Conditions & Policies
CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE
1. General
De Lille NV, with registered office at 8860 LENDELEDE, Hulstsestraat 2, registered in the Crossroads Bank for Enterprises under number 0422.838.242 ("De Lille"), has as its main activity "vertical transportation", whereby it is mainly active in the rental and sale of telescopic handlers and other Merlo products. It is also exclusive importer of all products of the Merlo group for the Benelux.
The present general terms and conditions (hereinafter "GTC") apply to all sales concluded by De Lille with a professional buyer (hereinafter the "Buyer"). The Buyer's general terms and conditions are expressly excluded. A reference to general terms and conditions of the Buyer does not affect them.
The GTC are communicated to each Buyer who places an order before a sales contract is concluded. De Lille reserves the right to deviate from the current GTC. However, this deviation is only valid if it is in writing and expressly accepted by De Lille prior to ordering.
The present GTC shall be considered as accepted by the Buyer when he places a first order to which these GTC are attached or when he expressly signs them. The GTC may be modified by De Lille at any time and without notice. These modifications may only affect future orders. The modified GTC apply to any individual contract between the parties and to any order placed after the GTC have been sent by De Lille.
If De Lille decides not to take advantage of certain clauses in the GTC, this in no way implies a waiver of this clause or of the GTC as a whole.
2. Orders
In order to be taken into account by De Lille, any order must be placed using an order form provided by De Lille and signed by the Buyer, unless De Lille confirms in writing that the order has been accepted in another way and is thus validly placed. For the first order, the current GTC must also be signed. These will remain fully applicable to all future orders. The signature of the order form or any other form of confirmation of acceptance of an offer from De Lille to which the GTC were attached also implies unconditional acceptance of the GTC. The GTC shall remain fully applicable to all future orders.
All offers made by De Lille are non-binding, unless expressly stated otherwise in the offer. The prices mentioned in the offer are in all cases valid for a maximum of 1 month from the date of the offer, but may be indexed. Printing errors, material errors and calculation errors in an offer shall never bind De Lille.
De Lille can only be considered to be bound by an order in case of written confirmation of order by De Lille. De Lille is not obliged to accept any order and it is authorized to refuse orders if it has good reason to do so, for example but not limited to the situation where the Buyer has outstanding debts towards De Lille.
Any order placed by the Buyer constitutes an irrevocable intention to purchase. Once accepted by De Lille, an order cannot be modified nor cancelled. However, De Lille may expressly agree in writing to:
─ A change to the order, however, De Lille reserves the right to delay its initial delivery date as a result of the change;
─ An order is cancelled by the Buyer under payment of a cancellation fee of 30% of the total price of the order to be borne by the Buyer, subject to De Lille's right to claim a higher amount if the damage suffered by De Lille as a result of the cancellation exceeds the flat rate compensation of 30% of the total price.
A request for modification or cancellation of the order will only be considered when notified in writing to De Lille at the e-mail address: sales@delille.be.
Changes to the order approved by De Lille will have the effect of automatically extending the target date mentioned in article 3 in accordance with the former's estimate. In no way can De Lille be held liable for alleged damages due to extensions of target dates resulting from changes to the order requested by the Buyer. Retention of the initial target dates in the event of changes to the order can only take place with the express approval of De Lille and always under the condition that all costs necessary to meet the initial target dates are borne by the Buyer.
Negotiations regarding changes to the order can in no way affect the execution of the initial purchase agreement. Neither party has the right to suspend the execution of the initial order or any commitments arising therefrom (such as payment for goods delivered) as a result of negotiations regarding changes to the order.
3. Delivery and risk:
The order form and/or order confirmation prepared by De Lille may include a target date for delivery. This target date is purely indicative and informative. The postponement of the target date may in no way give rise to any form of compensation towards the Buyer, nor can any postponement give rise to the cancellation of the order.
If the delivery deadline is not met, De Lille and the Buyer will determine by mutual agreement when the goods should be delivered, and this should be a reasonable deadline. Only if De Lille is also unable to deliver within this period, will the Buyer be able to cancel the order (free of charge), without De Lille being liable for any compensation.
De Lille is entitled to postpone delivery as long as the Buyer has not paid, or has not paid in full, the advance agreed for the goods to be delivered and/or the price of previous deliveries.
The risk of loss and damage to the goods is transferred to the Buyer as of delivery.
Delivery, unless otherwise agreed in writing, shall take place Ex Works (Incoterms ® 2020) at the address of De Lille's registered office. Transport costs and risks are the responsibility of the Buyer. De Lille bears no responsibility for any consequence of transport, theft, destruction or any other risk, even if the carrier was chosen by De Lille. In case of damage of any kind incurred during transport, the Buyer has no recourse against De Lille and the Buyer must exercise recourse against the carrier or its insurer.
The loading of the goods is done by the Buyer or on behalf of the Buyer at his risk. The Buyer is liable for all damages during or after delivery.
If the goods ordered are not picked up by the Buyer on the delivery date, De Lille has the right to charge the Buyer for the storage costs incurred as a result, plus a lump sum compensation of 5% of the price for additional administration. All risks of fire, theft or any kind of damage will be borne by the Buyer from the date of initial delivery. In case the Buyer refuses to pick up the ordered goods on the date of initial delivery, the purchase price will be immediately due and payable by De Lille from the date of initial delivery. Thereafter, the Buyer cannot take delivery of the goods until he will have paid De Lille both the full purchase price, the storage costs due, the flat rate compensation of 5% of the price due to additional administration and any late payment interest and damages.
De Lille is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. De Lille is entitled to invoice the goods thus delivered separately.
4. Non-conformity and visible defects
It is up to the Buyer to inspect the delivered goods and, if necessary, to make all necessary comments regarding the goods in accordance with the conditions as described below. Failing this, the goods shall be deemed to have been delivered in conformity with the agreement.
Comments concerning the conformity of the goods or visible defects must be formulated by registered letter to De Lille within three working days of delivery of the goods and in any event before they are used, processed or sold on, in whole or in part, and accompanied by photographs proving the non-conformity or visible defects, as well as the invoice details and all the circumstances and time of the determination of the defects invoked. The Buyer must also submit proof that the non-conformity or visible defect did not arise as a result of the transportation of the goods.
Any resale or use of the goods by the Buyer deprives the Buyer of the right to make any observations regarding the conformity / visible defects of the goods. The warranty does not cover defects or any loss of goods resulting from transportation or careless storage of the goods by the Buyer. The observations formulated by the Buyer do not in any way allow it to not fulfill its payment obligations with respect to the delivered goods. The Buyer always has an obligation to limit damages when a complaint occurs. Any return of goods will only take place with the prior written confirmation of De Lille. Only goods in good condition may be returned. This authorization can in no way be considered as a recognition of liability on the part of De Lille. The costs and risks of/for a return shall be borne by the Buyer.
No legal claim based on non-conformity / visible defects can be made by the Buyer more than 14 days after the delivery of the goods and a legal claim within this expiry period can only be made insofar as the observations were formulated and transmitted together with the photos as proof within three working days after delivery of the goods. After the expiry of this period, the Buyer can no longer invoke any non-conformity or visible defect in respect of the goods, nor can it invoke any non-conformity or visible defect in order to defend itself against De Lille when the latter makes a claim for payment of outstanding debts.
5. Hidden Defects.
Hidden defect means manufacturing defects that make the normal use of the good impossible and that were not detectable by the Buyer before commissioning ("Hidden defects"). De Lille indemnifies the Buyer for Hidden Defects in accordance with the provisions under article 6 "Warranty" and on the condition that the hidden defect is notified to De Lille by registered letter within three working days of becoming aware of the hidden defect and in any case within the warranty period prescribed by the manufacturer, and this, supported by photographs attesting to the hidden defect, as well as the invoice details and all the circumstances and time of the determination of the defects invoked. Failing this, any intervention on the part of De Lille shall lapse.
