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CrediasNV/My-Trucks declares that the equipment described in the Special Terms and Conditions is rent to the user, who accepts. This agreement cannot be cancelled, without prejudice to the possibility of termination due to default by the user.
The equipment is chosen by the user and under the sole responsibility of the user. The Owner buys the equipment specifically for the purpose of renting in accordance with the specific stipulations agreed between the user and the supplier. The user confirms that this business equipment is for professional use only.
The equipment is provided by the Owner to the user at a location to be further specified. Any deliveries and installations additional to the equipment, at the request of the user, are at the expense and at the risk of the user, unless otherwise agreed in writing. Upon delivery of the equipment, the user will either draw up an acknowledgement of receipt that confirms that the equipment is in accordance with the order, or draw up a non-acceptance report specifying the defects or the reason(s) for rejection of the delivery. Either of these documents, signed by the user, must be submitted to the Owner by the user at the time of receipt of the vehicle, or alternatively, by ordinary letter, no later than five days after the acceptance or rejection of the vehicle.
The User shall be considered to have accepted the equipment without reservation, either upon inspection of the vehicle in question and payment of the first invoice, or upon signing the acknowledgement of receipt by the user, or upon expiry of the above term if no report is submitted to the Owner, or when the renting agreement is signed by the user if the equipment has already been delivered at that time. By accepting, the user rerents the Owner of any liability for incomplete, late, non-compliant delivery, defective equipment, visible and hidden defects or unsuitability of the equipment.
The full or partial non-delivery or non-compliant delivery in accordance with the contractual conditions in terms of time and place, the fact that the equipment does not meet the requirements, the visible, hidden or redhibitory defects, the fact that the equipment for any reason whatsoever is out of service, is the sole responsibility of the user and may not give rise to postponement or suspension of payment of the rent, nor to any claim against the Owner.
To this end, the Owner transfers all rights, guarantees and recourses that he may exercise as a buyer to the user, in order to ensure the proper execution of the rent agreement.
If, for legitimate reasons, the user wishes to exercise recourse against the supplier in order to terminate the sale agreement, the Owner will authorise the user to do so, provided that the user complies with his obligations under this agreement. If necessary, the Owner will lodge the claim for termination of the purchase agreement for and at the expense of the user. The Owner is entitled to charge a € 500 administrative fee in this respect. In any case, the user must inform the Owner thereof in advance. Any recourse against the supplier or manufacturer, either by the user or by the Owner, does not suspend the obligation to pay the rent as long as the purchase agreement is not dissolved and the purchase price of the equipment, accessories, and related costs have not been repaid to the Owner. Under no circumstances may the user reach an amicable settlement or otherwise settle with the supplier or manufacturer or return the equipment to them without the prior written consent of the Owner. If, for any reason, not due to the Owner, the rent agreement cannot enter into force inter alia in case of full or partial non-delivery, late delivery, insolvency of the supplier or refusal to receive by the user, the Owner is entitled to free himself from his obligations regarding the purchase of the equipment by means of registered letter addressed to the user and the supplier.
If, for any reason, the rent agreement cannot enter into force or the Owner has freed himself from his commitment to buy the equipment or if the sale agreement would be dissolved or discontinued at a later time, the user and the supplier will joint and severally be bound to refund all sums paid by the Owner to the supplier, increased by any taxes and charges and interest on advances set out under Art. 5 General Terms and Conditions for the period between the payment by the Owner and the refund by the user or the supplier. After full payment to the Owner the user is subrogated in the Owner’s rights vis-à-vis the supplier but, on the other hand, waives any redress against the Owner. Sums refunded by the supplier after the Owner has been fully reimbursed by the user will be returned to the user under withholding of all costs incurred, taxes and interests. The Owner does not accept any responsibility for damage caused by any defect of the rented equipment. The Owner is not required to ensure the quiet enjoyment of the equipment and to safeguard the user against defects, neither in fact nor in law.
