RWL-AlgemeneVoorwaarden 2022-ENG - Flipbook - Page 4
Riwal Hoogwerkers BV
established in Dordrecht
Chamber of Commerce 23055811
14.6. On the Due Date or upon the termination of an Agreement, all rights and
obligations of the Parties under this Agreement will expire, subject to (i)
the obligation of the Lessee to pay all amounts due or amounts that will
become due on or after the expiry date or the date of termination, (ii) any
other obligation as set out in these General Terms and Conditions or in an
Agreement which will take effect on the date of termination or Due Date
and (iii) the provisions of Article 13 (Return of the Equipment) and Article
18 (Applicable law and competent court) of these General Terms and
Conditions.
15.
FORCE MAJEURE
15.1. The Lessor is entitled to suspend its obligations and will not be in default
if, due to circumstances beyond the power of the Lessor and/or changes
in circumstances that could not reasonably be anticipated at the time the
Agreement was concluded, the Lessor is unable to ful昀椀l its obligations.
Force majeure includes labour disputes, strikes, sabotage, government
restrictions and measures, accidents, transport problems and blackouts.
15.2. The Lessor is entitled to terminate the Agreement, in whole or in part,
without the intervention of any court, by written notice if the event of force
majeure lasts longer than 1 (one) month, without being liable for the
payment of any compensation. The Lessee is not entitled to terminate the
Agreement unless the event of force majeure has lasted longer than 1
(one) month and the Lessee can demonstrate that an earlier performance
is of vital importance to its business activities.
18.4. These General Terms and Conditions are written in Dutch. To the extent
that translations are provided, in the event of a con昀氀ict between the Dutch
version and these translations the Dutch text shall prevail.
19.
APPLICABLE LAW AND COMPETENT COURT
19.1. These General Terms and Conditions and any Agreement are exclusively
governed by and interpreted in accordance with Dutch law, except for
the United Nations Convention on Contracts for the International Sale of
Goods of 1980 (the Vienna Sales Convention).
19.2. All Disputes will be exclusively referred to and ultimately settled by
the competent courts of Rotterdam. This Article 19.2 is exclusively in
favour of the Lessor, so that the Lessor is never prevented from bringing
proceedings relating to a Dispute before another competent court.
16.
FINE
16.1. For any infringement of these General Terms and Conditions or an
Agreement, including but not limited to improper use by the Lessee,
reputation damage to the Lessor or the failure to observe the safety
instructions by the Lessee, the Lessor is entitled to claim an immediately
due and payable 昀椀ne from the Lessee amounting to EUR 500 (昀椀ve
hundred Euros) for each day of the infringement, subject to a maximum of
EUR 10,000 (ten thousand Euros) for the duration of the infringement.
16.2. The Lessor is also entitled to claim full compensation if the actual damage
suffered exceeds the amount of the 昀椀ne.
Version 2022.1
17.
DATA PROTECTION
17.1. During the implementation of the Agreement both parties will comply
with their obligations under the GDPR with respect to the Processing of
Personal Data.
17.2. Each of the parties warrants that the Personal Data that is shared with
the other party for the purpose of implementation of the Agreement will
be correct, not excessive and not illegal, and that it does not infringe the
rights of third parties.
17.3. Each of the parties bears its own responsibility for the Processing of
Personal Data with respect to the implementation of the Agreement.
The Lessee indemni昀椀es the Lessor against any and all claims by
persons whose Personal Data has been processed in the context of
the Processing carried out by the Lessee or for which of the Lessee is
responsible by virtue of the Agreement by virtue of the law or in any other
way, unless the Lessee demonstrates that the facts underlying the claim
are exclusively imputable to the Lessor.
17.4. If the Lessor considers it necessary for the implementation of the
Agreement, the Lessee will, on request, inform the Lessor in writing
immediately about the way in which the Lessee is complying with its
obligations under the GDPR.
18.
MISCELLANEOUS
18.1. Changes to these General Terms and Conditions or to an Agreement shall
be effective only if these have been agreed in writing and are signed by or
for the bene昀椀t of each of the Parties.
18.2. All of the conditions of these General Terms and Conditions and/or an
Agreement are severable. If a provision is illegal, invalid or non-feasible (in
whole or in part) under the law of a jurisdiction, in any respect:
a. this will not affect the legality, validity or enforceability in that
jurisdiction of the other provisions of these General Terms and
Conditions and/or an Agreement (if these other provisions are
not inextricably linked to the illegal, invalid or non-enforceable
provision) or any of the provisions of these General Terms and
Conditions and/or an Agreement in another jurisdiction; and
b. the Parties will reasonably endeavour to negotiate in good faith
with a view to their replacement by one or more provisions that
are not illegal, invalid or unenforceable and which do not, as far
as possible, deviate from the replaced provision, always taking
into account the content and purpose of these General Terms and
Conditions and/or the Agreement, as the case may be.
18.3. The Lessor may, by written notice to the Lessee, transfer, assign or
otherwise grant any of its rights or obligations under an Agreement to
any of its subsidiaries, to which transfer the Lessee hereby gives its prior
consent.
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