6. Warranty
Except with the express written agreement of De Lille, no transformation, repair or return of these goods may take place before De Lille has had the opportunity to make the necessary findings. Otherwise, De Lille's warranty will lapse. Reactions by De Lille to late complaints or without the required prior determination are always subject to this reservation and never imply any renunciation of Articles 4, 5 and 6.
In the event that a non-conforming delivery, a visible or hidden defect has been communicated in due time by the Buyer and is effectively established by De Lille and the conditions for intervention in warranty have been met, De Lille's warranty is in any case limited to the manufacturer's warranty that De Lille itself receives from the manufacturer, of which the Buyer acknowledges having knowledge.
In any case, the conditions and limitations below apply to De Lille's warranty obligation:
- The warranty applies only to goods that have lawfully become the property of the Buyer;
- The warranty applies only to goods sold only by De Lille;
- The warranty is limited to the replacement or repair of the defective parts without entitling the Buyer to claim compensation, and this regardless of the cause;
- The warranty does not cover defects and misappropriations resulting from storage by the Buyer;
- The warranty does not cover abnormal use of the goods or use not in accordance with the instructions contained in the user manual supplied with the machine. This user manual must be present in the machine at all times.
- The warranty does not cover defects resulting from lack of maintenance;
- The warranty does not cover any performance level desired by the Buyer.
7. Price
The prices and rates applicable to the order are those in effect at the time the Buyer places the order, as stipulated in article 2. The prices and rates are determined exclusively by De Lille and may be modified by it at any time, albeit without retroactive effect and only for the future. The modified prices will apply as soon as they are communicated to the Buyer. No document submitted by the Buyer can lead to any change in prices or rates. Prices are displayed without taxes and delivery costs. They are shown net and without discount and are payable according to the terms defined below.
De Lille may grant a discount in an offer based on the total order. If, after placing the order, the Buyer decides to withdraw some goods, De Lille reserves the right to cancel the discount and charge the standard price without discount.
De Lille reserves the right to revise the agreed prices, even after the date of the order. De Lille may make this revision based on an increase in the parameters that represent a real cost in the price (such as, but not limited to, the price of raw materials, energy, materials, labor costs, etc.). Any such price revision can be up to 80% of the total price and this for the portions in the price represented by the increased real costs.
8. Payment
Payment for the goods is made at the registered office of De Lille, even if bills of exchange are drawn. Unless expressly agreed otherwise in writing, the Buyer must pay each invoice in cash and without discount. Only the effective collection of the full amount of outstanding sums will count as full payment. To be opposable to De Lille, any protest of an invoice must be sent by registered mail to the latter within eight calendar days of receipt of the invoice. This protest must be substantiated to be valid.
The Buyer shall never be able to invoke any set-off, legal or otherwise, in order to consider as extinguished any expired claim of De Lille against him. The drawing and/or acceptance of bills of exchange or other negotiable documents does not imply novation and does not in any way affect the applicability of these terms and conditions.
9. Late payment
If the invoiced amount has not been paid in full by the Buyer on the due date:
- shall automatically and immediately be due by the Buyer the legally applicable interest plus 2% per year until the date of full payment.
- in the event of non-payment, the Buyer shall owe a fixed compensation of 12% of the total price, with a minimum of EUR 125.00.
- De Lille may recover from the Buyer its costs of recovering the outstanding debt.
- the extension of payment granted, where applicable, for other deliveries shall expire and all other invoices, even those not due, shall become immediately payable.
The above fees are calculated on the price including taxes and are due regardless of the granting of any grace periods. De Lille reserves the right to suspend any order or delivery of the goods in the event that amounts due were not paid by the Buyer when due.
10. Guarantees to be provided by the Buyer
If De Lille has reasonable suspicions that the Buyer is in payment difficulties, does not provide any guarantee of solvency, has already in the past failed to pay one or more orders to De Lille within the stipulated period, or in any other situation showing that the Buyer will not fulfill its commitment at the end of the execution period and regardless of whether the consequences of such failure are sufficiently serious for De Lille then De Lille is entitled to suspend acceptance or execution of the order until payment of an advance or the full amount of a future invoice or until the Buyer provides a sufficient guarantee that future invoices will be paid (for example, by means of a bank guarantee). In case of the Buyer's refusal, then De Lille is entitled to refuse the continuation of the orders placed or the delivery thereof and to terminate the contract on the grounds of default of the Buyer.
11. Dissolution of the contract
If the Buyer fails to fulfill one of its essential obligations, such as, for example, the timely payment of De Lille's invoices or the failure to provide a requested guarantee, De Lille has the right to dissolve the contract with immediate effect without prior judicial authorization and without prior notice of default. The dissolution according to this clause shall take effect after a written notification (by registered mail or e-mail) including the Buyer's shortcoming. De Lille is entitled - if it dissolves the contract - to compensation in the amount of 15% of the price and this without prejudice to its right to claim higher compensation.
Neither party has the right to terminate the contract in anticipation in accordance with Article 5.90, second paragraph of the Civil Code. Furthermore, the Buyer has no right to make a replacement or rescission on notice in the event of a default by De Lille. If the conditions of application for a rescission of the contract at De Lille's expense or a replacement of De Lille are available, this must invariably be done judicially.
12. Retention of title
The goods remain the property of De Lille until full payment of the price indicated on the invoice, any interest and costs. This provision applies to all claims De Lille has against the Buyer and to all goods purchased from De Lille in the Buyer's possession.
Thus, the Buyer cannot resell goods for which the price has not yet been paid in full. At no time may the Buyer pledge unpaid goods purchased from De Lille. Any act contrary to this article is not enforceable against De Lille.
The Buyer undertakes to insure the goods against loss and undertakes to allow De Lille to inspect the insurance policy upon first request. If it should appear that the Buyer has not taken out such an insurance policy or an adequate one, De Lille reserves the right to take out an insurance policy against loss of the goods, at the Buyer's expense.
In case of non-payment, De Lille is entitled to request an inventory of all the goods it has sold to the Buyer, which must allow it to take back these goods. The Buyer undertakes to take the necessary steps immediately and grants De Lille the right to enter its storage facilities to recover the goods.
If the goods will be placed with a third party (for example, the lessor of a property rented by the Buyer), the Buyer must notify De Lille before effectively placing the goods with the third party. The Buyer will provide the identity and address of this person so that De Lille can inform the latter of the retention of title.
All costs incurred in claiming the goods as well as the costs of recovering the goods must be paid by the Buyer.
13. Liability
With the exception of De Lille's warranty obligations as provided for in Articles 4, 5, and 6, De Lille's liability can only be invoked in cases of fraud and intentional fault. De Lille's liability is limited to direct damages. Except in cases of fraud or intentional fault, De Lille is never liable for indirect damages, including but not limited to consequential damages, loss of profits, loss of savings, and damage to third parties. In the event that De Lille's liability is in any way compromised, De Lille may in any case be liable up to the invoice amount of the goods in question if the latter exceeds the amount for which De Lille is insured and De Lille's liability exceeds the amount for which De Lille is insured.
In the event that third parties hold De Lille liable for damages caused by an error on the part of the Buyer regarding the purchased goods, the Buyer shall fully indemnify De Lille. The Buyer acknowledges that the limitation of liability of De Lille also applies in cases of gross negligence by De Lille. The Buyer acknowledges that the recovery of any damage caused by an operational error by an auxiliary of De Lille (including (the permanent representatives of) its directors) in the performance of De Lille's contractual obligations is only grounds for a contractual liability claim against De Lille itself and, within the legal limits, is not grounds for a tort liability claim against De Lille's auxiliaries, even if the event giving rise to the damage constitutes a tort, unless there is fraud, intentional fault, or fault of the auxiliary resulting in an impairment of physical or mental integrity.