The agreement commences on the date of payment of the first invoice. Payment of the second and subsequent fees start on the date of signing the rent agreement. of the rent is not being charged within one month following delivery of the equipment, the Owner will be entitled to charge the rent retrospectively. If the rent refers to equipment that is delivered at different times or by different suppliers, the Owner may either start the rent period for each partial delivery separately or delay the rent period until all of the goods have been delivered. If, for any reason, the duration of the rent agreement has not commenced within one month following delivery of the equipment, the Owner may reduce the rent term with the number of months that have passed since the date of delivery of the equipment, while the rental payment will be reviewed pro rata.
The rental payment includes only the rent of the equipment provided, excluding maintenance, insurance or other services. The said rental fee is calculated on the basis of the investment amount of the rented equipment as known by the Owner on the date of signing the rent. In vase the investment amount changes between the date of signing the rent and payment to the supplier, the Owner reserves the right to either or not accept this change.
Upon acceptance, the rental fee will be recalculated, whereby the Owner reserves the right to invoice the different once to the user as an additional rental fee, or to revise the rent pro rata. The investment amount is understood to be the net purchase price of the equipment excluding VAT. All other charges, levies and taxes, of whatever nature owed under this agreement, are for account of the user. The user must pay current and future taxes and levies directly or indirectly charges on the equipment.
The rental fee may also be adjusted in case of any charges in VAT or other tax charges that apply to it and generally following any change in the tax regime governing the contract or transaction itself. For example, if new national or international laws or regulations are issued or existing ones are amended or reinterpreted, or in case of exceptional circumstances with fiscal, banking or monetary repercussions with cause the costs and charges of the rent to increase for the Owner or reduce the income derived from it (for example due to a tax increase or additional reserve or deposit obligations, ratios or liquidity standards imposed on financial institutions), the Owner has the right to charge these costs, expenses and income reductions directly to the user or, at the discretion of the Owner, to settle it in the rental fee. The user must pay the rent on the contractually agreed due date. It is expressly agreed that this obligation is unconditional and also applies if the material shows defects, requires maintenance or repairs, is temporarily unavailable or if there is, generally, no possibility to use it in accordance with its intended use.
The rental fees are payable and not collectable. These rental fees will be the subject of invoices issued by the Owner; even if the user has not yet received these invoices on the respective due dates on which these rental fees are due in accordance with the Special Terms and Conditions, these rental fees must be paid on time.
The user shall subscribe to a direct debit order and a contractual number of agreed bills to pay all amounts due. In case of a change of bill number or re-offer of the bill, €15 will be charged to the user. In case the direct debit order does not come through, the monthly rent will be increased by five percent. In addition, there will be a penalty clause of €250 if the rent was not received in time. For amendments to any provisions of the contract other than a change in the repayment scheme €250 will be charged, while the Owner will also be entitled to unilaterally decide to exercise the retention of title in which case the item will be returned at the cost of the user to the address indicated by the Owner. Changes to the originally agreed repayment schedule (e.g. postponement of capital repayments, suspension of rental fee, change in duration, interest rate adjustments other than contractually agreed interest rate reviews on the review date) shall be charged to the user at €150. For amendments to the contract or for adjustments to the contract a fee of €350 will be charged. For each rent agreement, an administrative fee of €30 per quarter will be charged annually and will also be settled annually. The Owner reserves the right to charge €15 for delivery of a duplicate of any document. Any administrative charges such as fines, etc. shall be invoiced at a cost of €25 Per payment overview €200 will be charged per contract. All fees and charges mentioned in these Terms and Conditions are considered to be a compensation for work and services delivered and shall be increased by statutory tax liabilities. The Owner reserves the right to adjust these costs annually.
If for any reason, the supplier cannot comply with his obligations within the agreed term, implying that the rent agreement cannot enter into force, the user agrees, at the first request, to repay all sums already paid by the Owner to the Owner without delay.
The equipment is and remains the sole property of the Owner. Without prejudice to Art. 7 General Terms and Conditions, all licenses and property certificates of the equipment will be registered in the name of the Owner. The Owner reserves the right to request a key of the underlying vehicle at any time from the user. The User shall deliver this key to the Owner within an acceptable period (maximum 45 days), and at the expense of the User. Failure to deliver the spare key within this term implies a one-sided breach of the contract by the user.
