Article 1: Applicability
1.1 These general conditions apply to all agreements made to hire and let movables between on the one side Hapeco Verhuurservice B.V., hereafter to be called letter and on the other side the hirer, exept if and when explicity is deviated from certain terms by written agreement.
1.2 In case the hirer applies general conditions, these will not be applicable to the relations and agreements between letter and hirer.
Article 2. Realization of the agreement made to hire and let
2.1 All quotations of letter are completely without engagement.
2.2 The agreement made to hire and let is realized by written confirmation of order by the letter. On the confirmation of order by the letter it should be mentioned which goods are let, the price which the hirer should pay, the number of goods to be let, the period of time for which the hire agreement has been made as well as the delivery adress.
2.3 The hirer can cancel the hire agreement by means of written notification to the letter at the latest 3 days before the start of the period of hire. A later cancellation will produce no effect. If before cancellation goods have already been deliverd at the delivery adress, 50% of the hire of these goods is charged to the hirer.
2.4 Letter can cancel this hire agreement at all times. The hire agreement is dissolved then without any claim for compensation resulting for the one party towards the other, subject to hirer's obligations to pay the hire.
Article 3: Delivery and acceptance
3.1 Letter is obliged to deliver to the hirer the hired goods as described in the confirmation of order before the start of the period of hire mentioned in the confirmation of order at the adress mentioned in the confirmation of order unless agreed in writing otherwise.
3.2 Along with the hired goods the letter issues a delivery note to hirer.
3.3 The hirer is obliged to accept the hired goods and the delivery note and to sign as correct, provided that the time of delivery has been made known to him.
3.4 If at the time of delivery at the addres mentioned in the confirmation of order nobody is present on behalf of the hirer to accept the hired goods, the letter has fulfilled his obligation to deliver if he has left the hired goods behind at the disposal of the hirer at the address mentioned in the confirmation of order, if possible leaving the delivery note behind. It is then considered to have been signed as correct. The hirer is liable for all damages caused by the fact that he has not accepted the hired goods in the manner as described in the hire contract.
3.5 The hired goods deliverd, c.q. left behind at the disposal of the hirer, by the letter are considered to have been inspected by hirer and found to be correct.
3.6 If the hirer is of the opinion that the hired good have not been delivered as discribed in the confirmation of order of left behind at his disposal, the burden of proof rests on the hirer with regard to these facts.
Article 4: Risk and insurance
4.1 As long as the hirer is in possession of the hired goods, they are completely for his account and risk.
4.2 Hirer is considered to be in possession of the hired goods after delivery by the letter in accordance with Article 3.
4.3 Hirer is obliged to insure the hired goods for his own account during the time that he is in possession of the hired goods.
Article 5: Liability and safeguarding
5.1 The hirer is liable for all damages, however named, caused to the hired goods during the time that he is in possession of the hired goods. Besides for this calculation of damages the value of the hired goods is based on the initial value. Besides hire is liable for all remaining damages which letter is suffering as a consequence of non-fulfilment on the part of the hirer.
5.2 Letter is only liable for damages inflicted by letter on the hirer, if the letter proves that the damages have been caused intentionally or by an equally large margin of guilt of the letter or of persons for whom letter is responsible.
5.3 Letter is not liable for damages caused by any defect in the hired goods, visible or invisible.
5.4 Hirer safeguards letter herewith explicity against all liabilities of third parties with regard to damages as meant in paragraph I of this Article.
5.5 Letter is not liable for damages, caused to objects which are left behind by hirer in cupboards, desks, show-cases and other goods to be let.
5.6 Cutting activities, when laying the floor-covering will take place only on explicit request of hirer and are completely for his account. Labour will be calculated seperately.
Article 6: Return
6.1 Hirer is obliged to return the goods after termination of the period of hire mentioned in the confirmation of order at the place of delivery, after notification of the moment of return.
6.2 If nobody is present on behalf of the hirer at that place to return the goods to letter, letter has the right to take the goods back. The hirer is liable for all damages caused as a consequence of the fact that contractory to his obligation he has not returned the goods.
6.3 Hirer is obliged to hand the goods over or leave them behind in such a way that letter can transport them in a normal manner. If the letter is of the opinion that the goods cannot be taken back, he is authorised to leave them behind. Hirer is then obliged to send the goods back to letter immediately for his own account.
6.4 If hirer fails to return the hired goods to the letter resp. fails to enable the letter to take the hired goods back after termination of the period of hire, or fails to return the goods to letter in accordance with Article 6.3 hirer owes letter an amount equal to the hire, calculated on a daily basis.
Article 7: Payment
7.1 Payment of the hirer as mentioned in the invoice should take place within 30 days of the invoice date.
7.2 Exeeding the term of payment will immediately result in the hirer to be liable, without any claim on the part of the letter being required.
7.3 If the hirer does not meet his obligation to pay, he must make a payment of intere st ad 1.5% for each month or part there'of that he fails to comply.
7.4 If the hirer does not meet his obligation to pay, all costs incurred for recovery and all damages are for the account of hirer, including the costs of legal-aid, both judicial and extrajudicial. The extrajudicial costs amount to at least 15% of the initially owed hire.
Article 8: Applicable law
8.1 Each legal relation between hirer and letter will be governed by Dutch law.
Article 9: Forum
9.1 All disputes resulting from or caused as a consequence of agreements between hirer and letter will be subjected to the judgement of the countycourt in Amsterdam, subject to the authority of the letter to state his case to the competent judge exArticle 126 of the Civil Code.
GENERAL CONDITIONS HIRE OF HAPECO RENTALSERVICE B.V. THE NETHERLANDS