General terms and conditions of Voet Verhuur B.V.

PART A - GENERAL PROVISIONS

Article 1 Definitions

Offer: a proposal, for example offers and quotations, made by or on behalf of Voet Verhuur B.V., hereinafter: "Voet Verhuur” to conclude an Agreement.
Customer: a legal or natural person who concludes an Agreement with Voet Verhuur. General Terms and Conditions: the present set of general terms and conditions.
Service: work performed by or on behalf of Voet Verhuur, acting on the Customer’s instructions.
Lead Time: the term specified by Voet Verhuur within which it expects to deliver the Product or Service and/or to have implemented the Agreement.
Order: the offer/proposal made by the Customer to Voet Verhuur to conclude an Agreement.
Agreement: the agreement concluded between the Customer and Voet Verhuur concerning the sale, purchase, rental and delivery of the Product and/or Service to which the General Terms and Conditions apply.
Parties: Voet Verhuur and the Customer jointly.
Price: the amount to be paid by the Customer to Voet Verhuur for the Product and/or Service.
Product: the movable property and/or the rented goods to be delivered to the Customer by Voet Verhuur under the Agreement.
Voet Verhuur: the user of the General Terms and Conditions, Voet Verhuur B.V., having its registered office in Beesd and its place of business in (4104 BB) Culemborg at the address Plantijnweg 4, registered in the Chamber of Commerce under number 30247618, or a legal entity or company belonging to the group as referred to in article 2:24b of the Dutch Civil Code of which Voet Verhuur is a part, which concludes an Agreement with the Customer. Anything stated in the General Terms and Conditions in the singular is to be understood in the plural where appropriate.

Article 2 Applicability and interpretation
2.1 The General Terms and Conditions apply to any invitation to make an Offer, an Offer and the Agreement between Voet Verhuur and the Customer.
2.2 In case of conflict, the Agreement takes precedence over the General Terms and Conditions. The headings of the articles of the General Terms and Conditions have no independent meaning and these headings do not affect the interpretation of the provisions of the General Terms and Conditions.
2.3 Any reference by the Customer to their own purchasing or other general terms and conditions is expressly rejected by Voet Verhuur.
2.4 Deviations from and/or additions to the General Terms and Conditions only apply if Voet Verhuur has expressly accepted them in writing and shall only apply to the Agreement in question.
2.5 If any provision of the General Terms and Conditions is null and void or annulled or otherwise loses its legal validity, the Parties shall remain bound by the remaining provisions of the General Terms and Conditions. In the aforementioned case, the Parties will confer to replace the invalid provision with a valid provision that corresponds as closely as possible to the purpose and purport of that provision.
2.6 Voet Verhuur is authorized to unilaterally amend and/or supplement the General Terms and Conditions. The amended and/or supplemented General Terms and Conditions will be sent to the Customer.

Article 3 Offer, acceptance and Agreement
3.1 Any Offer from Voet Verhuur is without obligation, unless it contains a deadline for acceptance.
3.2 In the case of an Offer by Voet Verhuur, an Agreement is established by acceptance of this Offer by the Customer. 3.3 If the acceptance by the Customer deviates (whether or not on minor points) from the Offer, the Agreement will not be established in accordance with this deviating acceptance, unless Voet Verhuur indicates otherwise.
3.4 In the event of an Order from the Customer, an Agreement is established when Voet Verhuur has accepted the Order by confirming or executing it in writing within fourteen days of receipt.
3.5 If acceptance by Voet Verhuur (as per paragraph 4) differs from the Order by the Customer, the Agreement will be established in accordance with Voet Verhuur’s acceptance of same, unless the Customer has objected within three working days after the acceptance.
3.6 An amendment to the Agreement is only valid if Voet Verhuur has expressly accepted it in writing and only applies to the Agreement in question.
3.7 If the Order changes at the Customer’s request after the conclusion of the Agreement, then additional work is involved. An amendment to the Agreement may alter the Lead Time and Price originally indicated.
3.8 If the Customer provides Voet Verhuur with information (data, drawings, etc.), Voet Verhuur may assume its accuracy and will base its Offer on said information.
3.9 Voet Verhuur cannot be held to its Offer if the Customer can or should have reasonably understood that said Offer, or a part thereof, contains an obvious mistake or mistyping.
3.10 Voet Verhuur cannot be held to any information provided by it (e.g. price lists, brochures, leaflets and information on its website) when its Offer does not explicitly refer to that information.

