TERMS AND CONDITIONS RENTAL BV KEY-TEC

1. Any contract or legal transaction with or by KEY-TEC is subject to these terms and conditions, to the exclusion of any other terms and conditions, unless otherwise agreed.
2. By signing the rental terms and conditions or the order form, the customer undertakes to com-ply with the general terms and conditions as set out in this document. The customer declares that they acknowledge and accept these terms and hereby waives their own general terms and conditions.

Rental Agreement

3. All quotations are non-binding and cannot be regarded as an offer. Unless otherwise agreed, a quotation is valid for 1 month. KEY-TEC is only bound once the customer has confirmed their agreement to the quotation in writing and this has been accepted by KEY-TEC. When placing an order (whether based on a catalogue, price list, quotation, previous order or in any other manner), the customer expressly agrees to these general terms and conditions and waives their own terms and conditions.
4. At the start of the hire period, the customer will receive a confirmation by email, to which they must reply to confirm their agreement. In the absence of a timely response (within a reasonable period), the customer is deemed to have tacitly agreed.
5. The rental period commences, as the case may be:
- The rental commences on the day on which the goods are made available to the customer, or were handed over to the carrier appointed by KEY-TEC.
- If KEY-TEC is responsible for delivery, the customer shall ensure that they or an employee are present to take delivery. If not, KEY-TEC is entitled to reclaim the hired goods. The transport costs will be charged to the customer.
6. A customer who fails to collect or take delivery of the goods at the agreed time shall nevertheless remain bound by the rental agreement for the agreed term or a term at least equal to the one they have specified as the (estimated) duration. Any commitments made by KEY-TEC regarding the delivery date are not binding and do not constitute grounds for termination of the agreement or for compensation (with the exception of Articles VI.83, 7 and 27 of the WER for consumers). Changes to the quotation automatically result in the initial delivery times being revised, or at least also being non-binding.
7. The risks and costs of delivery and collection are borne by the customer, unless the contrary is expressly stipulated. Shipping costs are always borne by the customer unless expressly agreed otherwise. The prices for the transport of the goods are set out in the quotation.
8. The delivery time is purely indicative and offers no guarantee whatsoever. A delay in delivery shall not give rise to a claim for compensation or termination of the agreement against KEY-TEC (except for Articles VI.83, 7 and 27 of the WER for consumers). Changes to the quotation automatically result in the initial delivery times being revised, or at least no longer being binding.
9. The hire shall terminate:
- in the case of a fixed-term agreement: on the agreed date as specified in the rental contract; the agreed date cannot be tacitly extended by the customer;
- in the case of a contract of indefinite duration: on the day of return to KEY-TEC’s registered office/warehouse. Merely cancelling the contract or ceasing to use the hired goods can never be regarded as a return of the goods.
10. As soon as the agreed rental period (in the case of a fixed-term agreement) has expired, the customer shall be deemed, by operation of law and without any notice being required, to be in default of returning the rented goods (however, Article XIX.2 of the WER applies to consumers). From that moment, KEY-TEC shall be entitled to recover the hired goods without recourse to the courts, wherever they may be located. All costs associated with this shall be borne entirely by the customer.
11. The customer shall return the hired goods, cleaned, undamaged and in good working order, to KEY-TEC’s registered office/warehouse by 6 p.m. on the last working day of the agreement at the latest. Should this not be the case, a fixed compensation of EUR 500.00 will be charged, without prejudice to the right to claim additional compensation if this sum does not sufficiently cover the damage (however, Article XIX.4 of the WER applies to consumers). This compensation is payable without this limiting KEY-TEC’s right to pursue other legal remedies. With regard to consumers, the same compensation is payable by KEY-TEC in the event of late performance not attributable to force majeure.
12. Even if the customer returns the goods earlier than contractually agreed, the rent (in the case of fixed-term agreements) is payable for the full rental period.

