* This translation of the original Dutch text is only here for your convenience, in case of discrepancies between this text and the original Dutch version, the Dutch version is legally binding.

 

APPLICABILITY

These General terms and conditions are applicable on all Offers, Agreements and accepted Orders as well as all thereby implied rights and obligations provided by van der Honing & Dane Consultancy, in the rest of this document referred to as HDC or Rental agency, Possible Terms & Conditions of other parties, here after referred to as Buyer, renter or client, only apply if HDC explicitly agrees with these in writing.
Agreements or promises that differ from the contents of these general terms and Conditions are only binding if HDC explicitly acknowledges these in writing.

 

Article 1
PROPERTY

All rented equipment remains the property of HDC, the Client will not alter rented equipment in any way that will change the nature of operation of rented equipment. Unless they have been granted permission to do so in writing. Client will not remove labels, recognizing marks, licencing or serial numbers from equipment. The client has to use the rented equipment for the operation of his company. The client is obligated to keep the equipment well maintained and only us it according to its technical specifications and operating instructions.

 

Article 2
OFFERS

All offers are non-binding. Confirmation of the agreement is only binding after HDC has confirmed an order in writing or HDC has given signs of its agreement to the order by starting or accomplishing the fulfilment of the order.

Between both parties the sent written agreement of the Order will be accepted as evidence

Any real or alleged inaccuracies in the order confirmations must, under penalty of forfeiture, be made known as quickly as possible in writing at least one day before the start of order fulfilment and at the latest within 8 days after the date of the relevant confirmation.Any additional agreements or changes made later, as well as (oral) agreements and / or promises made by HDC personnel or on behalf of HDC by representatives or other intermediaries only bind HDC if they have been confirmed in writing by HDC.

 

Article 3
PRICING

Agreed prices are binding unless a price increase must be applied due to external circumstances (such as an increase in duties / excise duties, change in currency parity, pricing by suppliers, insurance premiums and the like). If that is the case, the price increases applied HDC are binding for the client. Agreed prices are excluding VAT unless otherwise stated. Additionally changes to the order or extra laborious orders, as ordered by the client, will also provide grounds for a corresponding price increase.

 

Article 4
EXTENSION OF THE RENTAL PERIOD

If agreed on beforehand, we will contact you before the end of the rental period to find out whether or not you want to extend the rental period. If we are unable to contact you, we expect you to contact us to cancel the extension of the rental period in writing or by telephone at least one week before the end of the period. If this does not happen, we reserve the right to extend the rental period under the initial conditions.

 

Article 5
DEPOSIT

HDC can oblige the renter to pay a deposit. The value of the deposit is determined in proportion to the specified rental period and the value of the rented property. This deposit must be paid in full in advance. If the client does not pay a deposit in time, then HDC may unilaterally terminate the agreement, without prejudice to the HDC's right to compensation. In the event of damage to equipment or means of transport, the associated repair costs will be deducted from the deposit to be returned. If this does not fully cover the costs of repair or replacement, the remaining costs will be charged separately.

 

Article 6
SUB RENTING

Unless otherwise agreed, the client is strictly forbidden to make the rented equipment available to third parties, or to sell or sublet it.
If the equipment is subleased with the express permission of HDC, the renter will nevertheless remain fully responsible and liable.

 

Article 7
COMPULSORY IDENTIFICATION WHEN COLLECTING EQUIPMENT

When collecting rented equipment HDC will ask you to present a proof of Identity (either a valid passport or drivers licence)

 

Article 8
PAYMENT

For payment of the agreed upon price for services or equipment rendered, it is irrelevant whether the client has made use of these or whether the result intended by him has been achieved.

Unless specified otherwise in the contract, rental or sales invoices must be paid within 14 days after the invoice date, either in the office or in the bank account of HDC. If you do not fully pay within the agreed period, HDC has the right to charge you 8% interest per (part of a) month of the due date on the entire amount due. Any judicial and extrajudicial collection costs are for your account. The debt collection costs amount to at least 15% of the total amount owed including interest costs, with a minimum of € 250 (two hundred and fifty euros)

 

Article 9
REPAIR

Solving equipment or operational malfunctions is included in the rental fee on the Basis of best effort (normal business hours are Monday to Friday 08.30 - 17.30 excluding acknowledged holidays). Repair work will principally be done by van der Honing & Dane Consultancy although HDC reserves the right to have a partner provide the support.

 

Article 10
INSURANCE

The renter ensures adequate insurance of the equipment with at least cover for vandalism, theft, fire and water damage. Ensure that damage to equipment at trade shows or exhibitions is covered if applicable. Please note: damage due to theft and / or loss is only covered if traces of burglary can be demonstrated. In the event of theft, the Renter must report the matter to the police within 24 hours and immediately send HDC a copy of the police report.

In case of installation or delivery of equipment by HDC, the Renter is liable from the moment that HDC departs from the location where equipment is installed or delivered until the moment that HDC comes to dismantle or collect said equipment.

 

Article 11
PACKAGING MATERIAL

Any and all of the packaging material supplied with the rented equipment in remains property of HDC. In the event of missing packaging material, HDC will charge for the replacement costs when the order is returned / collected.

 

Article 12
CANCELLATION

If the Client cancels the rental agreement within a period of 2 days before the equipment is made available, the Client owes HDC:

• All so-called pre-configuration costs;
• an amount equal to 25% of the total agreed sum of the order with regard to fixed compensation, without prejudice to HDC's right to claim full compensation if the total loss is greater.

