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Conditions générales de location
Our offers and agreements pertaining to the rental of products are subject to the General Rental Terms and Conditions of Bredenoord B.V., as filed with the Chamber of Commerce under number 02/1652928.
Article 1 Definitions The following definitions apply in these General Rental Terms:
Bredenoord: the private company Bredenoord B.V. or its affiliated corporate entities which declares these terms applicable in the context of a quote to or agreement with Renter. Usage Location: the location specified in the Agreement where the Material will be delivered. Information: images and drawings, models, descriptions, software, technical information etc. forming part of the Quote. Defect(s): a shortcoming or flaw in the Material attributable to Bredenoord which was present prior to delivery and/or for which the cause arose prior to delivery as a result of which the rented Material does not function (properly). Renter: the corporate entity/person that/who has concluded an Agreement with Bredenoord or receives a Quote from Bredenoord or otherwise acts as Bredenoord’s counterparty. Material: all the material rented or to be rented to the Renter by Bredenoord as described in more detail in the Quote or Agreement. Quote: non-binding written offer from Bredenoord to (potential) Renter. Schedule of Condition: report prepared by Bredenoord and Renter at the delivery (the delivery note) and/or return (the return note) of the Material by the Renter. Schedule of Damage: Report prepared after inspection of the returned Material by Bredenoord whereby defects have been found which are not included in the Schedule of Condition. Rental Confirmation: Written record of the Agreement concluded by Bredenoord with the Renter. Agreement: the agreement concluded between Bredenoord and Renter and to which these general rental terms and any additional terms have been declared applicable. In Writing: by means of a paper or digital document sent by (authorised) representatives of Bredenoord (and/or Renter).
Article 2 Applicability
1. These General Rental Terms apply to every Quote from Bredenoord and to all Agreements by any name concluded between Bredenoord and Renter. 2. Deviating terms will only apply insofar as these have been expressly accepted In Writing by Bredenoord and apply only to the Agreement(s) concerned. 3. Amendments and additions to any provision of the Agreement will only be valid if these have been recorded In Writing and have been signed by both parties. 4. The Agreement sets out the full content of the parties’ rights and obligations, and replaces all prior written and verbal agreements, statements and/or comments from the parties. 5. Bredenoord does not accept the applicability of Renter’s purchasing terms and/or other terms and expressly rejects them.
Article 3 Quotes
1. Bredenoord's offer as contained in the Quote is entirely non-binding, unless the contrary is expressly and unequivocally stated in the Quote itself. 2. The content of all Information supplied with the Quote is provided as accurately as possible, but is never binding for Bredenoord. Quotes are based on the information provided by Renter. 3. Information provided by Bredenoord remains the property of Bredenoord, may not be reproduced and/or made available to third parties without Bredenoord’s permission In Writing and must immediately be returned to Bredenoord on request. Bredenoord also reserves all existing intellectual and industrial property rights. 4. A Quote is valid for thirty (30) days following its date, after which it expires.
Article 4 Formation of the agreement
1. An Agreement is only formed if and insofar as Bredenoord has issued a Rental Confirmation or has entered into an Agreement with Renter. The Agreement is deemed to have been formed at the moment when Bredenoord has sent the Rental Confirmation or the Agreement has been signed by Renter or otherwise confirmed. 2. Renter is deemed to accept the content of the Rental Confirmation unless it informs Bredenoord In Writing within five working days after the date of the Rental Confirmation that it does not agree with the content. 3. In the event of work for which no Quote or Rental Confirmation is sent in connection with the nature and scale, the invoice also serves as proof of the formation of the Agreement. 4. If an offer is accepted by Renter, Bredenoord has the right to cancel the Agreement unilaterally at least twenty-four (24) hours before the commencement of the agreed delivery period for the Material. If Bredenoord exercises this (unilateral) right it is never obliged to pay any compensation to the Renter. 5. Renter can in principle cancel the Agreement before the time of the provision of the Material. However, Renter will then be liable for the following charge: - 70% of the net rental charge for the daily charge of the Material in the event of cancellation before the time when the Material would have been made available to Renter, and 100% of the net rental charge - including the incurred transportation costs - if the cancellation takes place at the time when the Material is ready for transportation;
Article 5 Prices
1. All quoted prices exclude VAT and exclude all other levies, duties or charges payable in connection with the execution of the Agreement. The prices also exclude transportation, delivery, dismantling and service/maintenance unless the parties have expressly agreed otherwise in the Agreement. 2. If prices or rates of price-determining factors such as wages, materials, currency exchanges, import duties, toll and ferry costs and insurance rates increase for any reason, Bredenoord has the right to increase the agreed prices. 3. If the execution of the Agreement by Bredenoord is delayed as a result of the failure to provide information or instructions or other causes attributable to the Renter, Bredenoord is entitled to increase the prices as compensation for the additional costs resulting from this. 4. If the Material is used for a greater number of hours per day or per week than agreed, Renter must immediately notify Bredenoord of this In Writing, and Renter is liable to pay the corresponding higher rental charge to Bredenoord.
