RWL-AlgemeneVoorwaarden 2022-ENG - Flipbook - Page 3
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
Version 2022.1
11.5. LIABILITY FOR DAMAGE TO THE EQUIPMENT
The Lessee may partially buy off its liability for damage to the Equipment
for an additional charge, whereby the Lessor will waive its right of recourse
to claim the damage from the Lessee with the exception of the agreed
excess. The Riwal scheme for buying off liability, damage and waiver of
recourse are subject to the conditions as set out in Article 12.
If, prior to the Agreement, the Lessee can provide suf昀椀cient proof of
insurance for its own account to the Lessor, which insurance provides
suf昀椀cient cover for damage to the Equipment from the date of the delivery
of the Equipment up to the Due Date, all at the discretion of the Lessor,
then the Lessee is exempt from participation in the Riwal scheme for
buying off liability as set out in Article 12.
12.
RIWAL DAMAGE SCHEME
12.1. The Lessee may, subject to Article 11.5, (partially) buy off its liability
for damage to the Equipment for an additional charge to be agreed in
advance, after which the Lessor waives its right of recourse (to claim
damage from the Lessee).
12.2. The Riwal Damage Scheme is entered into by the Lessee and the
Lessor for a period of 12 (twelve) months and will therefore apply to all
Agreements between the Parties during this period. After a period of 12
(twelve) months, the Lessee and the Lessor will assess whether the Riwal
Damage Scheme is again entered into, for the same period of 12 (twelve)
months. The Lessee may terminate the Riwal Damage Scheme at the end
of a period of 12 (twelve) months in writing, subject to a notice period of at
least 30 (thirty) days.
12.3. An additional charge above the Rent (excluding VAT) applies to the Riwal
Damage Scheme. In the case of excessive or unlawful claim behaviour by
the Lessee, the Lessor may unilaterally increase the additional charge or
unilaterally terminate the Riwal Damage Scheme.
12.4. The Riwal Damage Scheme is subject to an excess. The part of the
damage that remains at the expense of the Lessee is set out in Article
12.8.
12.5. COVER
The Riwal Damage Scheme applies only:
12.5.1. in the event of damage or destruction of the Equipment
which is unintentional, unexpected and unpredictable,
occurring during normal use, i.e. use for the intended
purpose and in accordance with all operating and safety
instructions;
12.5.2. if the Lessee has made all reasonable efforts and has
taken precautions to prevent theft or destruction of
the Equipment, including, without limitation, storing
the Equipment in a locked place, out of sight or under
(camera) supervision, etc.
12.6. EXCLUSIONS
Excluded from the cover are:
12.6.1. Damage caused by or related to a failure to comply with
the operating and safety instructions as speci昀椀ed in
Article 9 of the General Terms and Conditions.
12.6.2. Damage caused by or related to negligence or deliberate
misconduct of the Lessee or attributable to the Lessee.
12.6.3. Damage caused by prolonged use of the Equipment in
an environment that can be expected to cause damage
to the Equipment.
12.6.4. Loss or damage of/to tyres.
12.7. CONDITIONS FOR A WAIVER OF RECOURSE
The Lessor only (partially) waives the right of recourse to claim
compensation from the Lessee if all of the following conditions are met:
12.7.1. The damage is in accordance with the cover conditions
as set out in Article 12.5;
12.7.2. None of the exclusions as set out in Article 12.6 apply;
12.7.3. The Lessee has paid all amounts owed to the Lessor
at the time of the damage, including the Rent, VAT and
interest resulting from late payment (if applicable);
12.7.4. The Lessee has reported the damage in accordance
with Article 10;
12.7.5. The Lessee has returned the Equipment in accordance
with Article 13 of the General Terms and Conditions;
12.7.6. The damage is covered under insurance policy of the
Lessor.
If the insurer of the Lessor does not compensate the Lessor for the
damage to the Equipment and if this damage is caused by negligence or
deliberate misconduct of the Lessee, the Lessee is liable to compensate
the Lessor for the damage.
12.8. EXCESS
The Riwal Damage Scheme is subject to an excess of EUR 2,500 (two
thousand 昀椀ve hundred Euros) per damage event or an amount agreed in
the Agreement.
