RWL-AlgemeneVoorwaarden 2022-ENG - Flipbook - Page 1
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
GENERAL TERMS AND CONDITIONS – RENTAL
1.
2.
2.1.
2.2.
2.3.
3.
3.1.
3.2.
Version 2022.1
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5.
5.1.
DEFINITIONS
In these General Terms and Conditions, capitalized terms have the
following meanings:
a. Airside: designated area of airport used for take-off, landing, runways,
taxiways, parking and other areas where aircraft operations are carried
out;
b. GDPR: General Data Protection Regulation 2016/679.
c. General Terms and Conditions: these General Terms and Conditions
of the Lessor.
d. Daily Maintenance: the regular maintenance as described in the
relevant service manual provided to the Lessee at the same time as
the delivery of the Equipment, such as the re昀椀lling of lubricants and
liquids in accordance with the instructions and recommendations of the
manufacturer or the Lessor.
e. EU Motor Vehicle Insurance Directive: Directive 2009/103/EC of
the European Parliament and of the Council of 16 September 2009
relating to insurance against civil liability in respect of the use of motor
vehicles and the enforcement of the obligations to insure against such
liability, and the subsequent directives.
f. Dispute: any dispute arising in connection with these General Terms
and Conditions or any Agreement or resulting agreements, including
disputes relating to the existence, validity and/or termination thereof.
g. Rent: the agreed rent for the Equipment plus all rent-related costs
such as, but not limited to, transport costs, Riwal scheme for buying off
liability, buying off excess, incidental repairs, storage, fuel, hydraulic oil
and/or lubricants, any storage for agreed urgent deliveries. The Rent is
exclusive of VAT or any other applicable tax or 昀椀scal levy.
h. Lessee: the Party requesting, ordering, hiring and/or receiving the
Equipment leased by the Lessor.
i. Equipment: all access platforms, telescopic cranes, power generators,
forklifts, containers, spare parts and all other products of the Lessor.
j. Agreement: any agreement, (purchase) order or order con昀椀rmation
under the terms of which and/or contracts on the basis of which the
Lessor leases Equipment to the Lessee.
k. Party: means the Lessor or the Lessee, depending on the context.
l. Parties: means the Lessor and the Lessee jointly.
m. Personal Data: all data about an identi昀椀ed or identi昀椀able natural
person.
n. Lessor: the entity that leases the Equipment as speci昀椀ed in the
Agreement.
o. Due Date: the day on which the rental period ends.
p. Processing: every act or totality of acts with respect to Personal Data
in accordance with the GDPR.
APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all Agreements, as well as
to all requests, quotations, offers, instructions, contracts, con昀椀rmations
and other transactions between the Parties in connection with the lease of
the Equipment by the Lessee.
The Agreement and the General Terms and Conditions constitute the
entire and only agreement and arrangement between the Parties in
respect of the subject matter thereof. The Lessee explicitly waives any
reference to the applicability of the general terms and conditions of the
Lessee and these are expressly rejected by the Lessor.
In the event that the Parties to the Agreement have agreed upon explicit
conditions that are inconsistent with these General Terms and Conditions,
the conditions set out in the Agreement shall prevail.
OFFER AND ACCEPTANCE
All offers and proposals of the Lessor are non-binding and may be
revoked at any time unless otherwise speci昀椀ed in writing by the Lessor. All
prices in offers and proposals made by the Lessor are expressed in Euros
or in any other currency if this is agreed in writing by the Lessor.
Agreements are binding only if they have been expressly accepted by
an authorized representative of the Lessee, which acceptance must be
con昀椀rmed in writing by the Lessor or must appear from the ful昀椀lment of the
Agreement by the Lessor.
TERM
An Agreement is entered into for the term as speci昀椀ed in the Agreement
and for the Rent agreed or speci昀椀ed in the Agreement, or as otherwise
agreed in writing.
RENT AND PAYMENT
The Rent is based on the use of the Equipment in units of the number
of hours per day and the number of working days per week, which
consequently results in a number of operating hours of the Equipment per
week. If the Equipment is used for more than 40 (forty) operating hours
5.2.
5.3.
5.4.
5.5.
5.6.
6.
6.1.
6.2
6.3
7.
7.1.
7.2.
7.3.
7.4.
8.
8.1.
8.2.
