These lease conditions shall, in particular and in addition to the general conditions mentioned above, apply to all lease agreements concluded by beMatrix® with the Customer (hereinafter referred to as the "Lessee").
1. LEASE PERIOD
The lease shall have a maximum term of 3 weeks from the date of collection/dispatch, unless mentioned otherwise on the order confirmation.
beMatrix® has the right to terminate the lease agreement at any time, by operation of law, with immediate effect and without the need to observe a termination notice period, if the Lessee fails to fulfil his obligations under the lease agreement, without beMatrix® being liable for any compensation. In such case, the Lessee shall immediately be bound to pay beMatrix® the overdue and unpaid instalments, together with a lump sum compensation equal to 65% of the outstanding rental price for the remaining term of the lease agreement, without prejudice to beMatrix®'s right to demand a higher compensation provided that the actual damage suffered is higher. beMatrix® shall also have the right to take back the leased goods immediately, at the expense of the Lessee.
2. OWNERSHIP, USE AND INTENDED USE OF THE LEASED GOOD
The goods shall remain the property of beMatrix® at all times. The Lessee undertakes not to sell, process, pledge or dispose of the leased goods. The Lessee is not permitted to rent out the leased goods to third parties or to give them on loan, whether in return for payment or otherwise.
The Lessee undertakes to take all measures and make notifications at his own expense in order to make beMatrix®'s ownership of the leased goods enforceable as against third parties.
The Lessee undertakes to inform beMatrix® immediately in the event of seizure, loss, theft or other circumstances that could jeopardise beMatrix®'s rights to the leased goods, such as, but not limited to, the filing of a bankruptcy petition or petition for judicial reorganisation by the Lessee. All damage, costs or the loss of the leased goods as a result of seizure, loss, theft or other circumstances that could jeopardise beMatrix®'s rights to the leased goods, shall be borne by the Lessee, without prejudice to the lease rent due.
In the event of theft, the Lessee is obliged to report the theft to the police within 24 hours and to immediately provide beMatrix® with a copy of the official report.
The Lessee is responsible for the possession and all use of the leased goods. The Lessee undertakes to use the leased goods only for the purposes of conducting his business activities for the purposes intended for the same by the manufacturer, in accordance with the technical specifications and operating instructions, and to use the leased goods at his own expense and risk with due diligence and in accordance with the rules of the trade.
The Lessee undertakes to take the necessary safety measures in connection with the risks associated with the use of the leased goods which, upon commissioning, shall be deemed to have been accepted by the Lessee.
The Lessee undertakes to insure himself sufficiently (and at least for the replacement value of the leased goods) with a recognised insurance company against fire, water damage and theft for the entire term of the lease agreement, and to present a copy of the insurance policy and of the last premium payment receipt at the first request of beMatrix®.
The Lessee undertakes not to make any changes to the leased goods that could alter their nature or operation, except with the prior written consent of beMatrix®.
The Lessee shall be bound to inform beMatrix® of the address and the location of the leased goods. The Lessee may only move the leased goods after prior notification to, and after obtaining the consent of beMatrix® in accordance with the provisions of Clause 4.
The Lessee shall be responsible for payment of all costs, charges, levies, taxes or penalties relating to the use of the leased goods during the term of the lease agreement, and undertakes to indemnify beMatrix® against claims from third parties in this respect.
3. RENTAL PRICE
The rental price is a gross price [price before discount] and is calculated with discount as further described in the lease agreement.
Without prejudice to the provisions of the general terms and conditions, the rental price is also exclusive of the costs of preparing and packing the order. The preparation of the order will be invoiced separately at €60 per order. If items are added to a previous order, beMatrix has the right to invoice a €60 preparation cost to these additions as well.
Early return or termination shall not entitle the Lessee to a refund or reduction of the rental price.
4. PROVISION OF THE LEASED GOODS
The leased goods shall be made available to the Lessee ex-works, either by handing over the leased goods directly to the Lessee, or by handing over the leased goods to a carrier at the expense of the Lessee.
Late availability of the leased goods for reasons beyond the control of beMatrix®’ shall not entitle the Lessee to dissolve the lease agreement, nor to claim any compensation from beMatrix®.
The leased goods shall always be transported on pallets or in boxes owned by beMatrix®, which must be reused upon return. The Lessee shall bear all the damage and costs resulting from missing or damaged packaging material.
5. OBLIGATION TO RETURN THE GOODS
Unless otherwise agreed in writing, the Lessee undertakes to return the leased goods at the end of the lease agreement, regardless of the reason and regardless of who took the initiative, at his own expense and in the condition in which he received them, and using the pallets or boxes referred to in Clause 4, to the registered office of beMatrix®.