Article 4 Prices
4.1 All prices are in euros.
4.2 The Price charged by Voet Verhuur applies to delivery from the warehouse or other storage place and is exclusive of: a. sales tax, import duties and other government levies; b. any costs to be incurred in the context of the Agreement and its performance (e.g. packaging, transport, loading and unloading, toll costs, insurance, travel, call-out and accommodation costs, installation costs, additional work, shipping and handling costs), unless specified otherwise in writing.
4.3 The Rent will be revised annually with effect from 1 January, automatically and, therefore, without the need for notice.
4.4 Voet Verhuur is entitled to increase the Price if, after the conclusion of the Agreement, Voet Verhuur cannot be expected to deliver at the originally agreed Price due to market developments. Voet Verhuur will inform the Customer of its intention to increase the Price, stating the extent of and the date on which the increase will take effect. If the Customer is not acting in the exercise of a profession or business, they may, in the event that the Price is increased within three months after the conclusion of the Agreement, dissolve the Agreement by sending written notice with proof of receipt to Voet Verhuur.
4.5 The Customer will compensate Voet Verhuur for additional work at Voet Verhuur's usual rates.

Article 5 Terms of payment, default, advance and security
5.1 Payment of invoices must be made within thirty days of the invoice date, without setoff, suspension or deduction, by payment into or transfer to a bank account designated by Voet Verhuur. Payment of an amount has taken place when it is credited to a bank account of Voet Verhuur.
5.2 If the Customer fails to pay or does not pay on time, the Customer shall be in default by operation of law. The Customer shall then owe contractual interest of 2% per month (with part of a month being considered a whole month). If the statutory interest rate or statutory commercial interest is higher than the contractual interest rate, the statutory interest rate or statutory commercial interest is due.
5.3 If the Customer fails to pay or does not pay on time, the Customer shall owe Voet Verhuur extrajudicial collection and other costs. These costs are 15% of the amount owed by the Customer. In addition to the extrajudicial costs, the Customer shall also owe judicial and enforcement costs.
5.4 Payments made by the Customer shall first be deducted from the costs (paragraph 3), then from the interest due (including accrued interest) and finally from the principal sum (in order of invoice dates, with payment being allocated to the oldest invoices first).
5.5 Voet Verhuur is entitled to require an advance and/or down payment on the amount due both prior to and during the delivery of Products and/or Services.
5.6 Voet Verhuur is entitled to demand reasonable security from the Customer for the fulfilment of the payment obligations. Reasonable security includes, but is not limited to, a deposit, pledge or bank guarantee. The Customer is obliged to provide such security at Voet Verhuurt's first request to that effect.

Article 6 Lead time
6.1 An approximate Lead Time will be determined by Voet Verhuur. This time limit is not a deadline.
6.2 The Lead Time commences after the Customer has fulfilled their obligations under the Agreement.
6.3 Should there be a change in the circumstances as were reasonably known to Voet Verhuur when the Lead Time was agreed upon, Voet Verhuur is entitled to extend the Lead Time by the time that is reasonably necessary to perform the Agreement under these changed circumstances.
6.4 If - for reasons other than those mentioned in paragraph 3 and assuming there is no force majeure on the part of Voet Verhuur (article 15) - there is a change to the Lead Time, the Customer will be informed of this as soon as possible. If the Lead Time changes by more than fourteen days, the Customer may dissolve the Agreement by sending written notice with proof of receipt to Voet Verhuur. The Customer shall then be entitled, where applicable, to a refund of the part of the Price already paid for the Product and/or Service in respect of which no performance has taken place.
6.5 Exceeding the agreed Lead Time shall never entitle the Customer - if they are a legal entity or a natural person acting in the exercise of a profession or business - to damages.