14. Force majeure / Hardship
In case of force majeure/hardship, De Lille is released by right and is not bound to fulfill its obligations to the Buyer. Force majeure/hardship is any event (foreseeable or unforeseeable), beyond the control of De Lille, which implies a (temporary) impossibility to execute the contract in whole or in part (on time) within the limits of economic profitability or which unreasonably complicates the execution of the contract and creates an apparent imbalance in the contractual relationship between De Lille and the Buyer, such as, but not limited to, war, riot, general mobilization, partial or general strike, industrial accidents, fire, climatic conditions, breakdown of machinery, bankruptcy or default of and delay in delivery by suppliers and subcontractors, restriction of energy supply, shortage or increase in prices of necessary raw materials, epidemic (including governmental measures resulting therefrom), etc. In case of force majeure/hardship, the parties agree to make all reasonable efforts to mitigate the effects of such situation. In the event that such situation should last for more than three (3) months, either party may terminate the contract with immediate effect, without being liable for any compensation. Force majeure for the Buyer is expressly excluded.
The application of article 5.74 BW is expressly excluded for both parties.
15. Indivisibility
Should one or more of the clauses of these GTC be declared null and void, such nullity shall in no way affect the other provisions of the GTC, nor the contract as a whole. In that case, the void clause shall be replaced by a clause which is legally valid and which corresponds as closely as possible to the purpose and purport of the original (void) provision.
16. Intellectual property
Any technical document, technique or property subject to De Lille's intellectual rights must be returned to it on first request and cannot be alienated, copied, used or commercialized without De Lille's prior written consent.
17. Subscription
If an item is delivered with accompanying "tracking software", the Buyer is obliged to take out a subscription for a minimum period of 12 months in order to acquire a non-exclusive and non-permanent software license in the form of a right to use the software for the purpose clearly stated in the accompanying product specifications. Buyer does not acquire any rights in the form of patents, copyrights, trademarks or other intellectual rights related to the good. The Buyer acquires no rights to the source code of the accompanying software.
At the conclusion of the subscription, the Buyer must make an advance payment for the duration of the subscription of 12 months. After the expiration of each 12-month term and each time both parties wish to renew the subscription for a new 12-month term, the Buyer is required to pay the new 12-month term in advance. After the first 12-month term, the subscription may be terminated by either party, subject to a notice period of the current month plus three months. Termination of the subscription does not affect the fee for the remaining term of the subscription, which has already been prepaid by the Buyer and which is in any case retained by De Lille, even if the subscription is terminated before the end of the prepaid period.
18. Disputes
The contractual relationship between De Lille and the Buyer is governed exclusively by Belgian law. The application of the Vienna Sales Convention and the Convention of 14 June 1974 on the International Sale of Goods are explicitly excluded.
Any dispute between De Lille and the Buyer will be brought exclusively before the courts of Ghent, department Kortrijk.
19. Acceptance by the Buyer:
The Buyer confirms having taken cognizance of the present GTC and expressly declares its acceptance thereof. The Buyer renounces any appeal to any document contradicting these GTC including its own general terms and conditions.
GENERAL RENTING CONDITIONS
The Renter expressly undertakes to follow all instructions of the constructor of the Machine made available. The Renter also hereby acknowledges having received the manual/instruction booklet of the Machine made available. No guarantee can be given for broken glass, damage to the tires and the damage as a result of the use of the Machine which deviates from any normal use, such as use on inclined surfaces and in water. Any damage to the Machine will be borne in full by the Renter. Damage to parts of the Machine subject to wear and tear and not repayable by insurance will be borne by the Renter. The Renter undertakes to use the Machine as would a normally careful and prudent renter and at his expense to maintain it strictly as prescribed in the maintenance schedule included in the manual / instruction booklet of the Machine. Maintenance, other than the daily prescribed maintenance, and repairs of any damage caused must be carried out exclusively by the Rental Company in Lendelede, official importer for Merlo in the Benelux. The costs of maintenance and any repairs will be borne by the Renter. All possible taxes, levies and/or fines registered on the Machine during the period of the rental are integrally at the expense of the Renter.
The rent includes: either (i) a use for 5 hours per day over 5 working days per week, or (ii) 100 km/day over 5 working days per week (delete as appropriate). Each additional hour worked will be charged at EUR 12.00/hour. Each additional performed km is charged at 0,25 EUR/km.
The rental of the Machine by the Rentee to the Renter is exclusively governed by the lease concluded between the parties, consisting of the special lease conditions and the present general lease conditions (hereinafter collectively the "Lease"), to the exclusion of the general conditions of the Renter, unless the Renter and Rentee have agreed otherwise in writing. In the event of any conflict between the General Rental Conditions and the Special Rental Conditions, the Special Rental Conditions shall prevail. The Rentee shall provide the Machine, as described in the Special Conditions, to the Renter. The signer of the Lease Agreement binds himself jointly and severally with his principal, if any. Any service may validly be made at the address specified by the signatory of the Lease, that of the Renter's residence, registered office or principal place of business.
1. General
The Renter declares to have taken cognizance of and to agree with the present general lease conditions and the specifications contained in special lease conditions.
The Letter reserves the right, prior to making the Machine available, to request from the Renter proof of identity, an extract from a company or trade register and his latest annual accounts and, on that basis, to request from the Renter, in addition to what is stipulated in article 5.2, an (additional) advance payment or an (additional) deposit in order to guarantee the payment of the rent. The Rentee also reserves the right, in consultation with its credit insurer, to evaluate the Renter's solvency at any time. If this should show that the Renter is not solvent (which is the case, inter alia, if the Rentee's credit insurer believes this to be the case), the Rentee will have the right not to proceed with the rental of the Machine and/or to terminate the Lease with immediate effect, without any notice being required or any compensation being due to the Renter.
2. Provision of the machine
2.1. The Renter acknowledges that he is required to inspect the Machine, to test the driving and/or operation of the Machine for a short period of time in the Rentee's parking lot and to notify the Rentee of any problem or non-conformity in the manner described below.
Without prejudice to what follows, the Renter acknowledges that he has received a Machine that has been cleaned, whose bodywork and mechanics are in good condition and that is equipped with (i) the full equipment, (ii) a full fuel tank, (iii) full oil and other fluid reservoirs, (iv) if necessary, a spare tire, (v) accessories and (vi) the (board) documents required by the regulations. The Renter shall be responsible for keeping those accessories and documents. All possible damage to, as well as all mechanical problems of the Machine, which can be demonstrated as a result of the above-mentioned test, must be compulsorily mentioned on the receipt for delivery to the Lessor (see article 2.4.). If the Renter makes no written observations on the delivery note to the Rentee, the Renter acknowledges having received the Machine in perfect condition. The lack of response to the Renter's written remarks does not in any way imply the Rentee's acceptance thereof.
If, during the Hire, the Renter should discover a mechanical problem which had not been discovered at the time of the test, as mentioned above, the Renter undertakes to immediately cease using the Machine and to immediately contact the Rentee in order to agree on the measures to be taken (including, but without being limited to, returning the Machine to the Rentee and immobilizing the Machine pending the arrival of a mechanic). If the Renter fails to take such action, the Renter shall be liable for all damages resulting from the continued use of the Machine in such condition.
2.2 The Renter discharges the Rentee from any indemnity for hidden defects unknown to the Rentee and for legal defects of third parties.
