrowing, transfer of rental rights or other by the customer. In the event of conservatory or executive attachment of the property or any other possible infringement of the property right, the customer is obliged to inform the lessor within 24 hours, under penalty of liability, and to immediately declare the retention of title to the attaching party. The rented equipment is the full and indivisible property of the lessor. If the rented equipment is located in a building of which the lessee is not the owner, he will, under penalty of immediate termination, have the latter sign a statement informing him that the equipment in question is the exclusive property of the lessor and that he will accordingly cannot assert any right thereto. The lessor will affix a plate to the rented equipment stating that he is the owner. The lessee will not remove this plate or have it removed from the equipment and will ensure that it is always clearly legible. Any costs of any kind, including fees, legal and administrative costs, which the lessor is forced to incur in order to safeguard his property rights to the materials, must be reimbursed by the lessee at his first request, with substitution, if necessary, with exercise of the rights of this last. Without prejudice to the lessor's right to assert his property rights against the lessee or a third party, the lessee is obliged, in the event of any non-compliance with the provisions referred to in this article, to indemnify the lessor, in in case of sale, up to the new value of the crane, and in case of rent, up to the actual value, plus all unpaid rental amounts.

ARTICLE 11: REPAIRS - MAINTENANCE - FAULTS

The lessee must take care of and carry out daily maintenance in accordance with the manufacturer's instructions. Among other things, applying grease to all pivot points, the water level, the engine oil, the hydraulic oil, the battery must be checked daily. In the event of damage, breakdown, defect, error message or faulty operation, the hirer will immediately bring the materials to a halt, switch them off and put them out of use. Damage due to wear and tear or defect must be reported to the lessor by e-mail within 2 hours. The lessor reserves the right to carry out repairs, maintenance or replacement of parts at any time, subject to simple notification of the planned intervention. The Hirer may not carry out any repairs without the prior written consent of the Lessor. The personnel of the lessor or those appointed by him shall be authorized to enter the site at any time and without prior notice in order to carry out his checks. The lessee will provide the requested cooperation in this respect. If the cause of a technical or electrical malfunction or defect specific to the materials results from wear and tear, the lessor will bear the costs of the repair. The malfunctions will be remedied by the lessor as soon as possible. Except in case of force majeure, if the materials can no longer be used due to such a defect, the same material or device will be made available or a credit note will be drawn up for hours that the materials are unusable. The Hirer must return the damaged material to the Lessor recognizably and in full. The equipment, accessories, service parts, removable elements are excluded from warranty and insurance and will be invoiced at replacement price in case of loss, theft or damage. All damage caused to the equipment under the following circumstances is not covered by warranty and insurance: failure to observe the conditions of use and safety, failure to respect the guidelines and prohibitions mentioned, failure to respect the regulations in force is, use by an incapacitated person or person under ethyl alcohol, narcotic or other influence, use for unlawful purposes or purposes inconsistent with the purpose, neglect or fault of the Hirer. The use and transport of the machines on water is not permitted unless this is expressly reported in writing in advance and approved by the Lessor. Damage caused by fire to the appliances (due to an external cause) is only insured insofar as there is no intervention from any other policy. In the event of damage to the building due to fire, the tenant's fire insurance is liable.
price in case of loss, theft or damage. All damage caused to the equipment under the following circumstances is not covered by warranty and insurance: failure to observe the conditions of use and safety, failure to respect the guidelines and prohibitions mentioned, failure to respect the regulations in force is, use by an incapacitated person or person under ethyl alcohol, narcotic or other influence, use for unlawful purposes or purposes inconsistent with the purpose, neglect or fault of the Hirer. The use and transport of the machines on water is not permitted unless this is expressly reported in writing in advance and approved by the Lessor. Damage caused by fire to the appliances (due to an external cause) is only insured insofar as there is no intervention from any other policy. In the event of damage to the building due to fire, the tenant's fire insurance is liable.

ARTICLE 12: FORCE MAJEURE

In any case, the renter bears the risk of force majeure. Only the renter is liable for all damage caused by or with the material to persons or things. Fines, notices of default, complaints are the responsibility of the tenant as well as the costs that these entail. The lessor is indemnified by the lessee against all costs, complaints or damage by third parties. The renter is liable for all approvals with the necessary authorities. He undertakes to use the materials in accordance with local regulations. The lessee moves or parks the materials on public roads in accordance with the legal regulations. All compensations or fines resulting from violations and/or infringements are at the expense of the renter.

ARTICLE 13: JURISDICTION – APPLICABLE LAW

In the event of a dispute, only the Courts of the judicial district where the registered office of the lessor is located are competent. The rental agreement is subject to Belgian law.