BSE Light & Sound Rental Tel. 050-3134433 Hoendiepskade 24/1 Fax.050-3141331 9718 BG Groningen Chamber of Commerce no. 02047852
The general terms and conditions below have also been filed with: the Chamber of Commerce in Groningen under number 1270.
- ARTICLE 1: Applicability of these conditions.
- ARTICLE 2: Offers.
- ARTICLE 3: Agreements.
- ARTICLE 4: Delivery.
- ARTICLE 5: Receipt and complaints.
- ARTICLE 6: Returns.
- ARTICLE 7: Care & risk.
- ARTICLE 8: Cancellation.
- ARTICLE 9: Payment.
- ARTICLE 10: Compensation for late payment.
- ARTICLE 11: Applicable law.
- ARTICLE 12: Competent court.
ARTICLE 1: Applicability of these conditions.
These conditions apply to all rental and letting agreements entered into by the lessor with third parties. Deviations from these conditions only apply if and to the extent confirmed in writing by the lessor.
ARTICLE 2: Offers.
All offers and price estimates are entirely without obligation, unless otherwise stated and based on any information provided with requests or at the time of the order. The prices stated are exclusive of VAT.
ARTICLE 3: Agreements.
All agreements concluded with the lessor shall only become binding after written confirmation from the lessor. Agreements as referred to above and any additions thereto shall only bind the lessor after and to the extent and in the manner in which they have been accepted by the lessor and confirmed in writing. Only the management and persons authorized in writing by the lessor may enter into agreements on behalf of the lessor. The written order confirmation shall expressly state: A: The goods that form the subject of the agreement. B: The rental price C: The rental period D: The further conditions relating to the agreement and furthermore all that which must be stated on the order confirmation pursuant to these conditions. If the rental period commences within eight days after the lessor has accepted an order, the rental and letting agreement shall commence at the time of acceptance. The lessor shall then issue or send an order confirmation at his discretion.
ARTICLE 4: Delivery.
A: The lessor is obliged to deliver the rental goods in the agreed condition. B: If no delivery date has been agreed, the rental goods will be delivered before the start of the rental period. C: Delivery by the lessor will take place either at the lessor's home or at a delivery address designated by the tenant, which delivery address must then be expressly stated on the order confirmation. D: As proof of delivery, the lessor will issue a consignment note in duplicate to the tenant, one copy of which signed by the tenant will be taken back by the lessor if the tenant is not present at the place of delivery at the time of delivery to receive the rental goods and no one for or on behalf of him is the rental goods made available to the tenant by the lessor at the place of delivery. In that case, a consignment note will be left behind if possible, but in the event of a difference of opinion as to whether delivery has taken place or not, the burden of proof that delivery has not taken place lies expressly with the tenant. E: If, after the end of the rental period, the lessor is unable to accept the rental goods at the delivery address for any reason whatsoever, at the sole discretion of the lessor, the lessee is obliged to send these rental goods to the lessor within one week after the end of the rental period, carriage paid to the lessor, packed in accordance with the nature of the goods and the method of transport. F: If, on the day of the end of the rental period, the lessee fails to fulfil his obligation to return the goods, the lessee shall owe the lessor the rental price referred to in Article 3 divided by the number of days that this rental period has lasted for each day that the return is not made after the day of the end of the rental period, without prejudice to the liability of the lessee for any further damage incurred by the lessor and resulting from the failure to return the rental goods on time or properly, regardless of the cause of the failure to return on time or properly.
ARTICLE 5: Receipt and complaints.
A: The tenant is obliged to accept the rental goods at the time of delivery at the place of delivery by the lessor. B: The tenant is obliged to immediately satisfy himself of the correct number and good condition of the goods upon receipt of the rental goods. Complaints must be stated on the consignment note to be retained by the lessor. In the absence of this, all claims against the lessor will be forfeited. C: Even without receipt by or on behalf of the tenant, the lessor has fulfilled his obligation to deliver the rental goods in the agreed number and agreed condition if he has left the rental goods at the disposal of the tenant at the place of delivery. In that case, the rental goods are deemed to have been delivered in the agreed number and agreed condition; in the event of a difference of opinion about whether or not delivery was in the agreed number and agreed condition, the tenant is responsible for the express proof that the rental goods were not delivered in the agreed number and agreed condition.