 

Article 13
RETURN OF EQUIPMENT

If defects are found during the installation and / or return of the equipment that are not the result of normal use or normal wear and tear, all costs arising from the necessary repair and / or cleaning of the equipment as well as replacement, including labour and parts, will be charged to you. If parts are missing on receipt of the equipment, the costs of replacing these parts will be charged to you based on replacement value. The Renter undertakes to take good care of the rented property and to ensure that all rented equipment and goods are properly returned in good condition and working order to HDC.

 

Article 14
OBLIGATIONS OF EXCECUTION

1. HDC undertakes and is obliged to execute the accepted assignment/order in a professional manner.
2. If an assignment/order granted to HDC has not been carried out correctly in a professional manner, HDC’s liability is generally limited to the following:

* HDC will endeavour to correct the perceived fault of the order or the relevant part thereof without charging the Buyer / Renter additional costs for this.

* If correcting the perceived faults is no longer possible or is no longer considered useful (for example due to the passage of time),HDC can credit or refund the invoice amount or a proportional part thereof. The amount that is refunded in such a case can never be higher than the amount that is agreed upon as the cost of the order as recorded in the Order Confirmation.

3. HDC is not liable for:
   
   • damage of whatever nature that arises because or after the Buyer / renter / client has installed or used the goods after installation by HDC in a different way or has made changes to the installation;
   • damage of whatever nature that arises because of or after the Buyer / renter has taken the goods into use improperly and / or prematurely, delivered them to third parties or commissioned them, or has them delivered to third parties;
   • damage to spaces, electrical supply and other materials belonging to the Buyer / Renter, unless the Buyer / Renter can clearly demonstrate that this damage is the result of careless action by HDC.
   • Damage to DVDs, flashcards, floppy disks, usb sticks or other information carriers regardless of the cause of the damage. HDC is never liable for any damage resulting from the total or partial erasure and / or corruption of recorded or to be recorded images and files, regardless whether or not erasure or deterioration is the result of a malfunction of the equipment or an error of HDC personnel.
4. Furthermore, any (further) liability, including consequential damage and loss of profit, is expressly excluded between parties.
5. If HDC is held liable by a third party in respect of any damage for which he is not liable under the agreement with the buyer / renter or these general terms and conditions, the buyer / renter shall fully indemnify HDC and compensate HDC for any amount which it must pay to satisfy these third parties.

 

Article 15
INTERIM TERMINATION

If you do not pay properly or on time and / or you do not meet any of the obligations arising from any agreement with HDC and / or in the event of (imminent) bankruptcy a suspension of payment or seizure and / or your company is (partially) shut down or liquidated and / or you have not communicated compelling facts concerning your company to HDC, HDC is entitled to terminate the agreement immediately. In the event of premature termination, the HDC is entitled to collect the equipment without further warning. The Renter shall provide a person designated by HDC access to the location or locations in which the goods are located at all times. If these locations are not automatically accessible to the Renter. The Renter is obliged to make an effort to provide HDC access to the location so that HDC can secure its possessions. If the stipulations occur, the Client will immediately pay HDC the due and unpaid instalments, as well as payment of an immediately claimable compensation that is equal to amount of the rent that was due in the normal continuation of the tenancy agreement.

 

Article 16 
BUMA/STEMRA/SENA-rights

All costs with regard to BUMA, STEMRA, SENA  rights, arising from the client playing music, either mechanically or live, in public or on private occasions, as well as from recording that music on audio carriers, where this performance and / or recording takes place via equipment made available by HDC, are entirely at the expense of the Renter, who furthermore indemnifies HDC against any possible claim in this regard by BUMA / STEMRA / SENA.

 

Article 17
ADDITIONAL PROVISIONS

The instruction to lease is carried out by HDC within the agreed upon timeframe, unless HDC would have been prevented from ensuring timely compliance due to a non-attributable shortcoming (force majeure). If HDC is prevented by force majeure from renting out the goods at the agreed time, it has the right to postpone the execution of this instruction to lease to a later time, or to cancel the contract and terminate the contract without being liable for damages towards Buyer / renter.

Force majeure will include but is not limited to: war, danger of war, riot, molest, fire, water damage, flooding, strike, company occupation and exclusion, obstruction in supply, disruption in the supply of energy, government measures, defects in machines and tools, in the business of HDC as well as in the business of third parties from whom HDC purchases all or part of the required materials, raw materials or services, as well as any other circumstance whatsoever, as a result of which it is reasonably impossible for HDC to carry out the order in a normal manner .

HDC informs the buyer/renter whether and when the assignments will be carried out, while the client will immediately receive notification from HDC in case of prevention due to a non-attributable shortcoming (force majeure). HDC is permitted to deliver the rented goods in parts, or to execute the order in parts, unless a partial delivery or a partial performance has no value to the client. If the goods are delivered in parts, or the assignment is carried out in parts, HDC is entitled to invoice each part separately.

 

Article 18
COMPLAINTS

The leased items are regularly checked and maintained by HDC and checked for function and operational reliability before delivery to the client. The buyer / renter is advised to test rented items before using them. If no complaint is made during the rental period to HDC regarding the non-functioning or limited functioning of the rented items, no refund can be demanded on the rent. HDC is only obliged to make replacement items available to the extent that these are available.

 

Article 19
DISPUTES AND APPLICABLE LAW

All agreements concluded with HDC are always governed by Dutch law.

All disputes, including those that are only considered as such by one of the parties, are exclusively subject to the judgment of the Dutch court.