Article 7 Delivery, performance and transfer of risk
7.1 Delivery takes place from the warehouse, unless the Parties have agreed otherwise. The risk of loss, damage or depreciation passes when the Product leaves the warehouse.
7.2 Voet Verhuur is entitled to engage third parties for the execution of the Agreement. The applicability of articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is expressly excluded.
7.3 Voet Verhuur is entitled to execute the Agreement in different phases and to invoice the part thus executed separately.
7.4 If the Agreement is executed in phases, Voet Verhuur may suspend the execution of those parts that belong to a subsequent phase until the Customer has approved the results of the preceding phase in writing.
7.5 If Voet Verhuur performs work or delivers Products at the request or with the prior consent of Customer that fall outside the content or scope of the relevant Agreement, the Customer will compensate Voet Verhuur for such work at Voet Verhuur's usual rates. Voet Verhuur will indicate the financial consequences and the impact on the performance timeline. Voet Verhuur is not obliged to comply with such a request and may require a separate written Agreement to be concluded for that purpose.
7.6 If the Customer does not purchase the Product made available or is negligent in providing the information necessary for its delivery, Voet Verhuur is entitled to suspend the delivery or the remaining delivery, charge the Rent and/or store the Product at the Customer’s expense and risk. Voet Verhuur reserves the right to claim the damage it suffers due to the actions of the Customer and/or to dissolve the Agreement. The foregoing does not suspend the Customer's payment obligation.
7.7 If Voet Verhuur or a third party engaged by Voet Verhuur is responsible for transport, the method of transport, shipment, etc. will be determined by Voet Verhuur and the transport will be at the Customer’s expense and risk. The Customer must ensure the presence of adequate, complete and sufficient receiving equipment as well as sufficiently qualified personnel, and guarantee that the storage place where the Product is to be delivered is accessible without hindrance and without risk.
7.8 With regard to the Service, Voet Verhuur has an obligation to use its best endeavours but expressly is not subject to an obligation to achieve a particular result.
7.9 If Voet Verhuur discovers defects to the Product and/or other items owned by Voet Verhuur during the performance of the Agreement, which Voet Verhuur believes may lead to dangerous situations, Voet Verhuur is authorized to 'reject' the Product or these items or put them out of action and take them back.

Article 8 Retention of title
8.1 All Products delivered by Voet Verhuur will remain the property of Voet Verhuur, until the moment that the Customer has fully complied with all their obligations towards Voet Verhuur under any Agreement concluded with Voet Verhuur for the delivery of goods (Product) and/or the performance of work and/or the delivery of Service(s), which also includes all claims due to failures in the fulfilment of such Agreement.

Article 9 Property rights of Voet Verhuur
9.1 The Product delivered under retention of title and the other items owned by Voet Verhuur may not: be altered or adapted, disposed of or sold on or given in sole or shared use to a third party or sub-let or used as a means of payment.
9.2 The Customer is not authorized to pledge or otherwise encumber the Product delivered under retention of title and any other items owned by Voet Verhuur.
9.3 The Customer must always do everything that can reasonably be expected of them to secure the property rights of Voet Verhuur.
9.4 If third parties seize or threaten to seize the Product delivered under retention of title and/or the other items owned by Voet Verhuur, including the goods hired out to the Customer, or wish to establish or assert rights on them, the Customer is obliged to inform Voet Verhuur of this at once.
9.5 The Customer undertakes to insure and keep insured the Product delivered under retention of title (including any rented goods) and/or the other items owned by Voet Verhuur against risks including, but not limited to, fire, explosion, water damage and theft. The Customer is obliged to make the policy for this insurance available to Voet Verhuur for inspection upon first request. In the event of any insurance payment, Voet Verhuur is entitled to the payment. The Customer is obliged to cooperate with everything that might be, or prove to be necessary or desirable in this context and to pledge all claims under the aforementioned insurances to Voet Verhuur. Voet Verhuur may take out insurance for the Customer. The costs of this shall be borne by the Customer and amount of the invoice amount. The excess shall be borne by the Customer and amounts to €2,500. Only the generator is insured. Accessories are not insured.
9.6 In the event that Voet Verhuur wishes to exercise or secure its property rights, the Customer gives unconditional and irrevocable permission in advance to Voet Verhuur and third parties to be appointed by Voet Verhuur to enter all those places where the property of Voet Verhuur is located and to take it back at the Customer’s expense.
9.7 With prior announcement, Voet Verhuur and third parties to be appointed by it shall have the authority to check and inspect the items belonging to Voet Verhuur at all times. The Customer is obliged to give Voet Verhuur and third parties a proper opportunity to carry out this inspection.