2.3. The Machine is made available in its basic condition. The Renter is exclusively and fully liable for the choice of the rented material. The rented equipment is standard equipment not specifically designed for the needs of the Renter, nor adapted by the Letter at the Renter's request to the needs described by the Renter. The Rentee cannot be held liable if the rented material does not meet the specific needs of the Renter. The appointee, who takes delivery of the Machine on behalf of the Renter, must provide proof that he is authorized to act on behalf of the Renter.
2.4. In proof of the delivery of the Machine to the Renter by the Rentee, the Renter or the person designated by the latter, either at the Rentee's premises, signs a delivery slip.
If the Rentee delivers to the Renter at the rental location and no one is present, the Rentee will leave the delivery receipt with the Machine. If no written comments are passed within 2 hours of delivery, it is assumed that the equipment was received in perfect condition.
2.5. Non-collection of the Machine by the Renter on the commencement date constitutes a breach of the Rental Agreement. The agreed price remains due, unless otherwise agreed in writing by the parties.
2.6. The Rentee is not liable for delays in delivery. If the Rentee is unable to deliver a Machine requested by the Renter, the Rentee will be entitled to cancel the request to rent the Machine free of charge.
3. Renter
3.1. The Renter expressly agrees to comply with all legal requirements to operate the Leased Machine specified in the Lease and, if an appointee is to operate the Machine, the Renter agrees to verify that the appointee meets all such requirements, for which the Renter agrees.
3.2. The leased Machine may be used only by the Renter or his appointees for whom he is civilly liable. The use by other persons is under no circumstances permitted. The Renter may not pledge or otherwise encumber the Machine or rent it out or in any way give it in use to third parties. The Renter may not sublet the Machine or assign the Lease.
4. Rental period
4.1. The Machine is leased for a period of at least 1 day up to a maximum of 60 months. The period is fixed in the Lease Agreement on the basis of the commencement and end dates set forth therein. The lease term starts to run on the commencement date: the Machine is then at the disposal of the Client at the Rentee's premises (as determined in the Lease). The rental period thus includes the days on which the leased Machine is delivered to the Renter and returned to the Rentee.
4.2. On the end date and without the need for prior notice, the Renter will bring the Machine to the Rentee at his expense during opening hours. The Machine must be in perfect condition, apart from the normal wear and tear resulting from lawful use of the Machine during the rental period. If this is not the case, the Renter will pay the cost of cleaning or repairs necessary to bring the Machine to a normal condition for its age, the number of working hours performed and miles traveled.
4.3. If the number of kilometers traveled or work hours performed by the Machine per year exceeds the maximum annual number of kilometers/work hours set forth in the Lease, the Rentee has the right to terminate the Lease at an earlier time. In this case, the provisions of Article 13 will apply.
4.4. The Rentee is not responsible for goods left by the Renter in the Machine after returning the Machine to the Rentee.
4.5. Any exceeding of the originally anticipated rental period will be charged extra in accordance with Article 5 of these General Conditions. The Renter has the right to request an extension of the rental period in writing from the Letter at the latest 24 hours before the end of the rental period.
5. Rent - payment
5.1. The rental price is that stated in the Rental Agreement. All prices stated in the Lease are exclusive of VAT.
5.2. No later than the Commencement Date, the Renter shall pay a deposit equal to three times the monthly rent specified in the Lease, which the Rentee may freely dispose of. The deposit will be refunded without interest after the end date of the Lease if the Machine has been returned in perfect condition and if the provisions of the Lease have been properly observed. The deposit remains, in any case, acquired for the Rentee in case of concurrence with other creditors of the Renter.
5.3. At the start and at the end of the tenancy, a pro rata rent can be determined if the start of the tenancy does not coincide with the first day of a calendar month and a minimum monthly rent has been agreed. For shorter periods, a daily, weekly, bi-weekly or monthly rate is applicable.
5.4. Payment of the rent shall, if not expressly stated otherwise, be made (in each case) in advance, by transfer to the bank account number stated in the Lease Agreement, indicating the invoice number and the period to which the payment relates. From a rental period equal to or longer than one month, the monthly transfer must be made no later than the first working day of each calendar month prior to each started period of one month. It must be made by irrevocable standing order at a recognized bank or credit institution. Upon breach of this Article, the Rentee shall have the right to recover the Machine and terminate the Lease with immediate effect, without any notice being required or any compensation being due to the Renter.
5.5. Any payment by the Renter to the Rentee shall, notwithstanding any other description of the payment by the Renter and unless otherwise agreed by the Rentee, be allocated first to any late payment interest which the Renter may owe to the Rentee and then to the payment of the Rent. In the latter case, Renter's payment shall always first satisfy Rentee's oldest outstanding claims.
5.6. If during the term of this Lease, any competent government increases any of the taxes applicable to the Machine or the rental, the Rentee will have the right to unilaterally adjust the rent in a proportional manner.
5.7. If during the term of this Lease, the (statutory) premium for the insurance of the Machine is increased, the Rentee will have the right to unilaterally adjust the rent in a proportional manner.
5.8. If the Client has specified a third person for the payment of the lease amount and if the Rentee has agreed to the payment of the lease amount by a third person, the Client will nevertheless remain obliged to pay the lease amount himself if such third person fails to pay the amount due within the stipulated period. In such case, the Renter and the aforementioned third person are jointly and severally liable for all obligations arising from the Lease.
5.9. Rentee may assign and pledge the Lease and any claim that Rentee may have against Renter under this Lease, including the right to terminate the Lease. Upon notice of such agreement to assign the Lease or claim, the Renter shall pay the amounts due to the person to whom the Lease or claim was assigned.
5.10. In the event of full or partial non-payment when due, an indemnity shall be payable by the Renter, fixed at 12% of the unpaid amount, with a minimum of 125 EUR. The unpaid amount shall also be increased, from the due date, by an interest equal to the legal interest rate applicable to commercial transactions payable by operation of law and without notice of default, and by the costs of recovery and court costs.
6. Use
6.1. The Renter confirms that he and his appointees (personnel or subcontractors) are able to use the hired Machine correctly and safely, because they have all followed the necessary training courses and obtained subsequent certificates. The use of the Machine requires prior training.
The Renter also ensures that he and his appointees have access to the machine's user manual, which must be present with the Machine at all times.
The Renter is solely responsible for making the necessary personal protective equipment available to his employees and for compliance by his employees with the safety measures.
It is strictly forbidden for the Renter to disable or circumvent the safety functions of the machine.
The Renter undertakes to use the Machine as a normal careful and careful renter and to keep it in an optimal state of repair.
The Renter therefore protects the Machine at all times against theft or vandalism.
6.2. The Renter may not alter the appearance or normal use of the Machine. Advertising lettering and towing hooks may only be affixed to the rented Machine after prior written permission from the Lessor. The costs associated with the removal at the end of the Rental Agreement will be borne by the Renter. Under no circumstances shall Renter remove, obscure or in any way distort any references to Lessor's ownership or information identifying Lessor as affixed to the Machine.
6.3. Under no circumstances may the Machine be used or operated:
a. in a manner that is contrary to the law, any government regulation, the manual or the instruction booklet; b. for paid passenger or freight transport; c. for driving or towing, for example, a vehicle, machine or trailer; d. for sports competitions, rallies, reliability or speed tests, driving lessons, training and/or comparative test(s); e. by any person other than the Renter (or the authorized driver with a driving license specified in the Rental Agreement and who has obtained the prior consent of the Lessor, or a car mechanic in the event of an accident or engine breakdown); f. in a manner that exposes the Machine to an above-normal depreciation; g. by persons who are not 23 years old; h. for use in water, including the transport of the Machine on water.
