RWL-AlgemeneVoorwaarden 2022-ENG - Flipbook - Page 2
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
8.5.
8.6.
9.
9.1.
9.2.
9.3.
9.4.
9.5.
9.6.
Version 2022.1
9.7.
The Lessee is not permitted to change the location of the Equipment or
agreed area of work in the case of vehicle access platforms, without the
prior written permission of the Lessor.
If third parties seize any Equipment that is subject to the ownership rights
of the Lessor, or if third parties wish to establish or assert rights on the
aforementioned Equipment, the Lessee shall (i) immediately notify the
Lessor of this in writing, (ii) provide a copy to the Lessor of the documents
available relating to this seizure, (iii) notify this third in writing that the
Lessor is the owner of the aforementioned Equipment and (iv) furthermore
do everything in its power to safeguard the interests and ownership rights
of the Lessor.
USE, MAINTENANCE AND INSPECTION
The Lessee will use the Equipment in a careful and correct manner,
consistent with the nature and purpose thereof, in accordance with all
instructions, recommendations and/or (general guidelines or speci昀椀c
instructions in) manuals of the manufacturer or the Lessor, and will ful昀椀l all
requirements of any applicable laws relating to the possession, use and
maintenance of the aforementioned Equipment.
The Lessee is responsible for the Daily Maintenance of the Equipment.
The Lessee requires the prior permission of the Lessor to perform any
repairs to the Equipment that do not fall under the Daily Maintenance.
The Lessee must ensure that only properly trained and experienced
operators and engineers use or operate the Equipment or perform the
Daily Maintenance of the Equipment, and that the Equipment is operated
within the limits of safe operation in accordance with all applicable
occupational and other legislation in the 昀椀eld of safety. Lessee must
ensure that all operators of truck mounted equipment (a speci昀椀c type of
Equipment) are in possession of a valid drivers licence.
The Lessee is not permitted to make technical adjustments to the
Equipment and/or to modify, (temporarily) deactivate and/or otherwise
circumvent the security settings of the Equipment. The Lessee will not
change or alter the Equipment or its appearance without the express
written permission of the Lessor.
The Lessee will provide the Lessor, at its 昀椀rst request, with (a) a detailed
overview of locations where the Equipment is stored or used and (b) grant
access to the business areas where the Equipment is used in order to
inspect or take back the Equipment. The Lessee is obliged to inform the
Lessor in writing beforehand if the Equipment is going to be used:
i) on Airside or for work activities on or in the vicinity of aircraft and/or
related objects;
ii) for work activities involving (possible) exposure to asbestos or
toxic substances. Upon return of the Equipment Lessee
will provide a written declaration by a certi昀椀ed expert that
the Equipment is free from (any residue of) asbestos or toxic
substances, in absence of which the Lessee will be held liable for
all costs and damages involved with cleaning of the Equipment.
he Lessee agrees to make the leased goods available for inspection at the
昀椀rst request of the Lessor. The Lessee agrees to allow the Lessor to enter
the buildings and business areas of the Lessor where the Equipment is
located for the purpose of inspection or taking back the goods.
The costs of regular maintenance or repair work of the Equipment will be
borne by the Lessor. The Lessee will provide the Equipment to the Lessor
in good and clean condition for the purpose of regular maintenance or
repair work by the Lessor. The Lessee will make the Equipment available
to the Lessor in a workshop where the Lessor can perform maintenance
and/or repair work.
10.
DAMAGE, DEFECTS, LOSS AND NOTIFICATIONS
10.1. The Lessee will inform the Lessor within 24 (twenty four) hours of delivery
in writing of any damage to, breakdown of or defect in the Equipment.
10.2. If no damage or defect is reported to the Lessor in writing with regard
to the delivery of the Equipment within the aforementioned period of
24 (twenty-four) hours, the Equipment shall be deemed to have been
delivered without any damage and defects.
10.3. In the case of damage, misappropriation, theft or any other loss of the
Equipment, the Lessee shall notify the Lessor as soon as possible and
subsequently con昀椀rm this in writing within 24 (twenty-four) hours. In case
of misappropriation or theft, the Lessee must immediately notify the police.
A copy of the police report must be submitted directly to the Lessor.
10.4. If there is a defect or breakdown of the Equipment during the term of
the Agreement and this breakdown or defect cannot be attributed to the
Lessee, the Lessor will repair or replace the Equipment (in accordance
with what the Lessor considers appropriate).