Article 10 Obligations of the Customer
10.1 The Customer shall ensure that all information which Voet Verhuur indicates is necessary, or which the Customer should reasonably understand to be necessary in order to perform the Agreement, is provided to Voet Verhuur in a timely manner.
10.2 The Customer is obliged to take all measures and follow all instructions which must be taken or observed when using the Product and/or the other items owned by Voet Verhuur and which, among other things, contribute to durability and safety. This includes all measures and instructions mentioned by Voet Verhuur or included in manuals and/or instruction material provided by Voet Verhuur.
10.3 The Customer must have the necessary permits and/or exemptions and must comply with all regulations imposed by laws and/or regulations.
10.4 The Customer shall ensure that - if necessary - an aerial platform, scaffolding or other rolling equipment is/are present.
10.5 The Customer is prohibited from relocating items which are the property of Voet Verhuur, including the rented goods, within branches or outside branches of the Customer without the prior written permission of Voet Verhuur.
10.6 If the Customer has obtained permission, the Customer is obliged to inform Voet Verhuur in writing of any relocation of any item that is the property of Voet Verhuur.

Article 11 Returns
11.1 Returns are not accepted.

Article 12 Completion and complaints
12.1 The Services are considered delivered when Voet Verhuur has notified that the Services are ready for delivery and the Customer has accepted the Services.
12.2 During the delivery, the Parties will check everything and draw up a work order, which will be signed by the Parties. Any shortcoming noted by the Customer that is not recognized by Voet Verhuur will be stated as such on the work order.
12.3 If Voet Verhuur has communicated that the Service is ready for delivery and the Customer does not communicate whether or not they accept the Service within five working days thereafter, the Service shall be considered delivered. 12.4 If the Customer rejects the Service, they must do so in writing, specifying the defects because of which they are rejecting the Service. If the Customer starts making use of the Service, the Service shall be deemed delivered.
12.5 After delivery, the Service is at the risk of the Customer and Voet Verhuur is released from liability for defects that the Customer should have reasonably discovered at the time of delivery.
12.6 The Customer is obliged to examine the Product immediately upon delivery. Any complaints relating to visible or easily verifiable imperfections or shortcomings must be specified by the Customer at the time of delivery of the Product, on the consignment note, packing slip or driver's list to be signed upon receipt.
12.7 Any non-visible complaints must be reported in writing to Voet Verhuur immediately after discovery, but in any event no later than eight days after their discovery, or eight days after these complaints could reasonably have been discovered.
12.8 Complaints about invoices must be reported in writing to Voet Verhuur by the Customer within five days of the invoice date.
12.9 The Customer must prove that the Product does not comply with the Agreement.
12.10 The written complaint must be as detailed as possible, so that Voet Verhuur is able to respond adequately and investigate if necessary. The Customer must permit Voet Verhuur a reasonable amount of time and allow it the opportunity to investigate the complaint.
12.11 If the Customer - being a legal entity or a natural person acting in the exercise of a profession or business - makes a complaint, this shall not suspend their payment obligation, even if the complaint is made in timely manner. In this event, the Customer shall also remain obliged to take delivery of and pay for the remaining Product ordered and/or the Service.
12.12 If it is established that a complaint is well-founded and has been made in a timely manner, Voet Verhuur will, at its discretion, replace or repair the Product and/or Service within a reasonable period of time after receiving the return - unless return is not reasonably possible - or pay replacement compensation to the Customer. Voet Verhuur is under no such obligation if repair or replacement is impossible or cannot be required of it.
12.13 If it is established that a complaint is unfounded, Voet Verhuur can demand compensation for the costs it has had to incur as a result of this complaint or that have arisen as a result.
12.14 No complaint shall ever be founded in the event of wear and tear, non-professional or careless use and/or connection, maintenance and/or repair work, adaptation or relocation without the permission of Voet Verhuur and/or actions that are contrary to instructions and safety standards laid down by the authorities or otherwise.
12.15 Any action under this Article shall be forfeited if the Customer fails to comply or fails to comply fully with the provisions of this Article, whereupon the Customer shall be deemed to have accepted the Product as sound in all respects.