6.4. All damage and costs associated with normal use are borne by the Renter.
6.5. The Renter may not transport or use the Machine outside the Benelux countries, France and Germany without the prior written consent of the Lessor.
6.6. The Renter takes all necessary steps with the competent authorities to obtain approval to transport and/or park the rented equipment on public roads. He undertakes to use the Machine in accordance with the existing regulations, taking into account, among other things, the nature of the ground and subsoil, the rules of the public domain and the environment.
6.7. The Machine may not be used in aggressive or corrosive conditions (eg chicken manure, salt or acid) or in the vicinity of hazardous substances (eg asbestos) without prior permission from the Lessor. Conditions may be linked to this permission (such as proof of adequate training or certificates or the cleaning of the Machine). However, the Lessor is entitled to refuse to give this permission at any time.
In the absence of permission from the Lessor or failure to comply with the imposed conditions or applicable legal provisions, the liability of the Lessee is compromised.
6.8. The Renter is obliged to protect the Machine against overload and damage.
6.9. The Renter may not exceed the average number of kilometres/hours per day stated in the Rental Agreement. If the odometer/hour counter no longer functions during the rental period due to a technical defect, the Renter will immediately inform the Lessor and the counter will be repaired as soon as possible. If the odometer does not function or functions incorrectly due to causes other than an involuntary technical defect, the Lessor can immediately terminate the Rental Agreement and the Renter is obliged to pay compensation of twice the monthly rent. For the calculation of this compensation, the counter position is increased by the average of the previous periods, unless there are good reasons to assume a higher position.
6.10. The Renter must use appropriate fuel and additives of good quality.
7. Control, Inspection and Testing
7.1. The check must be carried out by the Renter immediately before each use and furthermore as often as necessary to prevent dangerous situations from arising during use. The Renter must always check whether the intended use is in accordance with the manual belonging to the Machine.
7.2. In the event that the rental period exceeds one month, the Renter undertakes to offer the Machine for inspection or testing, whenever there is an obligation to do so or the Lessor requests this in writing. After each offer of the Machine for inspection, the Renter will inform the Lessor in writing about this offer. Any comments that the inspectors would formulate will be communicated to the Lessor.
7.3. The result of the findings of this inspection is recorded in a digital report. This inspection should take place at least once a year. The costs of this inspection are borne by the Renter.
7.4. The inspection must be carried out by an expert inspector from an accredited inspection body. Inspection means the periodic inspection of machines and this in accordance with the legal requirements.
7.5. In the event that the Renter fails to present the Machine on the specified day and time for the safety inspection or to make an appointment and comply with it for a periodic inspection, the Lessor has the right, without the intervention of the Renter, to inspect the machine itself. to inspect or, if necessary, have it approved. The Renter has no right to oppose this temporary dispossession of the Machine. The costs for the inspection or test will then still be passed on to the Renter.
7.6. The Renter shall bear all adverse consequences that may arise for the Lessor from the failure to make any repairs or other modifications to the hired equipment as may be required by the inspector or inspector.
7.7 If the Renter falls short of this obligation in any way, the Lessor has the right to immediately terminate all agreements concluded with the Renter by writing, without prejudice to its right to compensation as provided for in Article 11. It is the Renter's in any case expressly prohibited from using a Machine that is not in possession of a valid test certificate or has not passed a safety inspection.
7.8. If damage, a serious technical defect or a breach of the Rental Agreement is found during an inspection, the Lessor has the right to take possession of the Machine until it has been repaired, without compensation to the Renter and under the conditions stated in Article 8.
8. Maintenance
8.1. The Renter must maintain the Machine in perfect working order. The Renter is responsible for daily inspection and maintenance. This includes checking the brakes, all fluid levels and tire pressure. In doing so, the Renter follows the instructions of the manufacturer.
8.2. Every 250 hours the machine must be maintained by the Lessor. To this end, the Lessor will contact the Lessee. These maintenance services are at the expense of the Renter and are necessary to safeguard the perfect condition of the machine.
8.3. Any technical defect or damage must be repaired by the Renter within a reasonable period of time.
The Renter is obliged to appeal to the Rentee for this. It is absolutely forbidden to have any repair or other technical intervention carried out by persons other than the Lessor.
8.4. The Renter may not, without written permission from the Lessor, even in the event of a defect or accident, leave the Machine behind. In any case, the rental will continue at least until the return and repair of the Machine.
8.5. The Renter undertakes to immobilize and decommission the equipment in the event of a breakdown or anomaly in the operation of the machine.
9. Return of the machine
9.1. The Machine must be returned to the location specified by the Lessor at the expense of the Renter. The Renter remains bound by the obligations under the Rental Agreement until the time of effective return to the Lessor. He thus remains the custodian and commits himself to, among other things, the further monitoring of the rented equipment and continues to bear the risk thereof until a return slip is signed by the Lessor. The return of the Machine, cleaned and - apart from normal wear and tear of the machine - in its original condition, with full tank and reservoirs, as well as the keys, tyres, documents, tools, and all other accessories must be made to an authorized member of staff of the Lessor during the opening hours of the offices at the place and date indicated by the Lessor. If this is not the case, the Renter will compensate the Lessor for all damage and/or thefts established by the Lessor.
9.2. The Lessor reserves the right to increase the visible and non-visible damage within 7 working days after receipt. This notification is made to the Renter by means of an e-mail with accompanying photos. The Renter has 7 working days to respond to this or to inspect the material. After this period, the Renter is deemed to have agreed without any reservations and in full with the damage charged to him and the resulting costs can be recovered from the Renter by the Lessor without prejudice.
9.3. Taking into account the return obligations imposed on the Lessor by its suppliers, the Renter undertakes, at the written request of the Lessor, to exchange the Machine for a Machine of the same category on the date set by the Lessor. If no such exchange takes place on the scheduled date, the Lessor reserves the right to recover from the Renter any financial damage resulting from the refusal to exchange or from the late exchange.
9.4. The Renter expressly waives any right of retention in the Machine.
10. Damage or Loss
10.1. All damage, with the exception of normal wear and tear, which will be determined on the Machine upon return, will be deemed to have been caused by the Renter and will be borne by the latter. The risk regarding the use of the Machine is borne by the Renter during the entire term of the Rental Agreement. The risk of damage to the Machine passes from the Lessor to the Renter at the time of delivery as set out in Article 2. The risk passes back from the Renter to the Lessor at the time of return as set out in Article 9.
In principle, the Lessor opts to provide in the Rental Agreement that it will cover this risk to the benefit and at the expense of the Lessee by taking out insurance (the deductible provided for in any insurance policy is always at the expense of the Lessee, and will also mainly cover the costs for towing, repatriation and breakdown costs). This option is always expressly stated in the special terms and conditions.
10.2. The Renter is obliged to observe all conditions of this possible insurance policy. In insurance contracts concluded by the Renter, the Lessor must be included as beneficiary of the payment in the event of an intervention by the insurer.
10.3. The Lessor has the right to terminate the Rental Agreement (without owing any compensation or notice period) if the Renter or its designated driver is refused by the insurer or if the insurer cancels the insurance policy or charges an additional premium.
10.4. The Renter shall observe the guidelines regarding repairs provided by the Lessor.
10.5. If an accident is not immediately reported by telephone (or via fax or e-mail), then confirmed in writing within 48 hours after the accident by means of the appropriate accident report form or if the instructions of the Lessor for repairs are not followed , the Lessor (if applicable) will not be obliged to pay the repair costs. Furthermore, in that case the Lessor will also not have to provide a Machine for replacement (insofar as such a replacement would have been agreed in the Rental Agreement).
