In the Netherlands
The General Terms and Conditions of Sale and Delivery for the Technological Industry, as most recently filed by the FME-CWM Association with the Court Registry of the District Court of The Hague, apply to all our offers and agreements. A copy of these conditions can be downloaded here or from www.fme.nl. Other conditions are explicitly rejected. All goods and materials shall, unless otherwise agreed, travel at the risk of the buyer or customer from the moment of dispatch.
Outside the Netherlands
General conditions for the supply of mechanical-, electrical and electronic products, as most recently issued by ORGALIM, apply to all our offers and agreements. A copy of these conditions can be downloaded here or from www.orgalim.eu.
Other conditions are expressly rejected. All goods and materials shall, unless otherwise agreed, travel at the risk of the purchaser or customer from the moment of dispatch.
Prices
All our prices are exclusive of VAT.
Freight costs within the Netherlands
Net order value | Goods dimensions | Freight costs | Small order costs |
> € 750,- | max. 800 x 1200 x 2000mm / standaard europallet | Free of charge | - |
> € 150 - < € 750,- | max. 800 x 1200 x 2000mm / standaard europallet | On account | - |
< € 150,- | max. 800 x 1200 x 2000mm / standaard europallet | On demand | € 15,00 |
Different size / longer than 2 metres or hand pallet truck |
On demand
|
- |
*The handling fee is waived for orders placed through our customer portal.
Deliveries are made in a way determined by Louis Reyners BV. Additional costs resulting from a shipping method specially required by the customer will be charged.
Freight costs outside the Netherlands
Ex Works (EXW), Zaandam.
Reclamation
Within 8 days of receipt of the goods. Returned goods can only be accepted after prior consultation. Unfortunately we cannot accept returns without our return number. Costs may be charged for return shipments. For more information, please see our website www.lr.nl.
For private purchases:
You have the right to cancel your order up to 14 days after receipt without giving any reason. You will have another 14 days to return your product after cancellation. You will then be credited for the full order amount including shipping costs. Only the return costs from your home to the shop are for your own account. These costs are approximately €7.25 per parcel, for the exact rates please consult your carrier's website. If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and - if reasonably possible - in its original state and packaging. To exercise this right, please contact us at info@lr.nl. We will then refund the order amount due within 14 days of notification of your return provided the product has already been received in good order.
Important safety aspect
Always read the operating and assembly instructions provided first.
Packaging
Included, unless otherwise stated
Payment conditions
To be agreed upon.
Copyright
All rights to the materials and information contained in this catalogue are owned by Louis Reyners BV. Without the express written permission of Louis Reyners BV, you may not use these materials and/or information for further publication or commercial use.
Changes
Price and assortment changes reserved.
General conditions of sale and delivery for the technological industry (In the Netherlands)
Issued by Vereniging FME, filed at the Office of the Clerk of the District Court in The Hague on 13 May 2022 under number 13/2022.
© Vereniging FME/FME Advocaten 2022 (www.fme.nl)
General conditions for the supply of mechanical, electric and electronic products (Outside the Netherlands)
Additional reservation for purchase and delivery
We must point out that both the price and the delivery time in our offers/orders are based on today's conditions. The conditions are very unstable. For the price it is important that we are confronted with cost increases every day. Especially the prices of products made of steel, aluminium, polyester and nylon. Freight costs, too, are still unstable and cause the cost of products to rise considerably. We have to stipulate that quotations we issue and orders we confirm are subject to the express condition that we will be entitled to increase the price specified in the quotation, in order to take account of cost increases that may occur from today onwards. Please feel free to contact us before sending your purchase order to find out what the price is at that time.
The same applies to delivery time. Delivery of raw materials and components is uncertain and is not expected to change in the coming months. We must therefore stipulate that a quotation/order is issued under the express condition that we will be entitled to suspend delivery to take account of shortages and delivery problems for raw materials and components. Unfortunately, we cannot guarantee a specific delivery date. We shall, however, make every effort to adhere to the delivery date stated in the quotation.
We can only accept purchase orders under these specific conditions regarding price increase and exceeding the delivery time.
General rental conditions
- Definitions
- In these terms and conditions, "lessor" means the private company with limited liability Louis Reyners BV based in Zaandam.