Article 6 Payment
1. Renter must pay Bredenoord’s invoices within fourteen days of the date of invoicing without any discount, deduction or offsetting. Renter is not entitled to suspend its payment obligation. Rental provider is entitled to invoice in instalments. 2. If Renter has not fulfilled its obligations with respect to Bredenoord within the agreed payment period, the Renter will be legally in default without the need for any notice of default. From the moment when Renter is in default until the day of full payment Renter is liable for late payment interest of 1% on the amount owed per month or part thereof, without prejudice to Bredenoord’s right to compliance, dissolution or compensation. 3. All costs associated with the collection of the sums invoiced by Bredenoord (including the extrajudicial collection costs) will be borne by Renter. The extrajudicial collection costs are equal to 15% of the principal sum with a minimum of € 250 excluding VAT. 4. Renter is always obliged to make advance payments when entering or after entering into the Agreement at Bredenoord's first request to that end equal to the amounts specified by Bredenoord and/or provide sureties for compliance with its obligations. Bredenoord is not obliged to pay interest on advance payments or any sureties provided by Renter. 5. Invoices will be deemed to have been accepted by Renter if Bredenoord has not received any objection to them In Writing within eight days of the date of invoicing. Disputing the correctness or objecting to the invoice does not result in any suspension of Renter’s payment obligation.
Article 7 Condition of Material
1. Renter will accept the Material in its current condition. The condition at the start of the Agreement is recorded by or on behalf of Bredenoord in a Schedule of Condition (the delivery note) to be attached as an appendix to the Agreement and initialled by the parties, which Schedule of Condition forms part of the Agreement. If no Schedule of Condition has been prepared at the start of the Agreement, the Material is deemed to have been delivered in the condition that Renter may expect of a well-maintained item of the type to which the Agreement relates and without Defects. 2. At the end of the Agreement Renter is obliged to return the Material in the condition described in the Schedule of Condition at the start of the Agreement. If no Schedule of Condition has been prepared at the start of the agreement, the Material will be returned by Renter to Bredenoord at the end of the Agreement or at the end of the use in the condition that Bredenoord may expect of a well-maintained item of the type to which the Agreement relates. 3. The Material must be inspected by the parties together before the end of the Agreement. The Parties will prepare a Schedule of Condition (the return note) of this inspection recording the findings with regard to the condition of the Material. 4. If Renter does not cooperate with the inspection and/or the recording of the findings and agreements in the Schedule of Condition, Bredenoord is entitled to carry out the inspection without Renter’s presence and draft the Schedule of Condition bindingly for the parties. Bredenoord will provide Renter with a copy of the Schedule of Condition without delay. 5. After the Material is returned to Bredenoord following the end of the Agreement, Bredenoord will inspect the Material without delay. If this inspection reveals that there are defects other than those contained in the Schedule of Condition, Bredenoord will send Renter a Schedule of Damage which records the repairs that were found to be necessary. 6. Bredenoord will carry out or commission the work referred to in the Schedule of Condition and/or Schedule of Damage at Renter’s expense at the end of the Agreement and recover the associated costs from Renter.