10.6. If third parties are involved in an accident, the Renter will provide all necessary information to enable the insurer to investigate the claim and, where appropriate, to compensate for any damage. In the event of refusal by the insurer to compensate for any damage resulting from negligence on the part of the Lessee, this damage, including the repair costs, will be borne by the Lessee.
10.7. Insofar as this should prove necessary, the Renter authorizes the Lessor to collect for its own benefit any eventual damage relating to the Machine directly from the liable third party or any insurer.
10.8. The damage caused by fire to the Machine (due to an external cause) is only insured insofar as there is no intervention of any other policy. Any damage caused by fire to the building must be covered by the renter's fire insurance.
10.9. The cost of loss or destruction of or other damage to the Machine not exceeding any amount exempted by the insurer shall be fully borne by the Renter. Under no circumstances can the Renter hold the Rentee liable for compensation for damage that does not exceed this exempt amount.
10.10. Loss of, destruction of or damage to the Machine exceeding any amount exempted by the insurer shall be borne by the Renter insofar as it is not covered by the comprehensive insurance. Unless otherwise agreed in writing, the Renter must compensate the full damage incurred by the Machine during the rental period. Any cost that exceeds the stated exemption but is not or only partially reimbursed by the comprehensive insurance to the Lessor, is at the expense of the Renter. For example, any repair of damage must be compulsorily repaired by the Lessor at the expense of the Lessee if the repair costs exceed the exemption limit.
10.11. The Renter shall at all times ensure that the Lessor's title to the Machine appears to be sufficient and is safeguarded against third parties.
10.12. The Lessor furthermore reserves the right to track and record the location of the Machine at all times (via track & trace), in order to be able to quickly detect any possible theft or misappropriation.
10.13 If the Rental Agreement does not expressly provide that the Lessor will take out insurance, the Renter is, however, obliged to insure the Machine itself adequately, for:
B.A. or Civil Liability;
Theft, embezzlement or vandalism, up to the total value of the Machine (including equipment) and/or the costs associated with the recovery of the non-returned Machine. In the event of theft, embezzlement and/or vandalism, the Renter must immediately report and, where appropriate, lodge a complaint with the local police and provide the Lessor with a copy of the police report. In addition, in the event of theft, the Renter must immediately return the keys and documents of the Machine to the Lessor;
The Renter is further advised to take out comprehensive insurance against all damage to the rented material, up to and including any total loss, as a result of an accident. This damage is fully at the expense of the Renter, including the resulting costs or compensation (i.e. cost price of a new similar Machine in the event of total loss).
In this case, the Renter must also provide a copy of the contract and a certificate to the Lessor and these must be approved by the Lessor.
11. Liability
11.1. Any (criminal) liability arising from the use of the Machine shall be borne by the Renter. Damages and fines for which the Lessor would be held accountable must be paid by the Lessee at the first request. In addition, an administration fee of EUR 10 will be charged to the Renter for any violation by the Renter or its agent for which the Lessor would be held liable.
11.2. The Renter and the drivers (to which the Renter warrants) undertake to declare to the competent authority that they do not use the Machine on behalf of the Lessor, and that they assume all responsibility for the condition of the Machine , its equipment, accessories and documents, and for criminal or civil wrongdoing.
11.3. The Renter indemnifies the Rentee against any liability. The Lessor can never be held liable for indirect damage, except in the case of fraud or intentional error. Moreover, any liability of the Rentee is (except in the case of fraud or intentional error) in any case limited to the rental price received, excluding VAT and costs. All claims for compensation of damages from the Renter against the Rentee expire in any case 12 months after the event that caused the damage. The Renter acknowledges that the liability limitations set out in this article also apply in the event of gross negligence on the part of the Lessor.
11.4. The Renter is responsible for any use contrary to current legal provisions or contrary to the provisions of this Rental Agreement.
11.5. If the Renter incurs material damage or physical injury while using the Machine, he can under no circumstances claim compensation from the Lessor, except in the case of fraud or intentional error on the part of the Lessor.
11.6 The Renter is liable for any work that he carries out with the Machine and he must take out adequate insurance for this purpose.
11.7 If the Renter and/or its legal successor consists of more than one (legal) person(s), each of these (legal) person(s) will be jointly and severally liable to the Lessor for the obligations arising from the Rental Agreement.
11.8 The Tenant acknowledges that the recovery of any damage caused by an operational error by an auxiliary of the Landlord (including (the permanent representatives of) its directors) in the performance of the contractual obligations of the Landlord, is only grounds for a contractual liability claim against the Landlord itself and, within the legal limits, is not grounds for a tort liability claim against the auxiliaries of the Landlord, even if the event giving rise to the damage constitutes a tort, unless there is fraud, intentional fault, or fault of the auxiliary resulting in an impairment of physical or mental integrity.
12. Temporary and permanent replacement machine
12.1. For repairs that take more than 24 hours, excluding weekends and holidays, and insofar as this is expressly stated in the Rental Agreement, the Lessor will provide a similar machine as a temporary replacement for the Machine during the period that the Machine is unavailable for the Renter.
12.2. This replacement can only be carried out by the Lessor or through the mediation of the Lessor and for a maximum duration of 30 calendar days. The kilometres/hours worked with this machine offered for replacement are considered to have been covered with the replaced Machine.
12.3. Due to serious technical or other problems, the Lessor has the right to replace the Machine with another machine of the same category under the same conditions for the remainder of the Rental Agreement.
13. End of Rental Agreement
13.1. The Rental Agreement ends on the end date when the Renter has returned the Machine in perfect condition to the Lessor with all vehicle documents (such as the registration certificate, the certificate of conformity, the green insurance card, the CE certificate of the Machine) and of any accessories as well as the most recent inspection certificates and inspection reports, the keys and any other accessories.
13.2. In the event of early termination by the Renter (or by the Rentee at the expense of the Renter) of a Rental Agreement of 1 year or more for any reason whatsoever, the Rentee shall be entitled to claim re-letting compensation in addition to any other damages in an amount equal to the rent for the remaining rental period provided for in the Rental Agreement, with a maximum of an amount equal to 6 months' rent.
13.3. The Rental Agreement may be terminated by the Lessor at any time and with immediate effect (by means of a written notice stating the reason(s) thereof), at the expense and disadvantage of the Renter when:
1° the Renter violates the provisions of Article 6; 2° the Renter sub-leases the Machine or transfers the lease; 3° the Renter fails to present the Machine for inspection after 75 calendar days after the last inspection; 4° the maximum number of kilometers is exceeded by more than 10%; 5° the Renter fails in his maintenance obligation; 6° the Lessee has technical interventions carried out by persons other than the Lessor; 7° the Renter fails to notify the Lessor immediately when an accident occurs or provides false information about it; 8° a bankruptcy or liquidation or any procedure of suspension of payment is requested by or instituted against the Renter, when the Renter makes a transfer in favor of creditors, when a receiver or administrator is appointed over his person or the goods of the lease, if the Renter makes or allows a voluntary or forced transfer of its rights in the Machine or if the Renter allows a lien, (prejudicial) attachment or levy to be imposed on the Machine, unless such statement, transfer, disposal, lien, ( prejudgment) attachment or levy is withdrawn or declared null and void within twenty calendar days (and this to the extent permitted by and subject to the conditions of the insolvency law of the state where the Lessee's registered office is located); 9° a (other) breach of the Rental Agreement is committed (without prejudice to the application of article 13.4 of these terms and conditions) or there is a compelling reason that allows the Lessor to demand the return of the Machine before the end of the rental period; 10° the Renter (if a natural person) dies, unless his legal successors continue the Rental Agreement with the consent of the Rentee; 11° the Lessee's activities are (largely) halted or discontinued; 12° the Renter vacates (largely) or apparently permanently leaves his site or establishment without prior written notice; 13° it appears that the Renter is no longer solvent (in accordance with Article 1 of these terms and conditions); 14°° another circumstance arises, which may raise reasonable doubts for the Lessor about the proper fulfillment by the Renter of its obligations under the Rental Agreement;
13.4. The Rental Agreement can also be terminated immediately within 10 days after a reminder by the Lessor, at the expense and disadvantage of the Lessee if;
1° the Renter fails to pay the rent after thirty days after the due date (the first of each calendar month); or 2° the Renter fails to pay any claimed compensation, exemption or penalty.