- In these terms and conditions, "tenant" means the natural person, legal entity or joint venture that has entered into a rental agreement with the lessor in relation to property owned by the lessor or is negotiating a rental agreement with the lessor.
- In these terms and conditions, "parties" shall be taken to mean the lessor and the lessee. ''Delivery'' shall mean the moment the hired item is made available ex warehouse. The term "return receipt" shall mean the moment the rented object is taken from the warehouse of delivery. "Rental time" means the day of "delivery" up to and including the day of "return collection", with a minimum of 2 days.
- In the event of differences of interpretation or any disagreement whatsoever on the interpretation of the general terms and conditions translated from Dutch or the agreement, the Dutch interpretation of the text shall apply. The parties may not deviate from the provisions of paragraph 6; any clause contrary thereto shall be null and void.
- Applicability
- Announcement of these terms and conditions may be made, inter alia, by including them (on the back of) letterhead, quotation, order confirmation, invoice or on the Internet, the lessor's website.
- Stipulations that deviate from or supplement these terms and conditions shall only be binding if they have been agreed in writing and shall only apply in each case.
- Any applicability of general terms and conditions used by the lessee is hereby expressly rejected.
- If these conditions are also drawn up in a language other than Dutch, the Dutch text shall always be decisive in the event of differences.
- Any voidability or nullity of a provision of the agreement and/or these terms and conditions shall not affect the validity of the remaining part of the agreement and/or these terms and conditions. Instead of the nullified or void part, that which is closest to what the parties would have agreed if they had been aware of the nullity or voidability shall apply as agreed.
- If the lessor does not require strict compliance with these conditions in a particular case, this shall not mean that these conditions do not apply or that the lessor loses the right to require strict compliance with these conditions in future cases, whether similar or not.
- These terms and conditions shall apply to all rental agreements of the lessor.
- Offers
- Any offer by the lessor is revocable, even if it sets a deadline for acceptance.
- All offers, quotations, cost estimates, etc. made by the lessor, both individually and in price lists, orally, in writing, by telephone, by fax, on the Internet, by e-mail or in any other way, shall be entirely without obligation and may therefore be revoked by the lessor, even immediately after the lessee has accepted the offer.
- All information and/or specifications provided with an offer, quotation, etc. shall always be approximate and shall only be binding on the lessor if this has been explicitly confirmed in writing with those words.
- If a quotation, etc. from the lessor is not accepted by the lessee in writing within 14 days or the specified period and confirmed by the lessor or a written rental agreement is signed by both parties, it shall lapse.
- Agreements
- A rental agreement shall be concluded between the parties at such time as an offer, etc. is accepted by the tenant (in good time) in writing and confirmed in writing by the lessor, or at such time as a written rental agreement is signed by the parties, or at such time as the lessor makes the hired room available to the tenant.
- Any additional agreements or changes made later shall only be binding on the lessor if he has expressly confirmed them in writing.
- Agreements made with persons not authorised to represent the lessor under the articles of association or other (intermediary) persons of the lessor shall not bind the lessor insofar as these agreements have not been confirmed in writing by the management of the lessor.
- The lessor's order confirmation shall be deemed to reflect the rental agreement correctly and completely, unless immediately indicated otherwise by fax or e-mail.
- The Lessor shall not be liable for misunderstandings, delays or improper transmission of data and announcements resulting from the use of any means of communication between the Lessor and the Lessee, or between the Lessor and third parties, insofar as they relate to the relationship between the Lessor and the Lessee, unless there has been intent or gross negligence on the part of the Lessor.
- If the lessor concludes an agreement with two or more persons or legal entities, each of these (legal) entities shall be jointly and severally liable for compliance with their obligations to the lessor under the agreement.
- The lessor is authorised to engage third parties for the implementation of the lease agreement concluded with the lessee.
- The lessor reserves the right to dissolve the lease agreement in full or in part without judicial intervention, if a prejudgment attachment or execution is levied against the lessee, if the lessee applies for a (temporary) suspension of payment, if the lessee's bankruptcy is filed for or the lessee files for bankruptcy, if the lessee applies for statutory debt rescheduling, or if the lessee dies. If the rental agreement is dissolved by the lessor on one of the aforementioned grounds, the lessee will automatically owe the lessor a penalty of €250, which is not subject to mitigation, as compensation for the internal costs incurred and loss of profit. Furthermore, the lessee shall reimburse all other costs incurred by the lessor in preparation for the performance to be delivered by him, as well as all other damages suffered by the lessor. Insofar as the lessor (on the basis of one of the aforementioned grounds) may dissolve the rental agreement concluded between the parties, he shall not be obliged to pay any damages to the lessee on any account whatsoever.