The user does not acquire any right or title at all, nor any interest in the rent material except the right of use, and this in accordance with the terms of this rental agreement and the relevant legal regulations.
Upon receipt of the equipment, the user must check that the Owner's property label has been affixed by the supplier. If this has not been done, the user will ask the Owner for another label and he will apply this proprietary label himself. He will make sure the affixed indications, as well as those applied by the supplier for the purpose of identification of the equipment, shall remain legible and unchanged for the duration of the rent agreement. He is responsible for the consequences of non-compliance with this obligation.
The user is required to notify the Owner immediately and by registered letter of any claim by third parties on the equipment, either by virtue of business rights, or by seizure or otherwise.
He must inform such third parties by registered letter that the equipment is the object of this rent and is owned by the Owner. The user is liable for any disadvantage stemming from the late notification of the Owner. The user agrees to have the exclusive property rights of the Owner respected in all circumstances and at his own expense. The user will also have to reimburse all costs incurred by the Owner in order to safeguard his ownership.
The user undertakes to use the equipment with due diligence in accordance with its intended use, which he may not modify without the permission of the Owner, and according to the supplier's and/or the manufacturer's instructions.
More specifically for vehicles and all kinds of rolling stock, he will only allow experienced drivers and carriers to operate the vehicles; the latter must be in possession of a valid driving license. Only the user, his employees, and his or her assistants or subordinates may handle or transport the equipment. The user will explicitly request that they handle the equipment or the vehicles with care.
In no case may the rent material be handled or operated by the user or his subordinates when they are under the influence of alcoholic beverages, narcotics or stimulants. Nor shall the material and especially the rolling stock be abused for abnormal purposes, such as sports events or rallies, nor be deployed or used for purposes which would result in a suspension of the insurance.
The user may not make any changes to the equipment without the written permission of the Owner.
Parts or accessories added by the user to the equipment, as well as parts that are replaced by the user, are legally the property of the Owner, while the user will not be able to claim a refund in this respect. In terms of the use and use deployment of the rent equipment, the user will have to comply with all statutory provisions and claims made in this respect by all government agencies.
All taxes, royalties and all fines incurred due to violations shall be paid by the user.
The Owner is not responsible for any loss of profits or other adverse consequences which may stem from the temporary, or permanent, unavailability or inefficiency of the rent equipment for the user. The user cannot claim compensation from the Owner in this respect. The user’s obligation to pay the rent will remain in full effect.
The user takes full responsibility for the maintenance and proper operation of the equipment. This will include, inter alia, all maintenance and repair work, whatever the cause, to be carried out immediately at the expense of the user, regardless of whether the insurance intervenes. Maintenance and repair work must be performed using original spare parts. Any statutory or regulatory inspection to which the equipment is subjected shall be paid by the user. In other words, he is also responsible for the timely inspection of the vehicle and - if applicable - the calibration of the odometer.
The User explicitly acknowledges that the Owner is not responsibility in any way, nor has any warranty obligations, regarding the underlying object, even in case of hidden defects. Receipt of the good without reservation implies that the User has received the good in good condition. Any visible defects are always covered by the corresponding inventory of fixtures.
The equipment must be placed in a room that allows for its operation, upkeep and maintenance in the best possible conditions on Belgian territory, except in case of the written consent of the Owner. The Owner or the person appointed by him must always be given access to the places where the equipment is located to allow this individual to carry out the necessary inspection. The rent items, with the exception of rolling stock, may not be transferred to another place without the permission of the Owner. Transport will always place under responsibility of the user.
From the delivery of the equipment and to the actual return to the Owner, the user is liable as custodian-keeper of the rent equipment for:
- any damage caused by the equipment or during its use, even if this damage results from a hidden defect, a construction or assembly error;
- any damage caused to the equipment or any loss whatever the cause is, even in case of force majeure.
The user is required to immediately notify the Owner of any error or defect in the equipment which is of a nature that it hinders the proper functioning or may cause damage to third parties.