13.5. In the event of dissolution of the Rental Agreement for one of the reasons stated above, all rents due will become immediately due and payable and the Renter must return the Machine to the Lessor on the same working day. Per day of delay that the Machine is returned, regardless of whether the Rental Agreement has been dissolved / broken or whether it is coming to an end, 0.5 percent of this will be charged as fixed compensation on top of the agreed rental price, with a maximum of 12 percent, plus any costs. If the Renter does not comply with the Lessor's request to return the Machine, the Lessor shall be entitled to take possession of the Machine, even if the Renter objects to this. In this case, the Renter has no right to make any claim (including, but not limited to, a claim for disorder of possession). The costs resulting from such a recovery shall be borne by the Renter. The repossession, resale or re-rental of this Machine shall not preclude Lessor from claiming damages from Renter. The rights and remedies of the Lessor in the event of the cancellation, termination or expiration of this rental (including damages already specified), shall not be considered exclusive, but shall be cumulative and in addition to all other rights and remedies provided by law. in favor of the Rentee.
13.6. If the Machine is stolen and is not found within 10 days or if the Machine is damaged and cannot be repaired within 10 days, the Lessor may immediately terminate the Rental Agreement on the relevant 10th day without prejudice to the right of the Lessor to recover all damage suffered as a result from the Renter.
13.7 The Renter who fails to return the Machine at the time specified in the Rental Agreement will be subject to civil and criminal prosecution and will be required to pay a usage fee corresponding to the rental price as provided for in this Rental Agreement, without any tacit renewal. of the Rental Agreement. In addition, in such event, the Renter authorizes the Lessor to immediately take back the Machine where it is located without prior notice and releases the Lessor from any liability for any damage or expense resulting from such recovery, including the loss of or damage to any object contained in the Machine, unless such damage or loss was caused by intent on the part of the Lessor or its agents.
14. Data Processing
The Renter and Rentee undertake to fulfill their respective obligations arising from the applicable privacy legislation, including but not limited to the General Data Protection Regulation 2016/679 (GDPR) and the Law of 30 July 2018 (Law on the protection of natural persons with regard to the processing of personal data). The personal data of the user of the Machine will not be processed by the Lessor and the Renter confirms that, as the controller, it has taken appropriate technical and organizational security measures to protect the personal data, as well as the necessary obligations, if any, with regard to the user of the Machine. to have complied with the Machine and to indemnify the Lessor against any claim from the user. If the Lessee is a natural person, the Lessor confirms to have informed the Lessee of the registration of the personal data relating to him/her (if applicable) in the file of the credit insurer (and the purpose of the processing: granting credit and management) who is the holder of the file. If the Renter is a natural person, the Rentee will always process the personal data in accordance with the applicable legislation and in accordance with its "privacy policy" which can be consulted at www.delille.be/nl/privacy-policy.aspx.
15. Geolocation
The Lessor confirms that the technique of geolocation is used so that the Lessor is aware of the exact location of the rented Machine. The Lessor clarifies that it uses this technique for the purpose of monitoring the location of its Machine and the financial value of this Machine. The Renter will always inform each user of the Machine in an appropriate and frequent manner that the geolocation technique is being used, the purpose and the retention period of this technique. The collected location data of the Machine will be kept during the rental of the Machine and for a maximum period of 3 months after termination of the rental and will not be shared with the Renter. For the sake of completeness, the Renter confirms that it will not communicate any (personal) data of the user of the Machine to the Lessor.
16. Fees and Taxes
All costs, both judicial and extrajudicial, incurred by the Lessor to safeguard its rights under the performance of the Rental Agreement, are at the expense of the Lessee. This also applies to any taxes of any nature whatsoever relating to the Rental and/or maintenance agreement. Insofar as these are not included in the rent, they will be paid separately by the Renter to the Rentee upon first request and in the manner indicated by the latter.
17. Divisibility
If one or more of the clauses of these general terms and conditions are declared null and void, this nullity will in no way affect the other provisions of the general terms and conditions, nor the agreement as a whole. In that case, the void clause will be replaced by a clause that is legally valid and that is as close as possible to the purpose and scope of the original (null and void) provision.
18. Disputes
The parties declare that this agreement is governed by Belgian law. All disputes fall under the exclusive jurisdiction of the Courts competent for Kortrijk.
19. Foreclosure / Insolvency
19.1 If a third party tries to enforce its rights to the Machine in the form of a demand, opposition or (prejudicial) attachment, the Renter must immediately report this to the Lessor and take the necessary steps to inform this third party in a timely manner of the (property) rights of the Rentee.
19.2. If the Renter is subject to insolvency proceedings or a prejudgment attachment, the Lessor may terminate the agreement in accordance with Article 13.3, to the extent permitted by and subject to the conditions of the insolvency law of the state where the Renter's registered office is located. However, if the directors or the trustee commit themselves in writing to pay all existing and future invoices, the Lessor will have the option of continuing the agreement or not. The Lessor retains full ownership of the rented equipment, which in no event belongs to the Renter's asset. The Lessor may immediately claim and take back the Machine. In case of refusal of delivery, the Lessor can immediately claim the value of the rented property.
Privacy policy
Last updated on 16 May 2018
This privacy policy describes how De Lille sa collects, holds, shares, protects and processes your personal data.
This privacy policy is directed at our current and previous customers, prospects and persons who have or have expressed an interest in our products and services.
It applies to personal data collected, used and processed by De Lille nv. By accepting the new privacy policy when you register on our website or when you provide us with your personal data, you acknowledge that you are aware of its content and you expressly consent to the way in which De Lille nv will process your data.
Because we value your privacy, we will process your personal data (hereinafter defined) fairly, lawfully and transparently, in accordance with the principles set out in the Belgian and European privacy legislation.
Who is responsible for processing your personal data?
The personal data that you share are recorded in a file of De Lille nv (whose registered office is located at Hulstsestraat 2, 8860 Lendelede and registered in the register of legal persons of Ghent, division Kortrijk, with company number 0422.838.242) (hereinafter referred to as "DELILLE" or "we"). DELILLE will act as the controller of your personal data.
What personal data is collected and used?
We may process the following personal data, depending on the relationship we have with you;
Professionals: company details (name, address, telephone (landline or mobile), e-mail), VAT number and company number.
Make and model of the products and services in which you have expressed an interest or requested an offer.
Make, model, vehicle type, chassis number, soap number, engine number, year of construction, mileage and license plate of the products you have purchased and order information.
In case of first use: make, model, service number and accessory data of the products you will use for the first time.
In case of repair: chassis and service number, internal machine number, plate number, mileage, nature of the repair.
If you visit our website, for Google Analytics: IP address and network location, duration of visit, pages visited, duration of visit per page, type of browser, type of operating system, type of flash version, JavaScript, screen resolution.
If you send a contact form via our site: e-mail address
On what basis is your personal data processed?
We may process your personal data if :
you have given us your consent for the purposes set out in this privacy policy (see below). Please note that you have the right to withdraw your consent at any time;
It is necessary for the performance of our agreement/services you have requested;
This is required by law (or other provisions).