- During the rental period, all risk of the rented object shall be borne by the lessee.
- The lessor registers personal and/or business details of the lessee. The tenant hereby grants permission to the lessor to disclose to third parties the data, the knowledge of which by others than the lessor is useful and/or necessary in the context of the assignment to be carried out or in the context of good relationship management.
- Terms
- As a result of the nature of its business and its products, the lessor is to a large extent dependent on the performance of third parties (such as suppliers, transporters, other lessees and authorities), so that the lessor cannot guarantee that the rented object can be made available to the lessee completely and on time.
- The terms given by the lessor shall be based as far as possible on the circumstances prevailing at the time of concluding the agreement to let. However, they shall never be binding or final.
- If the lessor exceeds the agreed terms, the lessee shall not be entitled to dissolve the rental agreement, unless the lessor is in default for more than 30 days, after having been put in default. The lessor shall then never be liable for damages.
- If the Landlord is unable to make the Subjects available to the Tenant on time, no rental charges shall be due by the Tenant until the time the Subjects are made available to the Tenant.
- Terbeschikkingstelling van hetgehuurde:
- Tenzij schriftelijk uitdrukkelijk anders is overeengekomen, wordt het gehuurde verhuurd vanaf het magazijn van verhuurder. Het risico gaat over op huurder zodra het gehuurde het magazijn van verhuurder heeft verlaten of zodra het gehuurde ten behoeve van huurder is afgezonderd en huurder is medegedeeld dat het gehuurde voor hem ter beschikking staat. Het transportrisico is voor huurder.
- Unless expressly agreed otherwise in writing, the rented object shall be let from the lessor's warehouse. The risk shall pass to the Tenant as soon as the Subjects have left the Landlord's warehouse or as soon as the Subjects have been sequestered for the Tenant's benefit and the Tenant has been notified that the Subjects are available to him. The transport risk shall be borne by the lessee.
- Before the Subjects are made available to the Tenant, the Landlord shall draw up a delivery report on the condition of the Subjects. The delivery report will be signed by the lessor and the lessee. After signing the delivery report, the tenant cannot invoke non-conformity in respect of the hired object.
- The lessee shall take possession of the rented object as soon as the lessor presents it to him. If the lessee fails to comply with the aforementioned obligation, the lessor may, without prejudice to its authority to demand compliance, dissolve the lease agreement, in which case the lessee will automatically be liable to pay the lessor a penalty of €250, which is not subject to mitigation, as compensation for the internal costs incurred. Furthermore, the lessee shall reimburse all other costs incurred by the lessor in preparation for the performance to be delivered by him, as well as all other damages suffered by the lessor. Should the lessor dissolve the rental agreement concluded between the parties, he shall not be obliged to pay any damages to the lessee on any account whatsoever.
- Immediately after the rented object is made available, the tenant shall examine whether the rented object meets the requirements, qualifications and specifications communicated by the tenant to the lessor and/or meets the specifications desired by the tenant. If the rented property does not meet the specifications set by the claimant, the tenant shall report this in writing to the claimant immediately after making it available.
- The lessor shall not be liable for costs and/or damages arising from deviations of the rented object determined by the lessee, which deviations originate from information provided by the lessee to the lessor regarding the items to be rented.
- The assembly and disassembly of the hired equipment shall be done by the lessee, unless and insofar as explicitly stipulated or agreed otherwise.
- The lessor shall make the necessary repairs to the rented material during the rental period, with due observance of the provisions of the following paragraphs.
- If the lessor is to carry out assembly, disassembly or repair work, the hirer shall be obliged to provide all assistance that can reasonably be required, to ensure the availability of the auxiliary workers, stallages, lifting and transport equipment and other necessary material that the lessor deems necessary.