10.5. If Lessee has caused a defect or malfunction to the Equipment due to
improper use or the failure to (correctly) carry out Daily Maintenance, the
cost of the repair is at the expense of the Lessee. The costs will include
travel hours, labor hours of mechanics and materials. If a mechanic
is called out for a malfunction to the Equipment, but no malfunction is
detected on site, the Lessee will be charged EUR 75,- for a futile ride.
11.
LIABILITY AND INSURANCE
11.1. LIABILITY OF THE LESSOR
11.1.1. The Lessor is not liable to the Lessee or anyone else
who uses or operates the Equipment or any third party at
any time, for loss and/or damage suffered by the Lessee,
unless in the case of an intentional act or deliberate
recklessness of the Lessor. The Lessor is never liable to
the Lessee or any third party for indirect or consequential
damages.
11.1.2. The Lessor is not liable to the Lessee if a failure in the
performance of the obligations of the Lessor is caused by
force majeure, negligence, intentional act or recklessness
of the Lessee, lack of timely instructions or essential
information from the Lessee or any other causes beyond
the control of the Lessor.
11.1.3. The Lessor is solely liable for damage to goods and
personal injury to the goods and persons of the Lessee
insofar as this damage is caused by a demonstrable
defect in the Equipment supplied that may be attributed
to the Lessor and which defect was already present prior
to the delivery of the Equipment to the Lessee, as a result
of which the Equipment do not work properly, or damage
is caused by an intentional act or gross negligence on the
part of the Lessor.
11.1.4. The liability of the Lessor is limited to EUR 1,000,000 (one
million Euros), unless agreed otherwise by the Lessor.
11.2. LIABILITY OF THE LESSEE
11.2.1. The Lessee shall be liable to the Lessor for, and the
Lessee shall keep harmless and indemnify the Lessor
against all damage to the Equipment, including without
limitation any damage resulting from its improper use,
destruction, theft, misappropriation, 昀椀re and otherwise,
and all claims, including all related costs, including
without limitation loss of Rent due to unavailability of
the Equipment, as well as any damage that may be
reclaimed, claimed or recovered from the Lessor insofar
as this damage derives from or relates to the Agreement
or these General Terms and Conditions.
11.2.2. In the case of misappropriation, theft or any other
loss of the Equipment or if the Equipment is damaged
beyond repair, the Lessee is liable to pay the Lessor
compensation, which compensation is (i) equal to
the current (or replacement) price of such damaged
Equipment plus replacement costs, or (ii) if the
damaged Equipment is no longer current, the current (or
replacement) price of similar equipment plus replacement
costs, notwithstanding any other compensation that the
Lessor may claim.
11.3. LIABILITY FOR DAMAGE TO/BY THIRD PARTIES (IN RESPECT OF
USE OF MOTOR VEHICLES)
The Lessee is liable for damage caused by third parties to the Equipment
from the moment of delivery up to the Due Date, or for the term as
speci昀椀ed in the Agreement. If Lessee does not apply to the Riwal Damage
Scheme (Article 12), an excess will be charged for legal liability (in Dutch
‘WA’) damages amounting to EUR 2,500 (two thousand 昀椀ve hundred
euros) per damage event.
For Equipment referred to as motorized vehicles, the Lessor has taken
out a civil liability insurance in accordance with the EU Motor Vehicle
Insurance Directive and/or any similar local legislation. The Lessor and
the insurer of the Lessor reserve all rights to claim damage caused by
third parties that are not covered by the civil liability insurance for motor
vehicles from the Lessee, for example, without limitation if:
•
The driver was under the in昀氀uence of alcohol or drugs at the time of
the traf昀椀c accident;
•
The driver was not permitted to drive according to any competent
authority.
11.4. GENERAL LIABILITY INSURANCE
11.4.1. The Lessee will take out an insurance for the leased
Equipment for its own account, which will cover third party
liability for events not described in Article 11.3.
11.4.2. The Lessee will at all times keep the Equipment - insofar
as not designated as motorized vehicles - properly insured
in accordance with applicable law, including for any liability
and/or risks caused by and/or related to the use of the
Equipment, such from the delivery of the Equipment until
the Due Date.
11.4.3. The Lessee will take out an insurance for the leased
Equipment for its own account, which will cover the liability
for events on Airside areas. Lessor’s liability insurance
excludes coverage on Airside areas.
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