Article 8 Intended use and prohibition clause
1. The Material will remain the property of Bredenoord at all times, regardless of the length of the Agreement. The Material is only intended for use by Renter as specified in the Agreement. 2. Renter is obliged to use the Material with due care in accordance with the intended use during the rental period. 3. Renter will immediately notify Bredenoord In Writing if the Material is seized or a claim is otherwise made on (any part of) the Material. In addition Renter will inform Bredenoord at its first request where the relevant Material is located. 4. In the event of seizure of (part of) the rented Material or (provisional) payment moratorium or bankruptcy on the part of Renter, Renter will immediately notify the seizing bailiff, administrator or receiver about Bredenoord's (ownership) rights. 5. Renter - including its employees, auxiliary persons and/or other persons operating the Material on the instructions and/or under the responsibility of Renter - must only allow the Material to be used by (a) certified or qualified person(s) who is/are familiar with Bredenoord’s Material. 6. Renter is not permitted without Bredenoord’s permission In Writing: - to use the Material for a purpose other than that specified in the Agreement; - to repair or dismantle the Material in full or in part; - to make changes in, on or to the Material and to add and/or attach items to it; - to have the Material moved outside the Usage Location or move it within the Usage Location; - to rent or sub-rent the Material to third parties or allow third parties to use the Material, or assign the rental rights to third parties in full or in part or to contribute the rental rights to a company or corporate entity; - to sell, assign or encumber the Material with a restricted right. 7. If Renter acts contrary to the provisions of article 8.5 and/or article 8.6, Renter will be liable to pay an immediately payable fine equal to € 7500 per day that the breach continues, without prejudice to Bredenoord’s right to compliance, dissolution and compensation.
Article 9 Maintenance, repair and use
1. Renter is obliged to notify Bredenoord without delay of maintenance that has become necessary on the Material. If Renter fails to inform Bredenoord in good time that maintenance is required, Renter is obliged to reimburse the loss suffered by Bredenoord as a result of this omission. 2. The costs of maintenance, repair and replacement as a result of a material or construction defect will be borne by Bredenoord . All other costs to be incurred for the maintenance, repair or replacement of the Material will be borne by Renter. The cost of fuel consumption and the costs of daily maintenance will be borne by the Renter. 3. Maintenance other than daily maintenance and/or any repairs may only be carried out by Bredenoord unless Renter has been given permission In Writing to perform or commission that work itself. With regard to rented generators, daily maintenance or inspection to be carried out by Renter comprises: - checking the oil level at least once a day before starting up and topping up to the highest marking where necessary, after consultation with Bredenoord, whereby oil of a 10W-40 multigrade type ACEA E3 E5 of a reputable brand or an equivalent oil (originating from one of the major oil companies operating in the Netherlands) must be used; - checking the coolant level in the radiator for water-cooled engines and where necessary topping up the radiator with coolant to the required level after consultation with Bredenoord; - continuously checking the rented generator for unusual noises, leaks or other deviations in accordance with guidelines specified on the metal plate attached to the rented generator. 4. Renter undertakes to allow Bredenoord access to the Material at all times so that Bredenoord or a third party appointed by Bredenoord can carry out maintenance and repair work. 5. For the maintenance to be carried out by Bredenoord, apart from the work which cannot be delayed, Bredenoord will discuss with Renter beforehand how as much account as possible can thereby be taken of Renter’s interests. If this work is carried out outside normal working hours at Renter’s request, the additional cost of this will be borne by Renter. 6. Renter will notify Bredenoord of Defects in the Material In Writing without delay. In that notification Renter will give Bredenoord a reasonable period (except in the case of emergencies) to start resolving a Defect which is Bredenoord’s responsibility. 7. Renter is obliged to take preventative measures to prevent theft of and/or damage to the Material. 8. Renter is responsible for obtaining the required permissions, certificates, licences and/or exemptions for the use of the Material. The associated costs will be borne by Renter. Additional costs such as levies, charges, taxes and payments imposed in connection with (the use of) the Material will be borne by Renter from the Delivery of the Material, even if the demand for these is addressed to Bredenoord. 9. Renter is obliged to properly insure the Material from the moment of Delivery against all insurable loss throughout the term of the Agreement and to keep it insured. 10. Bredenoord has the right to inspect the Material at the Renter from time to time. If Bredenoord believes that the Material is being used incorrectly or is being neglected, Bredenoord is entitled to take possession of the Material and/or to restore it or have it restored to a good condition and state of maintenance, all at Renter’s expense. 11. Bredenoord has the right to replace the Material during the term of the Agreement with an equivalent generator without this giving Renter the right to dissolution or compensation. Renter must cooperate fully with this.