- If the Lessor assembles, disassembles or repairs the Lessor's equipment, the Lessee/Client shall bear the following costs: all costs (wages, travel and accommodation expenses, etc.) of the mechanics and/or other personnel of the lessor, in addition to all costs that may arise if the hirer/customer does not enable the lessor to carry out the assembly, disassembly or repair work at the designated time and/or to continue it on a regular basis. The additional costs that may arise due to unworkable weather. The costs of additional work including the materials required for that purpose.
- If the rental agency repairs the rented object, the costs mentioned in the previous paragraph shall not be payable by the renter/customer if this repair falls under the breakdowns as described in section 14, unless these costs were incurred because the renter/customer did not enable the rental agency to carry out the repairs at the designated time and/or to continue them regularly.
- Prices:
- The agreed rental prices are exclusive of VAT.
- Possible transport costs, shipping costs and all other costs to be incurred in connection with the (dis)delivery of the rented object, as well as insurance costs, etc., are not included in the rental price, unless agreed otherwise in writing.
- The agreed rental prices are based on the cost-determining factors at the time of the offer. The Lessor reserves the right to pass on to the Lessee any changes in cost-determining factors that arise after the date of the offer or confirmation of order, over which the Lessor cannot reasonably exercise any influence, such as, for example, increases in excise duty, social security charges, insurance premiums, toll rates, shipping/transport costs or turnover tax, up to a maximum of 25% of the agreed prices.
- Costs of additions and/or amendments to the agreement shall be borne by the lessee.
- Payment
- Payment of the rental price and, if applicable, other amounts owed by the lessee to the lessor, must be made within the period stated on the invoices. Payment shall always be made unconditionally, without discount, deduction, set-off, withholding or suspension, on any account whatsoever. The lessee shall not have any seizure of its own property.
- If the hire period is longer than one month, invoices will be issued monthly.
- Complaints relating to any invoice from the lessor must be made known to the lessor in writing, stating reasons, within 8 days of the date of that invoice, failing which the lessee shall be deemed to have accepted the invoice as correct.
- If the lessee fails to pay the amounts due to the lessor within the applicable period, the lessee shall be in default by operation of law. The non-payment on the due date of a single invoice makes the balance due of all the other, even non-matured invoices, immediately payable by right. Therein above, in the event of non-payment, as described above, the tenant loses all rights to any discounts granted.
- During his default, the lessee shall owe default interest of 1% per month or part of a month on the outstanding claims.
- In the event of extrajudicial collection, in addition to the principal sum and the default interest, the Tenant shall owe the collection costs actually incurred by the Landlord. The extrajudicial collection costs shall amount to at least 15% over the first € 5,000.00 (with a minimum of € 250.00), 10% over the excess up to € 10,000.00, 8% over the excess up to € 20,000.00, 5% over the excess up to € 60,000.00 and 3% over the excess above € 60,000.00.
- Judicial costs shall not be limited to the liquidation costs, but shall be borne entirely by the lessee, if the lessee is wholly or predominantly ruled against.
- The non-payment due date of a single invoice makes the balance due of all the other invoices, even if not due, immediately payable by operation of law. In addition, in the event of non-payment, the lessee loses all rights to any discounts granted.
- In the event of non-payment, the lessor is entitled to have the let removed at the tenant's expense. The tenant will cooperate fully to this end. The tenant waives in advance any rights of retention in respect of the rented property and will not have it attached.
- In response to a request to that effect from the lessor, which may be made prior to or during the tenancy agreement, the tenant shall pay all or part of the rent in advance or provide security for the performance of his obligations, for example in the form of a deposit or bank guarantee. Tenant shall not be entitled to set off any amount against the deposit or bank guarantee. If the deposit or bank guarantee is called on, the Tenant shall, at the Landlord's first request, make it up to the full amount. The lessor shall not be obliged to pay any interest on a deposit.
- Guarantee / insurance
- Before proceeding with performance of the lease, the lessor may always, without further justification, require the lessee to provide adequate security for the performance of his payment obligations, for example by paying a deposit or providing a bank guarantee.
- Tenant shall provide the requested security within the requested period. On expiry of the aforementioned period, the tenant shall be in default; a notice of default shall not be required. Before security has been provided and if the lessee is in default with the provision of security, the lessor may suspend his performance, while he may also dissolve the agreement without judicial intervention. In the latter case, the lessee will automatically owe the lessor a €250 fine, which is not subject to mitigation, as compensation for the internal costs incurred. Furthermore, the lessee must then reimburse all other costs incurred by the lessor in preparation for the performance to be delivered by him, as well as all other damages suffered by the lessor. Insofar as the lessor (based on the aforementioned ground) may dissolve the rental agreement concluded between the parties, he shall not be obliged to pay any damages to the lessee on any account whatsoever.