12.9. RIWAL DAMAGE SCHEME; BUYING OFF EXCESS FOR LIABILITY
FOR DAMAGE TO THE EQUIPMENT
The Riwal Damage Scheme; Buying off excess: by charging a rate per
day or a percentage of the Rent, the agreed excess (as described in
Article 12.8) can be limited to an excess amount as agreed between
parties per damage event. The Riwal Damage Scheme: Buying off
excess is entered into by the Lessee and the Lessor for a period of 12
(twelve) months and will therefore apply to all Agreements between the
Parties during this period. After a period of 12 (twelve) months, the Lessee
and the Lessor will assess whether the Riwal Damage Scheme: Buying off
excess is entered into again, each time for the same period of 12 (twelve)
months. The Lessee may terminate the Riwal Damage Scheme: Buying
off excess at the end of a period of 12 (twelve) months in writing, subject
to a notice period of at least 30 (thirty) days.
13.
RETURN OF THE EQUIPMENT
13.1. On the Due Date or upon prior termination of an Agreement, the Lessor
will pick up the Equipment from the location where the Equipment was
delivered and the Lessee will ensure that the Equipment is ready for
transport. If the Equipment is not ready on time for transport, the transport
costs will be charged to the Lessee.
13.2. Except for normal wear and tear, the Equipment will be in the same
condition as upon delivery. If the Equipment is not in the state as
described in the previous sentence, the Lessor will immediately
inform the Lessee of this in a written noti昀椀cation of the costs that are
required for cleaning and/or repairing the Equipment. The Lessee will
refund the Lessor the costs within 30 (thirty) days from the date of the
aforementioned written noti昀椀cation.
13.3. All Equipment that is not returned to the Lessor for any reason or that are
damaged irreparably, will be reimbursed by the Lessee at the current list
price (new price) of the Equipment of the relevant manufacturer.
13.4. If (a) the Equipment has not been returned in due time to the Lessor for
any reason whatsoever, or (b) are irreparably damaged and the Lessee
does not pay the compensation speci昀椀ed herein, the Lessor will continue
to charge the Rent, which Rent is due by the Lessee.
14.
TERMINATION
14.1. An Agreement may be terminated by the Lessor without notice being
required:
a. if the Lessee requests bankruptcy, is deemed to be bankrupt or is
otherwise unable to pay its debts;
b. if a petition has been 昀椀led or a meeting has been held or a
decision has been taken with respect to the termination or
dissolution of the business of the Lessee;
c. if the Lessee goes into liquidation, either forced or voluntary, or
enters into agreements with creditors in general;
d. if a trustee in bankruptcy or administrator has been appointed in
respect of the Lessee over all or part of the assets of the Lessee;
or
e. if the Lessee undertakes or undergoes a similar process as
speci昀椀ed in (a) to (d) in any jurisdiction;
f. due to an infringement of the Agreement by the Lessee, provided
that the alleged infringement has been properly noti昀椀ed and this
infringement has not been recti昀椀ed within 10 (ten) days;
g. if there is a change in the control or management of the business
of the Lessee;
h. if the Equipment is located in or transferred to another location or
area of work without the permission of the Lessor;
i. if, in the reasonable opinion of the Lessor, a signi昀椀cant negative
change has occurred in connection with the Lessee.
14.2. Except for a 昀椀xed-term Agreement, each Party may submit a written
noti昀椀cation of termination of the Agreement, subject to a notice period of
at least 7 (seven) days. The written noti昀椀cation may be by registered mail,
fax or e-mail with proof of receipt.
14.3. In the case of early termination or cancellation of the Agreement, the
Lessor will charge the agreed Rent to the Lessee and the Lessee will
pay this to the Lessor. The Rent will be increased by the additional costs
incurred due to early termination or cancellation, such as transport costs,
picking up costs, etc.
14.4. In the case of cancellation of the Agreement less than 1 (one) working
day before commencement, the Lessee is liable for a cancellation fee of
50% (昀椀fty percent) of the agreed Rent, plus additional costs made by the
Lessor. In case no 昀椀xed term was agreed the cancellation fee will amount
to 50% (昀椀fty percent) of the Rent for one week.
14.5. Without prejudice to the other provisions of these General Terms and
Conditions, all obligations of the Lessee under the Agreement and these
General Terms and Conditions will remain in force for 4 (four) working
days after the termination date or the Due Date of the Agreement
(including, without limitation, the obligations as set out in Article 11).
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