Article 10 Delivery and rental period
1. The rental period starts at the date and time as agreed in the Agreement. 2. The rental period ends on the date as specified in the Agreement (the “off rent date”) without prejudice to Bredenoord’s right to terminate the Agreement earlier on the basis of article 14. If the rented Material has not been returned to Bredenoord on the off rent date (complete and in good condition), a new Agreement will be deemed to have been concluded under the same terms for an indefinite period unless Bredenoord notifies Renter otherwise within two weeks of the end of the original rental period. 3. Unless agreed otherwise, Bredenoord will deliver the Material to a place specified by Renter. Bredenoord has the right to deliver the Material to another place within the Usage Location. Renter must ensure that the place of delivery is easily accessible and suitable for delivery and placing of the rented Material. 4. If Renter arranges transportation of the rented Material itself (and therefore collects the Material from Bredenoord) the transportation will be at Renter’s risk and expense. Renter will indemnify Bredenoord against possible claims by third parties in this regard. Renter which arranges its own transportation also declares that it is aware of all applicable laws and regulations relating to the transportation of hazardous substances and will comply with these laws and regulations at all times. 5. Bredenoord will specify an approximate delivery time. The agreed times are not of the essence unless explicitly agreed otherwise. 6. If there are circumstances other than those of which Bredenoord was aware when it specified the delivery time and/or execution period, Bredenoord can extend and/or modify the delivery time insofar as this is necessary in order to perform the assignment under the circumstances. If Bredenoord‘s obligations are suspended, the delivery time will be extended by the length of the suspension. In the event of force majeure or unworkable conditions, such as unworkable weather, the delivery time will be extended by the resultant delay. 7. The delivery time only starts when agreement has been reached on all commercial and technical details and all necessary information is in Bredenoord’s possession and the necessary conditions for the performance of the assignment have been met. 8. Breaches of the agreed delivery time never give Renter the right to compensation unless agreed otherwise In Writing. 9. Renter must ensure that a person is present to receive the Material during the agreed time of delivery. If no-one is present at the time of delivery, Bredenoord has the right to take the Material away again. Renter will then be liable for the transport costs and all other additional costs. 10. Receipt will be deemed to have been refused if the Material is offered for delivery but delivery has not been found to be possible. The day on which receipt is refused is considered the day of delivery and Renter will be obliged to pay the agreed charges to Bredenoord. 11. Renter indemnifies Bredenoord against all loss and costs, including lost turnover and profit, as a result of non-delivery, late delivery or incomplete delivery.
Article 11 Complaints
1. Renter must fully inspect the Material immediately after delivery. Any Complaints about faults of defects with regard to the Material must be notified to Bredenoord In Writing and with reasons within 24 hours of delivery. Faults or Defects which could demonstrably not have been discovered earlier must be notified to Bredenoord In Writing and with reasons as soon as they are discovered and no more than 14 days after delivery. Exceeding this period will lead to a loss of Renter’s right to obtain compliance and/or compensation or another remedy with regard to the Defect and/or complaint in question. 2. If and insofar as a complaint by Renter is justified in accordance with this article, Renter is entitled to either (to be determined at Bredenoord’s full discretion): (i) rectification of the Defect free of charge (ii) replacement of the relevant component of the Material free of charge. Complaints will not be accepted if the Defect will not prevent or significantly impede the use of the Material. 3. Complaints and other objections about the work, the Material and/or the invoice amount do not suspend Renter’s payment obligation with respect to Bredenoord.