- Insofar as the security provided by the lessee is called upon by the lessor, the lessor may again require the lessee to provide adequate security for the fulfilment of his payment obligations.
- Destination and use
- The tenant shall use the rented property as a good tenant and only for a purpose for which the rented property is suitable according to its nature.
- The Tenant shall use the Subjects with due observance of the Landlord's directions and/or instructions and/or instructions for use, etc. The Tenant shall be liable for all damage resulting from not or not fully observing or complying with those directions and/or instructions of the Landlord and/or rules of use, etc.
- Ownership and condition of the leased property/ the nativeness
- The leased property is and shall remain the property of the lessor. The lessee is therefore not authorised to alienate, pledge or otherwise encumber the leased property.
- If the tenant acts in contravention of the aforementioned obligation, the tenant shall forfeit a penalty of € 250 for each day or part of a day that the breach continues, without prejudice to the lessor's right to claim performance or dissolution on account of attributable failure, as well as damages.
- If written permission for use by third parties and/or subletting is granted, the lessee must indicate in writing to whom the subletting will take place and where the location of the goods will be.
- The lessee is not free to change the nature, destination, composition or furnishing of the leased property. The lessee is also not authorised to attach or remove items to/on the leased property or to change the same without the prior written consent of the lessor. The latter may attach conditions to the granting of its consent. Anything mounted or otherwise attached to the rented property by or on behalf of the tenant after obtaining such permission shall become the property of the lessor. Dismantling by the tenant without prior written permission by the lessor is not permitted.
- Insofar as permitted by law, the parties hereby exclude the lessor from owing the tenant any compensation in respect of items touched by the tenant (with the lessor's consent) on the rented property and/or changes made to the rented property.
- Third-party clause
- The lessee of the leased equipment declares to be familiar with and, insofar as necessary, to agree that the title to the leased equipment may be or become vested in a third party or that the leased equipment may be (or become) pledged to a third party, as security for the payment of all that such third party may claim or may claim from the lessor at any time on account of rental and/or financial lease agreements or on account of any other reason whatsoever.
- Notwithstanding the existence of the present rental agreement, the Tenant shall surrender the Subjects to the third party on first demand, without the Tenant being able to invoke any right of retention, if and as soon as the third party, as owner or pledgee, demands surrender of the Subjects on the grounds of non-compliance with the Landlord's obligations towards the third party. As a result of such claim, the present lease contract shall be legally terminated with immediate effect. Delivery as aforementioned shall take place at the offices of the third party or at a location designated by that third party.
- If the third party is the owner of the leased equipment (or has acquired ownership as a former pledgee) and the third party wishes to continue the present lease, the lessee shall be obliged, at the first request of the third party, to conclude a lease agreement with the third party for the remaining term of the present lease and under identical conditions.
- Insofar as the present lease agreement is concluded earlier than the aforementioned rental and/or financial lease agreement between the lessor and the third party as owner, the effect of Section 7:226 of the Dutch Civil Code between the parties is excluded. In that case, even after the sale of the leased property by the lessor to the third party, followed by the aforementioned rental and/or financial lease agreement between the lessor and the third party, the present lease agreement between the lessor and the lessee shall remain in force.
- The third-party clause included above in paragraphs 1 to 4 cannot be revoked by either the tenant or the lessor.
- Verplichtingen huurder
- The tenant is obliged to insure the rented property with a reputable insurance company against all insurable damage and to keep it insured until it is returned to the lessor. The tenant's rights arising from this insurance contract vis-à-vis the insurer are here already assigned by way of assignment by the tenant to the lessor in advance; the tenant furthermore undertakes to hand over the policy to the lessor upon receipt and is obliged to hand over all premium receipts to the lessor for inspection upon the lessor's first request.
- In the event of alienation, theft or embezzlement of the rented property, the lessee shall be obliged to report this as soon as possible and to provide the lessor with a photocopy of the official report immediately afterwards. Until the date of receipt of the lessee's compensation from his insurance company and payment thereof to the lessor, the agreed rental price must continue to be paid.