ARTICLE 6: Returns.
A: After the rental period has expired, the tenant is obliged to return the rental goods. Returns will be made in the number and condition in which they were received and at the place of delivery by the lessor, unless expressly agreed otherwise in the latter case, of which fact notification will be made on the return slip. B: As proof of the return, the lessor will draw up a return slip (invoice-rental contract) in duplicate, of which 1 copy will be given to the tenant. C: In the event of a difference of opinion about return or whether or not return is in the correct number and good condition, the tenant is expressly responsible for proof that return has taken place.
ARTICLE 7: Care & risk.
A: The rental goods are entirely at the expense and risk of the tenant from the moment they are delivered by the lessor, or that they are made available to the tenant by the lessor, until the moment they are taken back by the lessor. B: All additional work, including making changes to the rental goods, is at the expense of the tenant, even if this additional work must be carried out on the basis of government regulations or by order of the local authorities. C: The tenant is obliged to immediately report any loss, theft, damage or damage, all in the broadest sense of the word, with regard to the rental goods to the lessor by registered letter and is obliged to fully compensate the damage, of whatever nature, that the lessor incurs as a result, regardless of the cause thereof, with the understanding that the compensation with regard to the rental goods themselves amounts to the new value.
ARTICLE 8: Cancellation.
A: The tenant is only authorised to cancel the rental agreement on condition that he notifies the lessor of this in writing at least 3 X 24 hours before the start of the rental period referred to in Article 3 and provided that the lessor has not already delivered the rental goods to the delivery address. The lessor reserves the right to charge the tenant a penalty of 25% of the agreed rental price. B: If the cancellation takes place within 3 X 24 hours before the start of the rental period referred to in Article 3, the lessor is entitled to charge a penalty of 75% of the agreed rental price. C: The lessor has the right to cancel the rental agreement at any time without stating reasons, which has no other consequence for him and for the tenant than that the rental agreement is terminated.
ARTICLE 9: Payment.
A: Payment of the rental price referred to in Article 3, including all additional costs under the agreement, must be made upon delivery of the rental goods referred to in Article 4, without any discount, set-off or otherwise, before the tenant takes the rental property into use. B: Payment of all amounts owed under these conditions other than those stated under A, must be made within 14 days after the relevant amount has been invoiced.
ARTICLE 10: Compensation for late payment.
A: If the tenant fails to pay on the date referred to in Article 9, the tenant shall be in default by operation of law without prior notice of default. In the event referred to in Article 9 under A, the landlord shall be entitled to immediately consider the agreement to be terminated, without prejudice to the landlord's right to demand payment by the tenant of the rent and/or compensation from the tenant. B: From the due date of payment of the amount owed in accordance with Article 9, the tenant shall owe the landlord interest of 10% of the outstanding invoice amount for each month by which the due date is exceeded. C: If the landlord is forced to hand over an unpaid invoice for collection to third parties (collection agency, lawyer, etc.), the landlord shall be entitled to charge compensation for extrajudicial and judicial costs incurred by the landlord in this regard. The extrajudicial collection costs shall be fixed at 15% of the principal sum and interest. The landlord shall also be entitled, where applicable, to charge a fine for the benefit of the landlord of 20% of the amount due.
ARTICLE 11: Applicable law.
Dutch law applies to all agreements concluded by the lessor and the Dutch court has jurisdiction over all disputes relating to agreements entered into by the lessor, even if the tenant does not have Dutch nationality and/or if the agreements are performed in whole or in part abroad.
ARTICLE 12: Competent court.
All disputes relating to agreements entered into by the lessor will be submitted to the competent court of the Groningen District Court, with the exception of any other legal body.