Liability/obligations of the customer

13. The customer bears the risks and responsibility for the hired goods from the moment they are made available to the customer until the moment the hired goods are effectively delivered to KEY-TEC’s registered office/warehouse. This also applies where KEY-TEC or the carrier makes the hired goods available outside KEY-TEC’s registered office/warehouse.
14. The customer shall only move, use and store the hired goods with the care and diligence expected of a reasonable person (‘due care’), in accordance with their normal and legally permitted purpose, the instructions for use and all applicable legal requirements, including (but not limited to) those relating to safety, certification, necessary driving licences and permits.
15. For any use on public roads, the customer must comply with the legal obligations themselves, including (but not limited to) registration, insurance, permits and signage.
16. Among other things (but not limited to), all taxes, fines and government charges relating to the possession or use of the hired goods shall be borne by the customer, who shall indemnify KEY-TEC.
17. As the hirer, the customer is fully responsible for the proper use of the goods. The customer shall carry out the daily maintenance and inspection of the hired goods, keep them in good working order and clean them at their own expense. Damage and/or costs resulting from a failure to carry out daily maintenance shall be borne by the customer.
18. Damage caused to the hired goods during the hire period falls entirely under the customer’s responsibility. The customer is responsible for compensating KEY-TEC for the damage. The damage may include, but is not limited to, the repair of material damage, compensation for materials, etc.
19. The customer is liable for all damage caused to third parties. The customer shall indemnify KEY-TEC if KEY-TEC is held liable by a third party as a result of damage caused by the hired equipment during the hire period.
20. The customer shall report any defect to KEY-TEC by telephone and in writing, no later than 24 hours after the defect is discovered. If the customer has not raised any objection by the end of the first working day following the commencement date, they shall be deemed to have agreed that they received the goods in good working order on the commencement date and that they have received the user manual and are aware of the applicable safety instructions.
21. The customer waives the right to a reduction in the rental price in the event of a defect in the rented goods. Nor does this entitle them to suspend or defer payment of any rental fees already due. This clause does not apply to consumers.
22. In the event of the loss of contact and/or door keys for the hired goods, an administration fee of EUR 250.00 will be charged.
23. The customer is not permitted to:
- Transport the rented goods to another location or use them for any other purpose, unless with the prior written consent of KEY-TEC.
- To sublet the machine, pledge it as security, or make it available to a third party in any other way. This means that only the customer’s staff who hold the appropriate certification (including, but not limited to, a driving licence, operator’s certificate, etc.) may operate and move the machine. Any costs associated with this shall be borne by the customer.
- To carry out repairs on the equipment or replace parts, unless prior written approval has been obtained from KEY-TEC.

Liability/obligations of KEY-TEC

24. KEY-TEC’s liability is limited to the liability imposed by Belgian rental legislation. KEY-TEC cannot be held liable for damage resulting from defects, downtime or reduced productivity of the rented goods, regardless of the cause.
25. KEY-TEC undertakes to maintain and repair the machinery, where necessary, to keep it operational so that the customer can carry out their work.
26. Machines are delivered, depending on the type, with a full fuel tank and/or a charged battery. The rented goods must be returned with a full tank or fully charged. The cost of refuelling (or charging in the case of electric machines) will be charged at the daily rate.
27. Normal wear and tear under normal conditions is borne by KEY-TEC. Tyre punctures and defects caused by improper handling are always borne by the customer.
28. Only machines fitted with a physical number plate may be used on public roads.

Insurance

29. Unless expressly refused in writing, the customer is deemed to have taken out risk insurance at KEY-TEC’s expense, subject to payment of a percentage of the rental rate as stated in the rental agreement. This risk insurance covers only damage to the hired item. In addition, the customer must insure themselves for the entire duration of the rental agreement against civil liability for all damage to persons and property resulting from the use or possession of the rented goods, even if the risk insurance is expressly refused in writing.
30. The general terms and conditions of this insurance agreement are made available to the customer, may be requested by the customer at any time and form an integral part of this agreement, unless expressly refused in writing by the customer.
31. However, vandalism, damage caused by wilful misconduct, gross negligence, intoxication or drunkenness, damage caused by the collapse of buildings or structures, breach of trust and fraud are excluded from any cover. The associated repair costs are entirely at the customer’s expense.
32. In the event of a covered claim, the fixed excess (excess) is payable by the customer. This excess is specified in the rental agreement. With the exception of theft, misappropriation or loss of the hired property, this excess is set at 10% of the replacement value of the machine, with a minimum of EUR 1,250.00.
33. Should a claim arise, the customer is obliged to report it to KEY-TEC within 24 hours. If the claim involves personal injury, the customer is obliged to report it immediately to KEY-TEC and the legally competent authorities (including, but not limited to, the police, fire brigade, etc.).
34. The insurance shall not apply if the customer sublets, lends or in any way transfers the rented property to a third party, unless KEY-TEC has given its prior written consent.