- Unless the lessor has given its prior written consent, the lessee may not use the camper van at sea, on vessels and/or outside the Netherlands. If the lessee acts in violation of the aforementioned obligation, the lessee shall forfeit a fine of € 250 per day or part of a day that the violation continues, without prejudice to the lessor's right to claim performance or dissolution on account of attributable failure, as well as damages.
- The Tenant undertakes to inform the Landlord without delay of any attachment (whether conservatory or executory) of his movable or immovable property or of the Subjects, or any part thereof, of any application for a (temporary) moratorium, of any application or filing for bankruptcy, of any application for statutory debt rescheduling, as well as to allow the attaching bailiff, receiver or administrator to inspect the Lease without delay.
- Storingen
- The lessee must report any breakdowns to the lessor in writing without delay, but in any event within two (2) working days, stating the equipment number, details of the breakdown and the location of the camper van.
After a malfunction has occurred, the lessee shall not continue to use the camper van unless the lessor has agreed to this in writing. - The lessee shall ensure that the rented object is accessible and accessible. Within the Netherlands, the relevant machine shall be repaired by the lessor or on behalf of the lessor, if possible, on site or replaced by other equipment; if and insofar as the rented object is located at sea, on vessels and/or outside the Netherlands, the tenant shall, at his own expense, have the rented object repaired by the lessor or a third party to be designated by the lessor. If necessary, the Hirer must also replace the camper van at his own expense.
- In the event of malfunctions lasting longer than one day after the malfunction has been reported to the lessor by the tenant in accordance with the provisions of paragraph 1 of this article, and the lessor has been able to take cognisance of such report, as a result of which the rented object cannot be used by the tenant, the tenant shall not owe any rental fee for the period during which the rented object is not usable by him.
Whether or not the hired room is usable shall be at the discretion of the lessor. - If breakdowns are caused by damage to and/or improper and/or incompetent use or failure to comply with the Tenant's obligations referred to above in Article 10 paragraph 2 and/or Article 13 paragraph 1, the provisions of paragraph 4 of this Article shall not apply.
- Damage to the rented object, other than damage caused by normal wear and tear during normal use, shall be at the tenant's expense. In addition, the costs of replacement/repair of damaged, missing or broken parts shall be borne by the hirer. Until the date of receipt of the indemnity by the lessee from his insurance company and payment thereof to the lessor, the agreed rental price shall continue to be paid.
- The lessee must report any breakdowns to the lessor in writing without delay, but in any event within two (2) working days, stating the equipment number, details of the breakdown and the location of the camper van.
- Termination
- If the tenancy agreement has been entered into for a definite period, it can only be terminated by the lessor prematurely in writing, subject to a notice period of 2 days.
- If the tenancy agreement has been entered into for an indefinite period, it can be terminated by both parties by registered letter against the first day of a calendar month, with due observance of a notice period of at least 2 days.
- Teruggave na eindehuurovereenkomst
- Unless otherwise agreed in writing, the Tenant shall return the Subjects to the Landlord cleaned and - apart from normal wear and tear of the Subjects when used as a good tenant - in their original condition by placing them at the Landlord's warehouse where the Landlord made the Subjects available to the Tenant during the Landlord's normal opening hours and no later than on the day on which the Lease Contract ends by expiry of the agreed Lease Period or otherwise.
- Furthermore, the Tenant shall return to the Landlord, in the manner and at the time described in Article 17.1, any parts of the Subjects that may have become vacant during the rental period, inter alia as a result of maintenance carried out by the Tenant.
- If the Tenant fails to make the Subjects available at the place and on the date applicable to him, the Tenant shall be in default without notice of default being required. In such case, the Tenant shall forfeit a penalty of €250 for each day or part of a day that the Tenant fails to make the Subjects available to the Landlord at the location applicable to him. In addition, the lessee shall compensate all damages incurred by the lessor. Furthermore, the lessor shall then be entitled, and is hereby expressly authorised by the lessee, to enter the place where the hired room is located in order to take possession of the hired room. The associated costs shall be borne by the lessee.
If, after the return of the camper van, it appears that the camper van has been damaged and/or not cleaned, the lessee shall be liable for the damage the lessor has suffered and/or will suffer as a result.