Article 13 Liability
13.1 Voet Verhuur is liable only for direct damage. Direct damage means: - the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of the Agreement and General Terms and Conditions; - the reasonable costs incurred to have the defective performance by Voet Verhuur comply with the Agreement, insofar as they can be attributed to Voet Verhuur; - the reasonable costs incurred to prevent or limit damage, to the extent that the Customer demonstrates that these costs have had the effect of limiting direct damage as referred to in the Agreement.
13.2 Voet Verhuur will never be liable for indirect damage, including, but not limited to, consequential damage, lost profit, missed savings and damage due to business interruption.
13.3 Voet Verhuur is never liable for damage of any nature whatsoever caused by the Customer not having connected and/or used the Product in the correct manner.
13.4 Voet Verhuur is not liable for damage of any nature whatsoever caused by Voet Verhuur having acted on the basis of incorrect and/or incomplete data provided by or on behalf of the Customer. Voet Verhuur has no duty to investigate.
13.5 Voet Verhuur is not liable for damage of any nature whatsoever caused by the Customer not having complied with laws and regulations and/or not having followed user and safety instructions provided, or not having used things in the correct manner.
13.6 Voet Verhuur is not liable for damage of any nature whatsoever caused by the Customer having provided unsuitable materials.
13.7 Voet Verhuur is not/is no longer liable for damage of any nature whatsoever once the Customer has processed the goods provided by Voet Verhuur.
13.8 Voet Verhuur is not liable for damage caused by auxiliary persons and/or third parties engaged by Voet Verhuur.
13.9 Should Voet Verhuur be liable for damage, its liability shall be limited to not more than the invoice value of the Product and/or Service to which the liability relates, up to a maximum of € 10,000 per event or series of related events.
13.10 In any case, Voet Verhuur’s liability is always limited to the amount paid out by its insurer where appropriate.
13.11 The limitations of liability stated in this Article do not apply if the damage is due to intent or gross negligence on the part of Voet Verhuur or its executives and/or subordinates.
13.12 Damage must be reported to Voet Verhuur in writing immediately after its discovery, a period of less than 48 hours being considered immediate, but at the latest within eight days after said damage could reasonably have been discovered. Damage not brought to the knowledge of Voet Verhuur in writing within this period will not be eligible for compensation.
13.13 Voet Verhuur's exclusions and limitations of liability as set out in this Article do not affect Voet Verhuur's other exclusions and limitations of liability under the General Terms and Conditions.
13.14 The Customer can only invoke any right to compensation after they have complained in accordance with Article 12 of the General Terms and Conditions and have allowed Voet Verhuur a reasonable period, in writing, within which to comply and Voet Verhuur continues to fail even after that period has expired.

Article 14 Indemnification
14.1 The Customer indemnifies Voet Verhuur against all claims for damages by third parties to the extent that those damages are the result of the Customer's failure to comply, or to properly or fully comply, with these General Terms and Conditions or specific regulations of Voet Verhuur, or the Customer's failure to adequately inform third-party users when using the Product, or the wrongful provision by the Customer of information or data not originating from Voet Verhuur. In such cases, the Customer is obliged to compensate all damages suffered by Voet Verhuur.
14.2 If Voet Verhuur should be sued by third parties, then the Customer is obliged to assist Voet Verhuur both in and out of court and to immediately do all that may be expected of them in that case. If the Customer fails to take adequate measures, Voet Verhuur is entitled to do so itself, without notice of default. All costs and damages incurred on the part of Voet Verhuur and third parties as a result will be entirely at the Customer’s expense and risk.