Article 12 Return and risk
1. Renter may not return of the Material before the end of the agreed rental period without Bredenoord’s permission In Writing. - The costs of an earlier return will be borne by Renter. 2. If the Material is returned to Bredenoord before the end of the term of the Agreement, Renter is obliged to pay Bredenoord the charges owed on the basis of the Agreement, based on the agreed rental period together with additional (storage) costs as a result of the early return of the rented Material. 3. Renter must ensure that there is someone present to return the Material. If there is no-one present at the time of collection, Bredenoord can still recover the Material. If a dispute should arise about the question of whether the Material has been left in good condition or the correct number (which also includes a number of operating hours) has been specified by the Renter, the burden of proof in this regard expressly lies with Renter. 4. The Material must be ready at the Usage Location. If the Material has not been prepared for transportation in an orderly fashion, the Renter will be liable for a fine of € 250, without prejudice to Bredenoord’s right to additional compensation. 5. When returning the Material Renter is obliged to check whether the Material and the fuel in the tank(s) of that Material meet the applicable statutory (Dutch) standards and if this is not the case, to take steps to comply with those standards at Renter’s own expense. If Renter fails to comply with this obligation it is fully liable for the loss suffered and to be suffered by Bredenoord. If Renter uses red diesel in the tank(s) (which is permitted abroad in some cases), Renter is obliged to have the tank(s) emptied and cleaned outside the Netherlands before returning the tank(s) to Bredenoord, including the obligation to submit a certificate from a company certified for this purpose. 6. If it is stipulated that Renter will collect the rented Material from Bredenoord, the Agreement will end at the time when the Material has been returned to Bredenoord by Renter, on condition that the Schedule of Condition has also been signed by the Renter. If the parties have agreed that Bredenoord will collect the Material from Renter, the Agreement will end of the moment that the Material is checked out with Bredenoord by Renter In Writing.
Article 13 Damage and loss
1. Damage to the Material caused within the period when Renter is responsible for the rented Material must be notified to Bredenoord immediately after discovery and certainly within 24 hours of the damage occurring. 2. In the event of theft/loss of Material, the Renter is obliged to notify this to Bredenoord within 24 hours of discovery and to report the theft to a police station. Renter is also obliged to provide Bredenoord with (a copy of) the police report. If the Renter fails to report the loss and/or provide Bredenoord with a police report, the theft will be treated as misappropriation. 3. The costs incurred by or on behalf of Bredenoord to assess damage, repair and/or cleaning costs for the Material will be borne directly by Renter. Renter accepts in advance that loss adjustment will be carried out at the Renter’s expense by a certified loss adjustment firm appointed by Bredenoord if Bredenoord deems this desirable and, in other cases, a loss adjustment will be carried out by Bredenoord. 4. The Renter is held liable for the direct and indirect losses suffered and to be suffered by Bredenoord in connection with the Material, regardless of whether it is responsible for the damage, the loss or theft of the rented Material or the rented Material being made unusable or worthless.
Article 14 Premature termination
1. If: a. Renter applies for its own bankruptcy, is declared bankrupt or applies for a payment moratorium; or b. a decision is made to liquidate Renter or terminate Renter’s business activities or to sell Renter’s business activities and/or the liquidation, termination or sale commences or the nature of Renter’s business activities changes significantly in Bredenoord’s opinion; or c. Renter fails to comply (in full) with any of its obligations with respect to Bredenoord under the law or under contractual terms; or d. Renter fails to pay an invoice sum or part thereof within the stipulated period; or e. all or part of Renter’s assets are seized, Renter is deemed to be legally in default and Renter’s (remaining) debt with respect to Bredenoord will become payable immediately. Bredenoord is then entitled to terminate the Agreement in full or in part without notice of default or judicial intervention and without prejudice to Bredenoord’s other rights, such as rights with regard to penalties which have already been imposed, interest and the right to suspension and/or compensation. Bredenoord is not obliged to pay any compensation to Renter in the event of termination of the Agreement in accordance with the provisions of this article.