On returning the leased goods, the Lessee shall be bound to have the leased goods signed off as returned, failing which the Lessee shall bear the burden of proving that the leased goods were returned in the condition in which he received them.
beMatrix® always reserves the right to carry out a goods inward inspection within a maximum of 4 days after the return delivery, in order to check the leased goods for damage and/or for missing goods or parts. The Lessee may be present at the goods inward inspection, provided that he explicitly requests this in writing at the latest at the time of returning the leased goods, failing which the Lessee shall be deemed to waive this right, and shall be deemed to have accepted the findings of the goods inward inspection by beMatrix®. The parties agree that the goods inward inspection shall constitute conclusive proof of the established damage and/or missing goods, without prejudice to the factual presumption referred to in the previous subclause.
Since only the externally visible condition of the goods can be assessed at the goods inward inspection after return, beMatrix® reserves the right to claim compensation from the Lessee for any damage that is not immediately visible.
In the absence of timely return of the leased goods or a part thereof after the termination of the lease agreement, the Lessee shall be liable to pay beMatrix® a lump-sum compensation for each day's delay. The lumb-sum will equal the normal rental prolongation cost for the duration of the late return plus an extra 25% fee, without prejudice to beMatrix®'s right to claim a higher compensation if the actual damage suffered is higher. In such case, the Lessee shall be guilty of misappropriation and abuse of trust, in respect of which beMatrix® shall not fail to file a complaint with the competent judicial authorities.
6. DAMAGE TO THE LEASED GOOD
The Lessee undertakes to inform beMatrix® immediately in writing of any damage or technical defect to or by the leased goods that arises or occurs during the term of the lease agreement.
beMatrix® shall have the right to inspect the leased goods with the Lessee at any time.
The Lessee is not permitted to carry out maintenance and repair work on the leased goods himself. If the Lessee discovers that repair work is required, the Lessee undertakes to immediately notify beMatrix® in writing. If the leased goods require urgent repairs or maintenance during the lease period, the Lessee shall permit this, without this giving rise to any right to compensation or the right to dissolve the lease agreement. The Lessee also undertakes to allow beMatrix® or an employee appointed by beMatrix® to carry out repair work required due to normal wear and tear.
If the Lessee returns the leased goods in a damaged and/or contaminated condition on termination of the lease agreement, the Lessee shall be liable to pay beMatrix® a lump-sum compensation estimated at half of the total gross rental price for the entire term of the lease agreement, in addition to the repair or cleaning costs (including labour invoiced at an hourly rate of €50 and parts) , without prejudice to beMatrix®'s right to claim a higher compensation if the actual damage suffered is higher.
If damage and/or contamination to the leased goods is found during the lease period or upon their return, the Lessee shall be liable to pay a lump sum compensation of €500 for the repair and/or cleaning, without prejudice to the provisions of the previous paragraph and without prejudice to beMatrix®'s right to claim a higher compensation if the actual costs are higher. In case of higher actual costs, beMatrix® shall notify the Lessee of the amount of these costs in writing by registered letter. In the absence of protest from the Lessee by registered letter within a period of 3 working days from the date of the aforesaid registered letter from beMatrix®, the Lessee shall be deemed to have agreed with the estimate of the costs, and the Lessee shall be liable to pay this amount to beMatrix®, without prejudice to the provisions of the previous subclause.
Some non-exhaustive examples of damage:
- Drill, nail and screw holes;
- Separation or breaking off of corners or edges;
- Paint or lacquer damage with adhesive residues from tape, VELCRO® Brand tape, etc.;
- Oily or dirty stains from use in e.g. kitchen on stand;
- Twisted, shortened or scratched parts;
- All kinds of damage due to improper or incorrect use or negligence or carelessness of the Lessee.
In case of loss or theft of (part of) the leased goods or such serious destruction or damage, that repair of the leased goods is not reasonable, the lease agreement shall be legally dissolved without notice. The Lessee accepts that beMatrix® shall have the right to determine when this is the case. In such case, the Lessee shall be liable to pay beMatrix® compensation equal to the current replacement value of the leased goods, without prejudice to beMatrix®'s right to claim a higher compensation if the actual damage suffered is higher. In such case, the leased goods shall be placed at the free disposal of the Lessee, who undertakes to store, clean up, dismantle, transport, etc. the leased goods or the remnants of the same at his own expense.
7. LIABILITY OF THE LESSEE
During the lease of the goods, the Lessee shall be liable for all possible damage or nuisance, including vandalism and force majeure, wrongfully or otherwise, it may have been caused to, or by, or with the leased goods.
The Lessee undertakes to indemnify beMatrix® against all possible claims of third parties for compensation of damage caused by, or with the leased goods during the lease agreement.
8. PROHIBITION ON SUBLETTING
The Lessee is prohibited to sublet or lend out the leased goods or to hand the same over or make them available to third parties under any other condition, without the prior written consent of beMatrix®.