Terms and Conditions

These general rental conditions apply to all agreements whereby Klinkers BVBA leases goods to third parties. The tenant is deemed to be aware of our terms and conditions and must agree to this.

These conditions apply to every tender or offer from the lessor and to every agreement between the lessor and the lessee, except and to the extent that the lessor has deviated from these conditions in writing, to the exclusion of the general conditions applied by the lessee.

3.1 Payment must be made in cash when the rental materials are made available. Payment of the additional costs on account of the dirty, damaged, non-delivery or late delivery of the rented materials, including packaging, must be made in cash when the rented materials are returned, insofar as the deposit to be paid pursuant to Article 5 is not sufficient. If the tenant receives an invoice for the aforementioned costs, payment can be made by bank.

3.2 The decision to pay by bank is reserved to the lessor. In that case, payment must be made within 15 days of the invoice date.

3.3 After the payment term has expired, the tenant is legally in default and all claims of the lessor against the tenant are immediately due and the lessor has the right to suspend the execution of agreements until the tenant has fulfilled all due and payable obligations. In the event of death, the intention to apply for or declare bankruptcy, suspension of payment or the intention of a private debt restructuring or liquidation of the (company of the) tenant, the obligations of the tenant are immediately due and payable.

3.4 As soon as the tenant is in default, he owes an interest of 1.5% per month, or part thereof. All costs incurred by the landlord for obtaining satisfaction in and out of court will from that moment be for the account of the tenant. In that case, the tenant owes a fee of 10% of the outstanding amount, with a minimum of € 125.00. If the lessor proves to have incurred higher costs, these will also qualify for reimbursement.

3.5 Payments made by the tenant first serve to settle the interest and costs due, and then the due and payable invoices that have been outstanding the longest. All payments by the tenant must be made without any right to suspension, discount or settlement.

3.6 If the tenant cancels 15 working days or more before the day of making the rented materials available, the cancellation costs amount to 25% of the rent. If the tenant cancels between 15 and 10 working days before the day the materials are made available, the cancellation costs amount to 40% of the rent. If the tenant cancels 9 working days or less before the day of making the rented materials available, the cancellation costs amount to 75% of the rent. In the event of cancellation on the day of availability, the entire rent remains due.

3.7 Klinkers BVBA retains ownership of all goods supplied by it. The tenant is obliged to keep the items that are delivered under retention of title carefully and as recognizable property of Klinkers BVBA. Klinkers BVBA is entitled to take back the goods that have been delivered subject to retention of title and that are still present at the tenant, if the tenant does not ensure timely payment of the invoices or is experiencing payment difficulties or is in danger of going into payment. The renter will at all times grant Klinkers BVBA free access to his property for inspection thereof and / or for exercising the rights of Klinkers BVBA.

4.1 Upon implementation of the agreement, the lessor is entitled to make minor deviating or similar rental materials available, without this providing grounds for termination of the agreement.

4.2 Unless explicitly agreed otherwise, the tenant must collect the rental materials at the delivery address of the lessor. Identification must be done with a valid identification. The rental materials must be returned on the agreed day.

4.3 If it has been agreed that the lessor will deliver the rental materials, these will be delivered to the place of destination specified by the lessee at the workplace. Workplace is understood to mean the place where the provision must be made, this place must be immediately accessible for the lorry's trucks, or a loading or unloading point at a maximum of 10 meters away. A surcharge may be charged for posting at a location other than the workplace.

4.4 The tenant is obliged to treat the rented goods in accordance with the operating instructions, which were handed over to the tenant upon delivery of the goods.

4.5 The tenant may not make any changes to the rented items.

4.6 The leased items may not be sublet or be made available to third parties without the written permission of the lessor.

tenant owes the landlord a deposit, which is determined by the landlord. The deposit is settled with the costs arising from the obligations of these general terms and conditions. The deposit minus any costs to be settled will be refunded within 10 working days after returning rental materials.

6.1 The light and sound equipment and accessories are not insured during the tenant's possession, the tenant must take care of this himself. Transport, fire and storm damage are also at the expense of the tenant.

8.1 During the rental period all risk of the rented property is for the tenant. The landlord cannot be held liable for any visible or invisible, hidden or hidden defect. Furthermore, the lessor is never liable for any consequential damage suffered by the tenant in the event of defects in the rented property. The lessor is only liable for direct damage caused by its intent or gross negligence. Any liability of the lessor is limited to the net invoice price.

8.2 Damage to light and sound equipment and accessories in whatever form are at the expense of the tenant.

8.3 From the moment the rental materials are made available, including packaging, the tenant is fully liable for loss, damage, breakage and any loss of quality of the rental materials for whatever cause and is obliged to compensate the lessor for all resulting damage. The damage is determined by counting upon arrival at the lessor's warehouse by the lessor. The count by the lessor is binding for the parties.

8.4 If the rental materials have to be made available at a place other than the workplace at the request of the lessee, all damage that arises as a result of the execution of this request will be at the expense and risk of the lessee.

9.1 Force majeure is understood to mean circumstances that prevent compliance with the obligation and that cannot be attributed to the lessor. Force majeure includes in any case: stormy weather, delays, no or incomplete delivery by the lessor's tenants, unforeseen stagnation at suppliers or other third parties, strikes, general transport problems and the inability to obtain the landlord's fulfillment of the agreement business or services.

9.2 During the period of force majeure, the delivery and other obligations of the lessor are suspended. If the period in which fulfillment of the obligations by the lessor is not possible due to force majeure lasts longer than 24 hours, both parties are entitled to dissolve the agreement, without any obligation to pay compensation arising or arising in that case.

9.3 If, upon the commencement of the force majeure, the lessor has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to charge the part already made available or the part that can be made available separately as it concerned a separate agreement.

The lessor has the right to immediately terminate the agreement with the lessee, without notice of default or judicial intervention if:

- the lessee does not meet his due obligations towards the lessor;

- after concluding the agreement, the lessor becomes aware of circumstances that give the landlord good reason to fear that the tenant cannot meet his obligations.

Dispute settlement and choice of law Any dispute between the lessor and the lessee will, in the event that the Court has jurisdiction, be settled in the first instance by the District Court in Mechelen.