Article 15 Force majeure
15.1 Voet Verhuur is not obliged to fulfil any obligation under the Agreement if it is permanently or temporarily, fully or partially prevented from doing so due to force majeure.
15.2 Force majeure means all causes that prevent fulfilment or further fulfilment of Voet Verhuur's obligations under the Agreement, whether foreseen or unforeseen and which cannot be attributed to Voet Verhuur. Force majeure includes, but is not limited to: fire, war or threat of war, terrorism or threat of terrorism, strikes, blockades, riots or other disturbances, lack of fuel, lack of energy, transport restrictions, industrial accidents, illness of employees of Voet Verhuur and/or third parties engaged by Voet Verhuur who are involved in the performance of the Agreement, weather conditions, natural disasters, epidemics, pandemics, quarantine measures, restrictions in the granting of permits, non-fulfilment of obligations by suppliers and/or carriers, restrictive government measures, disruptions and third-party failure to fulfil their obligations.
15.3 In the event of force majeure, Voet Verhuur is authorized to suspend the execution of the Agreement for three months, or to dissolve the Agreement immediately, in whole or in part, without any obligation for Voet Verhuur to undo anything or pay compensation.
15.4 If, as a result of the force majeure, the suspension - as referred to in paragraph 3 - lasts longer than three months, the Customer is entitled to give Voet Verhuur the choice to still proceed with the execution of the Agreement or to dissolve the Agreement in whole or in part. If the force majeure only partially prevents the performance of the Agreement, the Customer shall only be entitled to dissolve the Agreement for that part. Dissolution does not create an obligation for Voet Verhuur to undo anything or to pay compensation.
15.5 If, at the time when force majeure occurs, Voet Verhuur has already executed or partially executed the Agreement, Voet Verhuur is entitled to invoice for what has been done. The Customer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 Suspension, termination and dissolution
16.1 In addition to the force majeure situations mentioned in Article 15, Voet Verhuur is authorized to suspend the fulfilment of its obligations under the Agreement if the Customer has failed to fulfil any due and payable obligation to Voet Verhuur, or if Voet Verhuur can reasonably expect that the Customer will fail to fulfil its obligation(s) to Voet Verhuur. In such instances, Voet Verhuur is not obliged to pay any damages to the Customer. If the Customer is a natural person not acting in the exercise of a profession or business, the provisions of this article shall apply mutatis mutandis if and insofar as they relate to the provisions of Book 6, Section 5 Title 5 of the Dutch Civil Code.
16.2 If Voet Verhuur suspends the fulfilment of its obligations, it will retain its claims under the law and/or the Agreement.
16.3 In addition to the cases mentioned in the law, Voet Verhuur is authorized to dissolve the Agreement, in writing, with immediate effect if:
a. a request is made for debt assistance, admission to the Statutory Debt Rescheduling Scheme for Natural Persons, declaration of bankruptcy or dissolution of the Customer or their business enterprise;
b. the decision is taken by the Customer to file for their own bankruptcy or to dissolve the Customer or their business enterprise;
c. a request for the appointment of a receiver or administrator has been made in respect of all or part of the Customer's assets;
d. the Customer has applied for or been granted suspension of payments;
e. by the issue, transfer or transition of shares in the capital of the company to which the Customer has contributed the business, the transfer of voting rights on those shares, or as a result of a merger or demerger, by the taking up of shares or otherwise the control over the activities of the company which the Customer uses is acquired by one or more others, within the meaning of the S.E.R. - Merger Conduct Rules Decree 2000, irrespective of whether those rules of conduct apply to the acquisition in question;
f. an application is made for the seizure of goods or property rights of the Customer or such goods or property rights are actually seized;
g. the Customer is a natural person and dies;
h. the business activities of the Customer are actually discontinued;
i. the Customer acts on their intention to offer arrangements with creditors to avert bankruptcy, suspension of payments, debt assistance or debt restructuring.
16.4 In all cases where the Customer must take into account that they cannot fulfil their obligations to Voet Verhuur, they must inform Voet Verhuur immediately.
16.5 If the Agreement is terminated or dissolved, this shall not release the Customer from their obligations under the Agreement. As far as possible, the Agreement will remain in force as long as the Customer has not fulfilled all their obligations to Voet Verhuur. All claims of Voet Verhuur are immediately due and payable and all property of Voet Verhuur must be immediately returned to Voet Verhuur.