For what purposes are your personal data processed?
The personal data that has been collected will only be used and processed for the purposes mentioned below.
To provide you with access to some of our services (see below);
For the purposes of Google Analytics, to receive an indication of changes in the number of visits to our site, to find out whether we are reaching a particular market sufficiently and to find out which stock exchanges and stocks influence visitors to our site;
Your personal data will also be used to prevent, detect and analyse possible prohibited or illegal activities, fraud and security breaches and to enforce our terms of use. The use of our website and the provision of your personal data require your express consent.
With your consent (Art. 6a. of the Privacy Act)
In order to process the request you have sent us via our website, by telephone or by e-mail.
In order to draw up a quotation or to execute your contract (art. 6b of the law on the protection of privacy)
For the processing, confirmation and follow-up of your order, general customer management, after-sales service and direct debit (including the possible transfer of claims to third parties).
For maintenance, repair and troubleshooting of your product.
For accounting purposes.
For the protection of your vital interests or those of another person (Art. 6d of the Privacy Act)
To be able to contact you immediately in the event of a recall campaign organised by the manufacturer of your product
To comply with the legal obligations to which we are subject (art. 6c of the law on the protection of privacy):
In some cases, the legal obligations to which we are subject, such as tax and accounting obligations, may require the processing, storage and/or transmission of data to the competent authorities.
Who will receive your personal data?
In accordance with the purposes described above, we may transfer your personal data to the following categories of recipients:
To our subcontractors, where we use them to perform certain services on our behalf (e.g. call centres, advertising agencies, ICT providers, cloud providers, insurance companies, etc.). In this case, these third parties may only use your data within the strict limits of the instructions they receive from us.
To our subcontractors, when we use them to perform certain services on our behalf in the context of maintenance, diagnosis, compensation, repair, loan or rental (De Lille distributors, De Lille service partners, rental companies).
Service providers: the manufacturer of your product, your product's engine, spare parts, GPS tracking, product monitoring and/or safety systems.
To governments, supervisory authorities and other third parties under certain legal obligations, if we suspect and/or attempt to detect certain criminal offences, in connection with the enforcement of third party intellectual property rights, if we believe that you have violated the terms of use of our website and/or applications or if we wish to enforce our privacy policy.
Is your personal data processed outside the European Economic Area (EEA)?
Your personal data will not be transferred outside the EU.
How is your personal data secured?
We take appropriate technical and organisational measures to protect your personal data from unauthorised processing or access.
However, our considerable efforts cannot guarantee 100% security of your data against possible threats.
How long will your data be kept?
We keep your personal data for as long as it is needed for the purposes described in this privacy policy or for the purposes of the law.
Please note that our online services may contain links to other online services, including services provided by other affiliated companies to which this Privacy Policy does not apply, but to which other privacy statements may apply that differ from this Privacy Policy. We therefore encourage you to read the privacy policies of all online services you visit before providing your personal data.
What are your rights regarding the processing of your personal data?
It is important that your personal data is kept up to date. Please inform us of any changes that need to be made to your personal data
We would also like to point out that you can withdraw your consent at any time.
We would also like to remind you of your rights regarding your personal data:
Right of access: you have the right to access the personal data we process in accordance with Belgian and European privacy legislation;
Right of rectification: you have the right to rectify erroneous personal data in accordance with Belgian and European legislation on the protection of privacy;
Right to erasure: you have the right to ask us to erase your personal data in accordance with Belgian and European privacy legislation;
Right to restrict processing: you have the right to request a restriction of the processing of your data in the cases described in the Belgian and European privacy legislation.
You have the right to object to the processing of your personal data in accordance with Belgian and European privacy legislation. When your personal data is processed for direct marketing purposes (including profiling), you have the right to object to the processing at any time.
Right to data transfer: you have the right to obtain the data you have provided to us in an ordinary, structured and machine-readable format and to transfer it to a third party of your choice.
To exercise the above rights, please contact avg@delille.be
We will do our utmost to respond positively to your request, provided that it complies with applicable laws and regulations.
Right to complain to a supervisory authority: you have the right to complain to a supervisory authority in accordance with Belgian and European privacy legislation.
Additional information
If we have received your personal data via a social network (e.g. Facebook, Twitter, etc.) or by a third party, we will inform you of this.
Changes
We may update and/or amend this privacy policy from time to time. You will be notified immediately of any such changes. You will be asked to re-read the relevant privacy policy and review how your personal data will be processed, collected, used and shared. You will then be asked to re-accept the relevant (most recent) version of the privacy policy.
Cookies
At no time will online data be linked to our internal service via so-called "cross device measurement".
Contact Information
We strive to protect your privacy and your personal data. If you have any questions about our privacy policy or the data we collect and process, please feel free to contact us by e-mail at avg@delille.be
DISCLAIMER
This disclaimer applies to the website http://www.delille.be, operated by DE LILLE NV (hereafter also referred to as "we" or "us"). We kindly ask you to read carefully the contents of this disclaimer, in conjunction with the privacy statement (available at http://www.delille.be), before using this website in any way. By using this website, you explicitly agree with the contents of this disclaimer. If you experience any inconvenience while reading this disclaimer or if you do not agree with its contents, we request you not to continue using this website.
1. The content and information on this website
The information available on this website is of a general nature. The information is not adapted to personal or specific circumstances and cannot be considered as personal advice. This website and all the materials offered on it are available as they are in their present condition and without any guarantees. The use of the website and of the information available on this website is therefore strictly at your own risk.
This website contains hyperlinks to other websites over which we have no control. We cannot guarantee the completeness or correctness of the content or information, nor the availability of these other websites. Therefore, we cannot be held liable for any direct or indirect damage resulting from the use of these other websites.
2. Liability
We make great efforts to ensure that the information offered is complete, correct, accurate and up-to-date. However, inaccuracies may occur. If the information provided contains errors or if certain information is not available, we will try to correct this as soon as possible. If you should notice any inaccuracies, please contact us (see contact details below).
We endeavor to secure the website by all reasonable means and to limit any inconveniences caused by technical errors as much as possible. However, we cannot exclude the possibility of faulty technical maneuvers or unauthorized interventions. We cannot guarantee uninterrupted access.
We are not liable for indirect damage, or consequential damage, including but not limited to loss of time, emotional damage, loss of an opportunity, loss of data, loss of profit, etc. Except to the extent that this is impossible under Belgian law, our contractual and extra-contractual liability in connection with the use of this website is limited to the amount of the transaction in question with a maximum of the amount covered under the applicable liability insurance in the case in question, unless the law permits an even lower limitation.
Nothing in this disclaimer shall exclude our liability for willful misconduct or fraud, physical injury, gross negligence and death.
Complaints arising from the use of the website shall only be accepted if submitted in writing within a period of five working days after the defects in question have been discovered.
3. Intellectual property
The texts, images, video and sound files reproduced on this website are protected by intellectual rights and belong to us or other entitled parties and may only be reproduced or communicated to the public with our express, prior and written consent.
4. Amendments
We reserve the right to amend this disclaimer at any time. If the disclaimer is amended, the amendment will be announced on the website and/or by e-mail and the disclaimer will come into effect thirty (30) days after the announcement. This disclaimer was last amended on 2 April 2014.
5. Applicable law and competent court
This disclaimer is governed by Belgian law. Any dispute over the interpretation or application of this agreement shall be subject to the jurisdiction of the courts of the judicial district of Kortrijk, unless another court is prescribed by law.
6. Contact details
For further information or comments:
Address: .Hulstsestraat 2, 8860 Lendelede...............
E-mail address: info@delille.be
Telephone number: 056738080.