- Aansprakelijkheid
- The tenant shall promptly take appropriate measures to prevent and limit damage to the rented object. The lessee shall immediately inform the lessor if such damage occurs or threatens to occur.
The Tenant shall be liable to the Landlord for all damage to the Subjects, unless the Tenant proves that such damage cannot be attributed to him, his staff and the (other) persons for whom the Tenant is liable.
The tenant shall indemnify the lessor against any fines or penalties imposed on the lessor as a result of the tenant's conduct or negligence. The Tenant shall reimburse the Landlord for the costs incurred by the Landlord in defending claims for the fines or penalties referred to herein. - The landlord shall not be liable for damages resulting from a defect. Landlord's liability is also otherwise excluded. In the event of a defect, the Tenant cannot claim rent reduction, dissolution of the Lease, suspension and set-off, except for the authority to set-off as referred to in Article 7:206 paragraph 3 of the Civil Code. The Tenant shall indemnify the Landlord against third-party claims for damages and shall reimburse the costs incurred by the Landlord in defending such claims for damages.
- The provisions of article 18.4 shall not apply in the following circumstances:
- If the damage or the defect is the direct result of intent or deliberate recklessness on the part of the Lessor or its management subordinates;
- if the lessor was aware of a defect when entering into the rental agreement and did not make any further arrangements with the tenant in this regard;
- if the lessor should have been aware of a defect at the time of entering into the agreement to let or the tenant could or should have been aware of it, partly in view of his duty of investigation as referred to in article 6, paragraph 4.
- The tenant shall be liable for damage resulting from alterations and additions made by him or on his behalf. The tenant indemnifies the lessor against claims from third parties for damage caused by changes and additions made by the tenant.
- During the rental period, the risk of theft, embezzlement, loss and damage to the camper van shall be borne by the lessee, also insofar as the camper van is actually wholly or partly under the control of a third party. The lessee shall be obliged to insure this risk at its own expense with a reputable insurance company and to keep it insured until the moment the hired object is returned to the lessor. The Tenant's rights arising from this insurance contract vis-à-vis the insurer are hereby assigned by the Tenant to the Landlord in advance.
- The tenant shall promptly take appropriate measures to prevent and limit damage to the rented object. The lessee shall immediately inform the lessor if such damage occurs or threatens to occur.
- Indemnification
- The lessee shall fully indemnify the lessor against any form of liability (damages and/or consequential damages) that might rest with the lessor against third parties caused by or otherwise related to the leased property, insofar as such liability does not rest with the lessor under these conditions.
- Force majeure
- For these purposes, force majeure ("non-attributable shortcomings") shall mean: any circumstance beyond the control of the parties as a result of which compliance with the rental agreement cannot reasonably be required (or can no longer be required) from the lessor by the lessee.
- Force majeure of the lessor shall in any case mean: strike, absenteeism of the lessor, transport difficulties, fire, government measures, business interruptions at the lessor, problems at auxiliary persons, involuntary breakdowns or impediments which make the performance of the agreement more costly and/or difficult, such as storm damage and/or other natural disasters, as well as non-performance ("attributable shortcomings") by other lessees of the lessor or auxiliary persons of the lessor or of suppliers as a result of which the lessor cannot (or can no longer) fulfil its obligations to the lessee (in a timely manner).
- If a situation of force majeure occurs, the lessor may suspend the performance of the lease or dissolve the agreement definitively; the lessee may do so, but only after the lessor has failed to fulfil its obligations for 30 days after written notice of default. In case of dissolution in case of force majeure, the landlord shall not owe any damages.
- The lessor may claim payment for the performance of the relevant agreement before the circumstance causing force majeure became apparent.
- The lessor may also invoke force majeure if the circumstance causing the force majeure occurs after his performance should have been delivered.
- Legal claims, applicable law and disputes
- This agreement is governed by Dutch law.
- All disputes which may arise between the parties and which fall within the competence of the civil sector of a court of law ("procurator litis") shall in the first instance be exclusively settled by the (interim relief judge of the) District
- Court of Amsterdam, subdistrict sector, location Amsterdam, unless the lessor prefers to bring the case before the court of the lessee's place of residence or establishment or the parties agree on another form of dispute resolution.
- The language of the proceedings shall be Dutch.