The user is obliged to take out an insurance before the delivery of the equipment and for the entire duration of the rent agreement with an insurer accepted by Credias NV/My-Trucks. The insurance must insure the vehicle/equipment in value (first risk) for a sum accepted in writing by Credias NV/My-Trucks and for the following risks:
a. Full Comprehensive: fire, explosion, lightning strike, theft, natural violence, vandalism, damage or destruction of the rent vehicle. An exemption can only be granted in the section accidents/vandalism up to a maximum of € 1,250.00 per claim. This exemption shall be payable to the user.
b. the equipment other than a vehicle against damage, destruction, destruction or complete or partial disappearance in accordance with current policy conditions on the Belgian Insurance Market. The exemption is chargeable to the user and may be at most half a percent of the purchase price. (This concerns the insurance of non-vehicles)
c. If necessary, an insurance according to the CMR Convention (if transport for third parties is involved).
d. Where appropriate a work accident clause (if personnel is involved).
e. Where appropriate a road assistance section (if road assistance is required).
f. Where appropriate, a clause for all risks relating to material belonging to third parties, when pulled by the vehicle in question.
g. Where appropriate, a legal assistance insurance, a TPL operations, and a TPL after delivery and entrusted good should be concluded. This means that you are insured for the events caused by your company, yourself and your representatives which cause damage to third parties.
h. The legal civil liability as a user/custodian of the equipment, including legal assistance insurance. An exemption up to a maximum of € 500.00 can only be allowed in the section civil liability as a user/custodian. This exemption shall be payable to the user.
From the moment of accepting the equipment, the user shall be fully liable for all damage caused by the equipment, both to people and goods, as well as for all damage caused to the equipment itself, whatever the origin and/or cause.
The insurance policy or the riders must provide, for the delivery of the equipment, that the insurer:
a. shall pay any damages solely and directly to the Owner;
b. In case of reduction, suspension or cancellation of the cover or policy, for any reason whatsoever, the Owner will notify by letter registered of the default situation;
c. that the insurer waives any redress vis-à-vis the Owner;
d. the cover/policy guarantees will be maintained for at least another fifteen days vis-à-vis the Owner after the registered notification of the reduction, suspension or cancellation of any coverage.
e. has included a clause stipulating that the insurance company has been notified that this vehicle is being rent for a long period of time. In addition, it must be recorded that the vehicle must be insured when the User/User/Third party alienates the vehicle.
In case of non-payment the Owner is entitled settle the amounts due and recover these sums from the user.
The user authorises the Owner to sign all documents relating to the insurance in his name and on his behalf, and to grant valid discharge.
In case of a claim, the user must immediately inform the Owner thereof in writing. The declaration of the claim and the appointment of an expert shall remain at the expense of the user. In case of partial damage, the rent agreement will remain in effect and the Owner will transfer the compensation received from the insurance company to the user after the latter has provided proof of the repair of the equipment and payment of the relevant invoice, provided that the user has at least paid all rental fees due or other amounts due to the Owner and there are no payable bills pursuant to other commitments at that time.
In the event of theft or total loss, pronounced after expert investigation, the contract shall be legally terminated on the date of the theft or claim.
In these cases the user shall, in addition to the rental fees and late payment interests due, owe damages based on the amount of the capital balance as stated in the Owner's books, increased by a lump sum to cover administrative costs for handling the case. The Owner reserves the right to charge the user the amount of the actual damage suffered.
This compensation is due from the date of the theft or total loss. The insurance pay-out and the amounts stemming from the sale of the equipment, less all costs, shall be attributable to the outstanding debt of the user.
Without the prior written permission of the Owner, the user may not relinquish, pledge, lend, subrent or transfer the contract to any third party or grant any other right to a third party.
The contract shall be legally terminated without requiring notice for the user in the following cases:
a. on the date of bankruptcy judgment in case of liquidation of the user;
b. on the date when the user makes the equipment available to the Owner in case of a return of goods before the end of the fixed rental period.