2. If a situation arises as described in paragraph 1, Bredenoord or a third party to be appointed by it is entitled to recover the Material free of all rights on the part of Renter and without the obligation to return the Material to Renter. In the cases described in the above paragraphs Bredenoord or a third party to be appointed by it is entitled to enter Renter’s sites and buildings in order to take possession of the Material. Renter is obliged to take the necessary steps in order to enable Bredenoord to exercise its rights, and must remove items that have not been supplied by Bredenoord which are located in, on or with the Material in good time.
Article 15 Indemnification
1. From the moment of delivery until the moment of the end of the Agreement, Renter is fully responsible and liable for the Material, and all risks associated with the Material will be borne by Renter. Renter is liable for all damage/loss to or connected with (the use of) the Material, however caused, regardless of whether such damage/loss was caused as a result of fault on the part of Renter or third parties or by any hidden or visible defects on the Products, unless Bredenoord is liable on the basis of mandatory legal provisions concerning (product) liability. 2. Renter is obliged to compensate and indemnify Bredenoord or third parties engaged by Bredenoord for all loss that they may suffer as a result of theft of or damage to the Material, death or injury of third parties or damage to the property of Bredenoord or third parties as a result of (in full or in part) the use or condition of the Material during the period that Renter is responsible for this as specified in the preceding paragraph, regardless of the cause, unless Bredenoord is liable for this under the Agreement. 3. The obligations under this article will be maintained following termination of the Agreement. The obligation to indemnify applies regardless of whether the relevant damage/loss occurs before or after the Material is returned to Bredenoord by Renter.
Article 16 Liability
1. Bredenoord’s liability is expressly limited to direct damage and injury to the Renter’s property and persons caused by a demonstrable Defect in the Material or by intent or gross negligence on the part of Bredenoord. Bredenoord’s liability is also restricted to the amount paid out for this where applicable under the liability insurance which it has taken out. Liability for other (consequential) loss and financial loss by any name, to include the rental/purchase of a replacement item, loss of sales and/or profit and losses due to delays, is expressly excluded. 2. Bredenoord’s liability can never exceed a sum of € 10,000 unless and insofar as a higher sum is paid out in that specific case on the basis of its insurance. 3. The liability limitations contained in this article apply for the benefit of both Bredenoord and its employees and for the benefit of all other parties affiliated with Bredenoord and their employees (whether or not they are engaged in the activities). Only Bredenoord is liable for Renter’s loss in connection with the work. 4. Renter will indemnify Bredenoord against claims by third parties on the basis of loss caused with, by or in connection with the Material. 5. Any liability will expire after the passing of one year from the date of loss. 6. Any (alleged) right of action on the Renter’s part with respect to Bredenoord relating to loss as described in this article will lapse if: a. the loss and/or the Defects have not been notified to Bredenoord within the period specified above in article 11 and/or in the manner specified there; b. Renter provides no/insufficient cooperation with Bredenoord with regard to an investigation into the justification of the complaints; c. Renter has not set up, treated, used or maintained the Material correctly; d. Bredenoord has not been given any opportunity for a (counter-/contradicting) assessment.