Article 17 Confidentiality
17.1 The Customer undertakes to keep confidential all details of Voet Verhuur that have been obtained directly or indirectly in connection with the conclusion of any Agreement or the execution thereof, and not to disclose them in any manner or use them for their own purposes, except if the Customer has a disclosure obligation on the basis of the law or a court ruling, or if this is necessary for the preservation of their rights in court.
17.2 The Customer undertakes to agree the confidentiality obligation in paragraph 1 with the persons working for or on behalf of the Customer, or third parties engaged by those persons or the Customer.

Article 18 Privacy
18.1 The Personal Data of the Customer provided by the Customer to Voet Verhuur that are necessary in the context of the execution of the Agreement will be processed by Voet Verhuur in a proper and careful manner, in accordance with the applicable legislation and the privacy statement posted on the Voet Verhuur website.
18.2 Personal data will not be provided to third parties, unless this is required on the basis of a court ruling, laws or regulations or for the proper execution of the Agreement, or if Voet Verhuur is requested by the authorities to provide personal data of the Customer.

Article 19 Contract takeover
19.1 The Customer is not permitted to transfer rights and/or obligations under the Agreement to third parties without the prior, written consent of Voet Verhuur.
19.2 Voet Verhuur is authorized to transfer its rights and obligations under the Agreement to a third party, if the Customer is a legal entity or natural person acting in the exercise of a profession or business.

Article 20 Intellectual property rights
20.1 All intellectual property rights with respect to the Product and/or the Service as well as the designs, software, documentation and all other materials that are developed and/or used to prepare or execute the Agreement between Voet Verhuur and the Customer, or that arise from it, belong exclusively to Voet Verhuur or its suppliers. The delivery of the Product and/or the Service does not entail any transfer of intellectual property rights.
20.2 The Customer acquires a non-exclusive and non-transferable right of use.
20.3 The Customer will not disclose, duplicate or make available to a third party the products and results of the Services in any way, in whole or in part, without the prior written consent of Voet Verhuur.
20.4 The right of use expires by operation of law at the end of the Agreement.
20.5 If the Customer infringes on the intellectual property rights mentioned in this article, Voet Verhuur can recover any damages caused by this from the Customer.

Article 21 Limitation period
21.1 Any claim against Voet Verhuur that - in any way whatsoever - is related to or results from the execution of the Agreement will in any event lapse after one year, unless a different term is stated in the General Terms and Conditions or a different term is prescribed by force of law. Limitation periods are to be counted from the day of delivery of the Product and/or Service.

Article 22 Applicable law and competent court
22.1 The Agreement is governed by Dutch law, even if all or part of an obligation is performed abroad or if the Customer is domiciled there.
22.2 The Vienna Sales Convention (CISG) does not apply.
22.3 All disputes between the Parties shall be settled by the competent judge of the District Court of Midden-Nederland, Utrecht venue.


SPECIAL PROVISIONS PART B -

HIRE AND RENTAL

Article 23
23.1 If a rental agreement is concluded between the Parties that relates to the leasing and rental of industrial and other equipment/machines/tools and other equipment with related accessories, the following provisions shall apply to that Agreement.
23.2 In case of conflict with the General Provisions set out above under Part A, the present terms and conditions for leasing and rental of industrial and equipment/machines/tools and other equipment with related accessories shall prevail.

