Rental Terms and Conditions Zeevenhooven Air (effective 1 September 2021)

Definitions

In the rental agreement and these terms and conditions, the following terms shall have the meanings set out below:

Lessee: the legal entity or natural person to whom the equipment is made available
Lessor: Zeevenhooven Air B.V. (Chamber of Commerce no. 24220878)
Rental Agreement: the document recording the names of the Lessee and the Lessor, the arrangements made and the equipment rented.
Rental Rates: the consideration agreed for the use of the rental equipment, as set out in the rental guide.
Rental Equipment: all equipment offered by the Lessor.

Rental Terms and Conditions

All rental rates are based on a minimum rental period of one day. Weekly rates are based on five working days per week and eight operating hours per day. If the equipment is operated for more hours, the additional hours will be charged pro rata, up to a maximum of twice the eight-hour rate. The cost of lubricants and fuel shall be borne by the Lessee. All machines are delivered with a full fuel tank; upon return, the cost of refilling the tank to full capacity will be charged to the Lessee. Freight charges for the delivery and/or collection of machines will be charged to the Lessee in full.

The Rental Equipment is not insured unless otherwise agreed. The Lessee is fully liable. The Lessee shall indemnify and/or compensate the Lessor against all claims brought against the Lessor arising from the use of the Rental Equipment.

The Lessee's liability begins when an employee of the Lessor (e.g. a driver) hands over the Rental Equipment to the Lessee and ends when the Lessee returns the Rental Equipment to an employee of the Lessor.

The rental period begins at the start of the day agreed between the Lessee and the Lessor.

The rental period ends on the day agreed between the Lessee and the Lessor.

If the rental period exceeds one week, the Lessor will issue an interim invoice.

The Lessor is entitled to terminate the Rental Agreement with immediate effect, without notice of default or judicial intervention, if:

The Lessee fails to perform, or properly perform, any of its obligations under the Rental Agreement.
An application has been made for a suspension of payments in respect of the Lessee or for the Lessee to be declared bankrupt.
An attachment has been levied against the Lessee's assets.
The Lessee's business is wholly or substantially suspended, discontinued or liquidated.
The Lessee wholly or substantially vacates, or evidently permanently abandons, its site or place of business without prior written notice.
Any other circumstance occurs that may reasonably cause the Lessor to doubt whether the Lessee will perform its obligations under the Rental Agreement.
Any collection costs incurred shall be borne by the Lessee.

The Lessee must handle all Rental Equipment in accordance with the Lessor's written instructions, keep it in good condition at all times and use it for its intended purpose. The levels of engine oil, compressor oil, coolant and distilled water (battery) must be checked daily. The Lessee must observe the maintenance intervals stated on the equipment and, where necessary, notify the Lessor. The relevant information can be found on the service sticker affixed to the equipment.

The Lessee is liable for any damage to the equipment arising during the rental period, unless such damage is caused by normal wear and tear of the equipment itself. The Lessee undertakes to compensate all damage resulting from careless or improper use, loss, damage, insufficient maintenance, or rendering equipment or installations unusable or worthless.

10.

Official reports and fines incurred during the rental period will be charged to the Lessee.

11.

Any malfunction of the equipment must be reported immediately, and in any event within 24 hours, to the Lessor's service department. In the event of a malfunction, the Lessor will repair the machine concerned on site within a radius of 300 km from Rotterdam Europoort, at the Lessee's expense, unless the defect is caused by normal wear and tear or by an inherent defect in the installation. No rent will be charged for malfunctions lasting more than one day, provided that the malfunction was reported in time and is the result of normal wear and tear or an inherent defect in the installation. Work on the installation may only be carried out by persons designated by the Lessor, except for daily inspections performed in accordance with the instructions. The Lessor shall under no circumstances be liable for business interruption losses resulting from a malfunction or from the rented installation/equipment failing to function, or failing to function properly.

12.

The Lessee must inform the Lessor of the location where the installation is being used. The Lessor must be granted access to that location at all times for inspections or maintenance work. The installation may only be moved from its original location with the Lessor's written consent. The installation may not be sublet or lent to third parties without the Lessor's written consent.

13.

At the end of the rental period, the Lessee must return the equipment undamaged and clean. Returned equipment will be inspected and tested at the Lessor's workshop, if requested in the presence of the Lessee. Any damage and defects will be reported to the Lessee. The cost of repair or replacement shall be borne by the Lessee, unless the defects were caused by normal wear and tear or an inherent defect in the equipment itself.

14.

By taking receipt of the equipment, the Lessee undertakes to comply with these terms and conditions and accepts the liabilities arising from them.

15.

Environmental surcharge. An environmental surcharge applies to all equipment fitted with an internal combustion engine and shall be borne by the Lessee.

16.

The Lessee acknowledges and, insofar as necessary, agrees that ownership of the object may vest or come to vest in a third party, or that the object may be or become pledged to a third party as security for payment of all amounts that such third party has or may have receivable from the Lessor.

17.

Notwithstanding this Rental Agreement, the Lessee shall surrender the object to the third party upon first request, without invoking any right of retention, if and as soon as the third party demands surrender of the object due to the Lessor's failure to perform its obligations towards that third party. As a result of such demand, this Rental Agreement shall be terminated by operation of law with immediate effect. The object must be surrendered at the third party's offices or at a location designated by the third party.

18.

If the situation described in clause 17 arises and the third party wishes the Lessee's use of the object to continue, the Lessee must, upon the third party's first request, enter into a rental agreement with the third party for the remainder of the term of this Rental Agreement and on identical terms.

19.

The parties expressly exclude the applicability of Sections 7:226 and 7:227 of the Dutch Civil Code.

20.

The third-party clause set out in clauses 16 through 19 may not be revoked by either the Lessee or the Lessor.

21.

All agreements to which these terms and conditions apply in whole or in part shall be governed by the laws of the Netherlands applicable in the European part of the Kingdom of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

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