Article 17 Force majeure
1. If Bredenoord cannot comply (in full) with its obligations under the Agreement due to force majeure Bredenoord is not liable for any loss suffered by Renter and compliance with Bredenoord’s obligations is suspended until the time when Bredenoord is able to resume the work in the agreed manner. 2. If the force majeure situation lasts more than two months, Bredenoord is entitled to dissolve the Agreement in full or in part by means of a notification to that end without judicial intervention and without any obligation to pay compensation, without prejudice to Bredenoord’s entitlement to payment by Renter for work already performed by Bredenoord before the force majeure situation arose. 3. Force majeure refers to all circumstances as a result of which Bredenoord is temporarily or permanently unable to comply with its obligations, such as - but not limited to - fire, extreme weather conditions, strikes or lockouts, civil commotion, war, government measures such as import or export restrictions, non-performance by suppliers, transport problems, natural disasters, faults within the business of Bredenoord or its suppliers, problems with the power supply, theft or misappropriation from Bredenoord’s warehouses or workshops, and also all circumstances in which Bredenoord cannot reasonably be expected to (continue to) comply with its obligations with respect to Renter. Force majeure on the part of Bredenoord’s suppliers is also deemed to be force majeure on Bredenoord’s part. 4. If Bredenoord has already partly complied with its obligations when the force majeure occurs or Bredenoord can only partly comply with its obligations, it is entitled to invoice separately for the part which it has already performed or can still perform and Renter is obliged to pay this invoice as if it related to a separate Agreement.
Article 18 Sundry
1. Bredenoord is entitled to use third parties for the execution of the Agreement. 2. Bredenoord collects and processes information relating to the Material, Renter, and officials, employees, associates or representatives of Renter (personal data) in connection with the management of the relationship with Renter and the execution of the Agreement. Bredenoord will treat the personal data as confidential and use it only for the aforementioned purposes. Renter also accepts that Bredenoord will share personal data with its suppliers or third parties if this is necessary in connection with the aforementioned purposes. Renter will compensate and indemnify Bredenoord for claims from third parties in connection with the above (including any claims by the aforementioned officials, employees, associates or representatives and/or regulators and authorities). Renter can indicate at any time by means of a written request to the directors of Bredenoord that the Renter’s data must be removed from Bredenoord’s records. 3. If multiple corporate entities/persons have bound themselves as Renter, they are always fully jointly and severally liable with respect to Bredenoord for all obligations arising from the Agreement. 4. Renter is not permitted to remove, use or modify any indication concerning Bredenoord’s intellectual property, including but not restricted to copyright, trademarks, trade names, patents or other rights, from the rented Material. 5. Bredenoord retains all industrial property rights, including but not restricted to copyright on the quotes, designs, images, drawings and prototypes provided by it and the Material. All intellectual property rights used or developed by Bredenoord during or with regard to or arising from the Agreement are and remain the property of Bredenoord. 6. Renter is not permitted to use the intellectual property rights and/or photographs or images of Bredenoord’s Material in or for any form of documentation and/or promotion purpose(s) for Renter and/or for third parties without Bredenoord’s permission In Writing. 7. Both during and following the termination of the Agreement parties undertake to one another to maintain complete confidentiality of all essential commercial information concerning the other party of which they are or become aware.
Article 19 Applicable law
1. All disputes which arise as a result of or arising from the Agreement concluded with Bredenoord and/or Quotes will be settled at Bredenoord's discretion by the competent court in the district which covers Bredenoord’s registered office, without prejudice to Bredenoord's right to submit a dispute to the competent court within the district in which Renter is domiciled. 2. Dutch law always applies to the Agreement and/or Quotes.
Article 20 Final provisions
1. Bredenoord is entitled to amend these General Rental Terms. Renter is deemed to have accepted the relevant amendment if Bredenoord has not received an objection In writing against it within fourteen days after the written notification from Bredenoord that amendment will take place. 2. Renter is not entitled to assign, encumber or otherwise dispose of its rights under the Agreement in full or in part. This provision is a provision as described in Netherlands Civil Code section 3:83 paragraph 2. 3. Bredenoord is entitled to assign its rights and obligations arising from the Agreement to a third party and/or to sell Material to a third party. Renter hereby pledges its unconditional and irrevocable cooperation with a contract transfer. 4. If and insofar as one or more of the provisions of the Agreement are or become non-binding, the remaining provisions of the Agreement will continue to apply in full. In that case the parties will enter into discussions at either party’s request with the intention of reaching agreement on a new provision which matches the parties’ intentions when the Agreement was signed. In the event of disagreement about the interpretation of the Rental Terms, the Dutch text will always be binding.