The Owner can terminate the rental contract by ordinary letter without prior notice or any legal formality in case of:
a. non-payment of a rental fee and/or other services regardless of whether it is due under this or any other rental contract in the name of the user or of a company in which the latter holds a majority stake. A vehicle shall be considered as not having been paid as soon as the due date passes. This non-payment also entitles the Owner to report the vehicles used by the User to the competent authorities. The associated costs are at the expense of the user;
b. Non-payment of the BIV (registration tax) and/or road tax payable to the Owner in case a vehicle is rent;
c. request for postponement of payment, protest or seizure applied to the user;
d. the user's death, transfer or discontinuation of business activities or dissolution of the company-user;
e. if there is a reasonable fear that the claim cannot be redressed by the Owner, including when a personal or business security in favour of the Owner is cancelled or depreciated;
f. if the equipment should for any reason disappears, be stolen or, in general, disappears;
g. in case of insolvency of the user; and generally in case of non-compliance by the user of one of the commitments in the general or special terms and conditions of this contract or any other contracts that he would have concluded with the Owner in view of the indivisibility of the contracts.
In case of termination of the rent agreement, the user must return the equipment to the Owner within the period specified in the Terms and Conditions. Any repatriation on the initiative of the Owner will be charged at cost with a minimum of €1500. Moreover, in addition to the rental fees or other amounts due and the late payment interests, the user will have to pay an indemnification. Any goods contained in the vehicle are deemed to offset the outstanding debts and may therefore be used by the Owner to this end. The User acknowledges and accepts, after extensive negotiation, that, in view of the fact that it is an exceptional car designated by him, which was purchased by the Owner according to his wishes and specifications, and taking into account the purchase value of the Vehicle, the return on such vehicles and the difficulties and reduced value for any resale and/or re-leasing, the following compensation shall be payable on premature termination of the agreement and/or dissolution at his expense which is fair and reasonable and corresponds to the reasonable foreseeable compensation for the sum of the rental fees which fall due on the day of the breach plus the residual value more than fifty percent for the associated costs.
This is without prejudice to the sales price, if the equipment is sold or without prejudice to the new investment value, if the equipment is the subject of a new rent, letting or rental contract with a third party. Within a period of fourteen calendar days, to be counted from the termination of the rent, the user has the right to submit to the Owner an irrevocable bid, by registered letter, for the purchase of the equipment, subject to cash payment within the same period. The Owner is free to accept or reject the offer. After this term, the user will not be able to express any objections regarding the terms and stipulations under which the Owner has either sold or rent the equipment.
In case of late payment by the user of the amounts owed to the Owner, in particular rental fees, insurance premiums, damages or amounts which the Owner settled on account of the user or which are recoverable from the user, the user shall legally owe a late payment interest at the annual rate of twelve percent, charged pro rata temporis from the date on which the payment was due to be paid by the user until the date the Owner receives this payment.
In addition, a penalty clause will apply. This is set at a fixed rate of 10 percent per unpaid amount, with a minimum of €250 and a maximum of €2500. Every rejected direct debit on the due date shall also give a right to an additional lump sum administrative fee of €15. No complaint or dispute, of any kind, or loss of use, suspends the obligation to pay the rental fee.
At the end of the rent, the user must return the equipment to the Owner according to the stipulations set out in the General Terms and Conditions.
In the case of premature termination of the contract, the user must immediately return the equipment to the Owner at the location specified by the Owner, in good condition of maintenance and including all relevant equipment, accessories and documents. Any damage that would exceed the normal wear must be refunded by the user. When renting a vehicle, it is also necessary to apply the provisions under Art. 15.
If the equipment is not returned within the two working days after the end of the rent agreement or after the rent agreement has been terminated, the Owner will be entitled to collect the equipment at the expense of the user, without further formalities and without prejudice to its other rights. From that date, the Owner is entitled to claim damages per day of delay calculated pro rata based on the last rental fee.
a. vehicle registration
The vehicle shall be registered in the name of the Owner. If necessary, the user will send the Owner "the application form for registration of a vehicle", provided with all necessary information that may be required for an unconditional registration. For vehicles with a Gross Vehicle Weight (GVW) equal to 3500kg or less, the Owner will pay the B.I.V. (registration tax) and the road tax (including supplements) on behalf of the user prior to use. The User will therefore have paid it in advance. Any other obligations resting on the use of this vehicle must be settled and paid by the User.