Rental price and terms of payment

35. The prices quoted are exclusive of VAT, taxes, duties and charges. The costs of delivery (transport) or collection of the hired goods and the costs of consumption (fuel/charging costs in the case of electric machinery) or any assembly are borne by the customer and will be invoiced separately.
36. The rental price may be adjusted every 6 months in line with fluctuations in the consumer price index.
37. KEY-TEC’s invoices are payable at the registered office. Payments are due in accordance with the terms set out in the quotation, and invoices are payable at KEY-TEC’s registered office wit-hin 14 days of the invoice date unless expressly agreed otherwise (however, Article XIX.2 of the WER applies to consumers).
38. In the event of non-payment or default on the invoice within the specified period, all outstanding invoices shall become immediately due and payable by operation of law and without notice of default (however, Article XIX.2 WER applies to consumers) and, from the due date, the customer shall be liable by operation of law and without prior notice of default to pay default interest of 10% (per annum) on the invoice amount, as well as a fixed surcharge of 10% with a minimum of EUR 75.00 (however, Art. XIX.4 WER applies to consumers). In the event of partial payment, the full surcharge remains payable. With regard to consumers, KEY-TEC shall be liable for the same compensation in the event of late performance not attributable to force majeure.
39. The daily rental rate is deemed to cover 8 working hours, the weekly rental 40 hours over a period of 5 days, and the monthly rental 160 working hours over a period of 30 days. Where the working hours exceed those specified above, KEY-TEC may charge for the additional hours worked.
40. All complaints must be well-founded and substantiated and must be addressed directly to KEY-TEC’s registered office by registered post no later than 8 days (15 days for consumers) after receipt of the goods or completion of the works. After the expiry of this period, the hired goods shall be deemed to comply with the requirements set by the customer and KEY-TEC shall no longer be liable for visible defects.
41. In the event of any default or breach of contract by the customer, in the event of bankruptcy or any indication of the customer’s poor solvency, all outstanding amounts, including those owed by the customer to companies affiliated with KEY-TEC, shall become immediately due and payable, without the need for a notice of default (however, Article XIX.2 of the WER for consumers), and notwithstanding any previously agreed payment terms and/or the drawing of bills of exchange or promissory notes, KEY-TEC shall be entitled to suspend or cancel all its obligations and to repossess the hired goods, without judicial intervention, by registered letter, without KEY-TEC being liable for any compensation in this regard, and without prejudice to KEY-TEC’s right to compensation (with the exception of Article VI.83, 7 and 27° of the WER for consumers).

Termination of the hire and early termination

42. Failure to collect or take delivery of the hired goods on the agreed date does not exempt the customer from payment of the hire charge for the agreed period or for the (estimated) duration specified by them.
43. KEY-TEC may terminate the agreement immediately and by operation of law by registered letter, and without the customer being entitled to compensation, where:
- in the event of a breach by the customer of any of these terms and conditions, and in any case of gross negligence or wilful misconduct on the part of the tenant;
- there is serious damage to the hired goods;
- the hired goods are stolen or lost;
- where urgent repair and/or maintenance work needs to be carried out on the rented property;
- if the customer fails to comply with the obligations arising from the rental contract;
- the customer is declared bankrupt, dies, is placed under guardianship or moves outside Belgium.
In this case, the customer is obliged to make the rented goods immediately available to KEY-TEC, and to do so within 24 hours of receiving the registered letter regarding the termination of the agreement. Any delay shall give rise to the payment of a fixed compensation of EUR 250.00 per day of delay.
44. If, without KEY-TEC’s knowledge, the hired machine is used in significantly different conditions (including, but not limited to, corrosive environments, high temperatures, being fully or partially submerged, etc.), KEY-TEC may terminate the hire without prior notice and reserves the right to charge an additional fee. Damage caused by use in significantly different conditions is not covered by the insurance as described in paragraph 4.

Data processing

45. By signing the rental terms and conditions or the order form, you agree to the processing of your personal data in accordance with our privacy policy. These general terms and conditions should be read in conjunction with our general privacy statement, which is available on our website.
46. By creating an account or requesting a quote, you accept these general terms and conditions without reservation. Furthermore, in order to create your account or prepare your quote, we must process your personal data. The circumstances in which this takes place are described in more detail in the general data protection policy, which can be found on the website and is attached as an appendix to these general terms and conditions.

Ownership

47. KEY-TEC shall remain the owner of the hired goods at all times, unless expressly agreed other-wise in writing. Any failure to return the hired goods shall be regarded as theft and/or breach of trust and shall be prosecuted in the criminal courts.

General

48. No party may transfer its rights and/or obligations arising from these general terms and con-ditions or our agreements to a third party without the consent of the other party.
49. The invalidity of any of these terms and conditions or any part thereof shall not affect the validity of the remaining terms and conditions.
50. This agreement is governed by Belgian law. Any dispute concerning the interpretation or per-formance of a contract and relating to invoices falls exclusively within the territorial jurisdic-tion of the courts of the area in which KEY-TEC’s registered office is situated.