8.3.
8.4.
per week (or its pro rata equivalent if the Equipment is leased for a shorter
period), the agreed Rent will accordingly be increased proportionally.
The Rent is due for the entire term of the Agreement. The Lessor has the
right at any time to require the Lessee to make entire or partial advance
payment of the Rent and/or to provide security.
The Rent must be paid by the Lessee within 30 (thirty) days of the
invoice date, unless another period is agreed in the Agreement, into a
bank account of, and designated by, the Lessor. All payments made by
the Lessor and all payments made to the Lessor under any Agreement
shall take place in Euros or in any other currency agreed by the Lessor in
writing.
The Lessee is not entitled to hold or deduct any payment from or to
compensate for any amounts owed to the Lessor.
The Lessee must submit claims regarding invoices to the Lessor in writing
within 14 (fourteen) days after the invoice date, in the absence of which
the Lessee can no longer invoke inaccuracies in the invoices. Failure by
the Lessor to mention an order number on the invoices does not release
the Lessee from its payment obligations to the Lessor.
The Rent can be unilaterally modi昀椀ed by the Lessor if the costs of the
Lessor (including, without limitation, transport costs) increase as a result
of changes in laws and regulations or changes or delays caused by the
Lessee. Any 昀椀nes imposed on Lessor for traf昀椀c violations and/or other
infringements involving the Equipment during the term of the Agreement,
will be charged to the Lessee.
INTEREST AND COSTS
If the Lessee does not pay the Rent and/or a due amount within the period
of 30 (thirty) days referred to in paragraph 5.3, the Lessor is entitled to
send a notice of default to the Lessee, and if no payment is received
from the Lessee within 7 (seven) days from the date of the above notice
of default, all claims for the payment of the relevant outstanding amount
will be immediately and fully due and payable by the Lessee. In addition,
the Lessee is obliged to pay the Lessor a 1.5% (one and a half percent)
interest rate per month in respect of the outstanding Rent and all other
unpaid amounts (including unpaid interest) until the date of full payment,
notwithstanding any other rights that the Lessor may have under the
Agreement, these General Terms and Conditions or applicable law.
All extrajudicial and other costs incurred by the Lessor in connection with
the collection of any amounts due (including, without limitation, legal costs,
compensation for damages and/or 昀椀nes) shall be borne by the Lessee.
If the Lessee also does not proceed to full payment of the Rent and/or a
due amount after 7 (seven) days from the date the notice of default was
sent, the Lessor is entitled to terminate the Agreement immediately and
to pick up the Equipment from the location. The Lessee will provide the
Lessor with every assistance for this purpose.
DELIVERIES
The Equipment will be delivered by the Lessor to the Lessee on a date
and at a location agreed in the Agreement.
All dates speci昀椀ed by the Lessor for delivery of the Equipment are
indicative and non-binding. In the case of a subsequent delivery,
the Lessor accepts no liability for damage and/or costs of any kind
whatsoever.
If an agreed location where the Lessor should deliver the Equipment is not
accessible or is not easily accessible, the Equipment will be delivered to
address that is as close as possible to the aforementioned address. Any
resulting transport to the agreed location will be carried out by the Lessee
and is for the risk and account of the Lessee.
The risks and costs of the use, storage and retention of the Equipment
will pass to the Lessee upon delivery. These costs and risks will expire 4
(four) working days (or less if agreed in writing by the Lessor) after written
termination by the Lessee or earlier if the goods are picked up by the
Lessor.
OWNERSHIP AND SUBLEASING
The Lessor retains the (exclusive) ownership of the Equipment at all
times.
The Lessee is not permitted and has no power or authority of any kind to
sell the ownership rights of the Lessor to the Equipment, or to establish a
mortgage or pledge, or exercise any retention right or to otherwise dispose
or encumber the Equipment in any way.
The Lessee is not permitted and has no power or authority to sublease the
Equipment, unless this is approved in writing by the Lessor.
The Lessee will not violate the intellectual property rights of the Lessor
with respect to the Equipment. Trademarks, trade names and/or logos
af昀椀xed by (or on behalf of) the Lessor to the Equipment will not be
removed, covered, destroyed or deleted by the Lessee. The Lessee is not
permitted to use the Lessor’s brand name and/or logo without the prior
written consent of the Lessor.
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