For vehicles of over 3500kg GVW, the User of the underlying vehicle must at all times comply with all statutory requirements such as road tax, the guarantee scheme of FPS mobility and transport (if the User wishes to drive for third parties), the eurovignette, the registration and installation of the On Board Unit for the Belgian kilometre tax, etc. and pay this on time on their own initiative.
See Article 7 General Terms and Conditions The user also agrees to have the vehicle's maintenance booklet filled in correctly. He also agrees to inform the Owner, at first request, about the mileage of the vehicle in writing.
c. technical vehicle inspection
Regardless of whose name the vehicle was registered to, and regardless of the written invitation, the user must present the vehicle for the technical inspection within the term provided.
The user shall send the Owner a copy of any extract of technical inspection.
The user is and remains liable for all consequences that would result from non-compliance with this obligation.
d. eurovignette/mileage tax
The user must pay the Eurovignette fee at the local tax office. The user shall provide a copy of the Eurovignette's acknowledgement of payment issued by the competent authorities as proof of payment, if requested. As of 1 April 2016, the User shall be required to have registered for the Belgian mileage tax, as well as for the installation and operation of the OBU.
If a deposit was stipulated in the Special Terms and Conditions, this amount should be paid to the Owner upon signing the rent.
The deposit will be refunded as soon as all commitments under this contract have been fully complied with and, insofar as there are no more claims vis-à-vis the Owner, pursuant to other commitments of the user.
In any contract where a vehicle with an GVW (gross vehicle weight) less than or equal to three thousand five hundred kilograms is involved, a maximum of thirty thousand kilometres per year is included in the rent. Kilometres in excess of the thirty thousand kilometres a year will be billed at fifteen cents per kilometre. It is the User’s responsibility to submit this mileage on an annual basis or at the first request of CrediasNV/My-Trucks.
The rental contract can be transferred subject to written and prior permission of the Owner.
All costs, duties and fees associated with the transfer of the rent will be charged to the transferring user.
The user confirms to have submitted the correct information to the Owner with respect to his/her person/company and gives the Owner permission to process all data relating to his person, his products, services and operations for all legitimate purposes. The User takes full responsibility for the information provided and also accepts the further consequences of this provision of information. The processing refers to 'customer management, supplier management, dispute management, public relations and account management'. These data may be processed for prospecting and promotion of all services and products that the Owner may offer; in addition, this information may be communicated to other companies within the group, a list of which can be obtained.
The Owner is allowed to notify any third party with a legitimate interest of the commitments entered into and the manner in which they are either or not complied with. The user can, in accordance with the legal terms, request his own personal information and, if necessary, have it corrected at the Owner's registered office.
All collaterals and guarantees that a Owner concluded under other contracts or rents, of whatever nature, with the user, are also a guarantee with regard to the commitments of this contract and the possible recoverable amount of these collateral can be offset against the claims stemming from this contract.
The transactions that take place under the agreed rent agreement do not give rise to any debt renewal.
The user undertakes to notify the Owner of any changes that would occur in the identification of his company (such as registered office, name, registration in the register of legal persons, VAT number) or the performance of his activity.
The user declares to have made the decision to carry out the transactions for which loan - in the form of rent agreements - was currently applied for on his own initiative and responsibility, and to be aware of the (para)fiscal and legal consequences , as well as any (para)fiscal and legal risks of these actions. Accordingly, the user discharges the Owner from all liability and acknowledges that he is responsible for all the consequences of the actions he has chosen and the use of the loans made available in the form of rent agreements.
If the Owner provides legal, fiscal and other advice and/or information in this context, this will be done without obligation, and in no way will it guarantee its accuracy or completeness or the suitability to achieve a particular purpose. Any transfer, distribution or reproduction of any advice is prohibited, regardless of the form or resources.
For all disputes concerning the interpretation and implementation of this rent, only the Courts of Ghent will have jurisdiction to hear the dispute that occurred. This rent agreement is governed by Belgian law, although invoices pursuant to this contract can be drawn up in other European branches.