1. Sale and rental of equipment, general
Delivered machines and parts, as well as any repairs made, remain the property of Hermans Heftrucks bv as long as the invoice has not been paid in full. However, from the delivery onwards the risks shall be borne by the buyer who possesses the goods. Any complaints regarding deliveries or repairs must be sent by registered letter to Hermans Heftrucks bv at the latest within 8 days following the delivery.
If the delivery date or period is not complied with, the lessee is not entitled to any compensation; however, the lessee may terminate the lease. In that case, the leased good must be returned immediately to Hermans Heftrucks bv in a good state of repair, at the latest on the final day of the lease period. At all times, Hermans Heftrucks bv has the right to replace the leased good, either entirely or partly, with another good that is as similar to the original good as possible. Upon termination of the lease, the lessee will return the machine with a full tank of petrol; if not, Hermans Heftrucks bv will fill the tank and charge the tanked litres.
In each case, the end of the lease must be announced by fax on 03/340.04.91 or by e-mail on firstname.lastname@example.org, at the latest 3 days before the end of the lease period, barring any other stipulations in the agreement. The end of the lease must be announced even if the final date was already known upon commencement of the lease. Under no circumstances are self-propelling machines allowed to be brought ‘into traffic’, not even to move them. Hermans Heftrucks bv cannot be held liable for any traffic violations and the like, committed with the leased good. The lessee himself shall bear the full criminal responsibility.
2. Price and costs
Our invoices are payable in cash in Rijkevorsel, barring any written stipulations to the contrary. The indicated prices are exclusive of VAT.
In case of non-payment, an annual 10% post-maturity interest shall be owed from the invoice date onwards, as well as a fixed compensation of 10% of the invoice amount with a minimum of 50 euros, by operation of law and without requiring any prior notice of default. If the contract cannot be executed through the fault of one of the parties, the other party shall be entitled to a compensation of 25% of the selling price.
The price of a full day is charged for any commenced lease day. Rent is owed, and therefore claimable, five workdays before the start of the lease period. The courts of the district of Turnhout have exclusive jurisdiction to handle any disputes concerning the object of the invoices.
3. Use, maintenance, repair and the like of the leased good
When the leased good is made available and returned, Hermans Heftrucks bv may request the completion of a checklist. Any damage and defects regarding the leased good must be mentioned in this checklist. Hermans Heftrucks bv shall not be obliged to deliver the leased good before the lessee has signed the checklist. Barring any damage and defects mentioned in the checklist, the lessee is considered having received the leased good in a good state of repair, with all its accessories and documents. If the leased good and/or its accessories and/or documents are damaged or missing and the lessee cannot provide these within a reasonably short period, the lessee shall owe the lease price. The lease price will also be owed if the lessee does not use the leased good.
Daily checks of the battery (batteries) and coolant and oil levels are at the lessee’s expense. At all times, the lessee must give the authorised representative of Hermans Heftrucks bv free access to its buildings and premises, to inspect the leased good or for other purposes.
The lessee must inform the lessor of any defect within 48 hours. The lessee must also report any damage, including theft, fire or glass breakage, to the police and the lessor within 24 hours of its discovery. The lessee undertakes to co-operate with the lessor in case of any investigation or legal proceedings.
By accepting the materials, the lessee acknowledges that they are in a good state of repair and suited for their intended use.
4. Liability, insurance
The lessee shall take out an insurance against damage and theft and also undertakes to inform his ‘OPERATIONAL CIVIL LIABILITY’ insurer.
Said insurance will be expressly extended to this machine. Hermans Heftrucks bv shall not be liable vis-à-vis the lessee for any damage to the properties of the lessee or third parties, caused by the good or staff made available by Hermans Heftrucks bv, unless the lessee proves that the damage is due to intent or gross negligence of Hermans Heftrucks bv itself. The lessor cannot be held liable for any road subsidence, damage,
etc., …when delivering or picking up the leased good.
The lessee is liable for any damage to the materials during the entire lease period, even if the damage is caused by a third party or an unknown party.
5. Intermediate termination
In case of a lease of materials, if the invoices are not paid in time, Hermans Heftrucks bv always has the right to terminate the lease immediately and without notice, by picking up the leased good.
Under no circumstances can the leased good be used in other locations, without the lessor’s prior permission. Any infringement upon this condition allows the lessor to terminate the lease contract immediately, without the lessee being able to claim any credits or compensation, stemming from the termination.
If the lessee’s goods are seized by a bailiff, the lessee will immediately inform the bailiff that the leased good is not its property and the lessee must immediately notify the lessor.
Hermans Heftrucks bv can always decide on an immediate intermediate termination, without any summons, notice of default or court intervention, in the following cases:
- when the lessee fails to strictly comply with one or more stipulations of the present contract.
- when the lessee’s movable and/or immovable goods or a part thereof or the leased good are seized, in any form whatsoever.
- when the lessee requests suspension of payment.
- when the lessee is declared bankrupt, dies or is placed under receivership or is allowed to establish himself outside Belgium.
- when the lessee decides to dissolve of liquidate his business, or when one or more of the lessee’s partners withdraw.
- when a permit or registration necessary for the lessee’s business is revoked and/or not extended.
- when, in the opinion of Hermans Heftrucks bv, the circumstances with the lessee result in a significantly higher risk and/or could impede the normal execution of the present contract.
- when the leased good is severely damaged or lost.
- when the maintenance and/or repair costs, at Hermans Heftrucks bv’s expense pursuant to the present contract, turn out to be significantly higher than Hermans Heftrucks bv could reasonably expect when entering into the contract.
The lessee must immediately notify Hermans Heftrucks bv by registered letter of the circumstances mentioned in the present article. Furthermore, the lessee must immediately communicate any address changes by registered letter, as well as any facts and events which may influence Hermans Heftrucks bv’s position vis-à-vis the lessee or the leased good. If Hermans Heftrucks bv did not announce its objections against the communicated facts within one month of it being informed thereof, Hermans Heftrucks bv shall be considered having consented.
An intermediate termination does not prejudice Hermans Heftrucks bv’s other rights vis-à-vis the lessee. In the event of an inter-mediate termination, all outstanding amounts become immediately due.
In the event of the lessee’s early interruption of a long-term lease contract, the conditions included in the corresponding long-term contract shall apply.
6. Other stipulations