Article 24 Rental period, extension and termination
24.1 The rental period starts the moment the rented goods leave Voet Verhuur's warehouse.
24.2 The minimum rental time is one day.
24.3 The duration of the rental will be specified in the Agreement.
24.4 When calculating rental time, Saturdays, Sundays and public holidays are also included. Part of a day is counted as a whole day.
24.5 The rental ends on the date specified in the Agreement. If the Customer uses the rented goods for longer, Voet Verhuur will charge for this extra rental time. If the Customer has not returned the rented goods on time, this shall not entitle the Customer to an extension.
24.6 If no rental period is stated in the Agreement, the Agreement will end at the time when the Customer has returned the rented goods to Voet Verhuur's warehouse during office hours and Voet Verhuur has taken delivery of the rented goods or when Voet Verhuur has terminated the Agreement in writing with due observance of a one-week notice period.

Article 25 Conditions of use
25.1 The Customer is prohibited from modifying the rented goods without the prior written consent of Voet Verhuur.
25.2 Changes made by the Customer do not form part of the rented goods and must be undone by the Customer before or at the end of the Agreement, unless the Parties agree otherwise in writing.
25.3 Voet Verhuur is under no obligation to maintain or repair or retain any changes made by the Customer.
25.4 If and to the extent that by virtue of any required or obtained permit or exemption or by virtue of any other government regulation, modifications must be made and/or fittings added in or to the rented goods, either immediately or at a later time, such modifications and/or fittings shall be at the Customer’s expense. The Customer will have these modifications made and/or fittings added properly and in accordance with any relevant requirements set or to be set by the government or any other competent body, after prior written permission from Voet Verhuur.
25.5 The Customer is obliged to use the rented goods in such a way that there is no violation of any law, any local ordinance or any other official regulation, and also that there is no danger that any official permit or official exemption will or may be revoked.
25.6 The Customer is obliged to take appropriate measures in good time to prevent damage to, in or by the rented goods due to, but not limited to, frost, precipitation, storm, other weather conditions, short circuit, fire, or leakage. Should any damage as referred to here nonetheless occur, the Customer must inform Voet Verhuur of this immediately after its discovery, but no later than 48 hours after this damage could reasonably have been discovered, and the Customer will be fully liable to Voet Verhuur and to any third parties affected by the damage.
25.7 In addition to what is stated under the General Provisions, the Customer is prohibited, without the prior written consent of Voet Verhuur, from subleasing the rented goods to any third party, in full or in part, or otherwise granting any form of use or shared use of the rented goods, or contributing the rented goods or their rental or use to a company or legal entity.
25.8 The Customer is obliged to protect the rented goods from overloading and damage and must check the compressors and motors, and their oil and coolant levels, daily. If necessary, the oil and/or coolant level should be topped up with the appropriate fluids.
25.9 The Customer is obliged to ensure that the compressor installations and/or motors are set up horizontally and that the rented goods are professionally connected to the correct voltage.
25.10 The Customer is obliged to blow off condensate from the pressure reservoir of the compressor installations on a daily basis.
25.11 The Customer is obliged to use reliable fuels and must ensure that the rented goods are used in good working condition.

Article 26 Condition of the Rented Goods
26.1 The Customer declares that they have received the rented goods in good condition.
26.2 Any defects will be noted on the delivery note at the time the rented goods are made available.

Article 27 Final inspection
27.1 The parties shall conduct a joint final inspection regarding the condition of the rented goods. Such final inspection must take place before or no later than the last working day of the term of the Agreement or the last working day before the day on which the rented goods are to be returned by the Customer, whichever is earlier. The Parties must jointly draw up and sign a final inspection report detailing the findings, including defects and any shortcomings.
27.2 If a joint final inspection is not possible, by reason of scale for example, or if the Customer, after having been given a proper opportunity to do so, does not cooperate with the final inspection or the creation and signing of the final inspection report, or does not cooperate in a timely or proper manner, Voet Verhuur is entitled to carry out the final inspection in the Customer’s absence or to draw up the report itself. Such report shall be binding.
27.3 Voet Verhuur is also unconditionally entitled, if it wishes, to remedy any defects and shortcomings stated in the final inspection report that are for the Customer’s account, or to have them remedied by a third party and at the Customer's expense. In such cases, the Customer is liable to Voet Verhuur for damages, including, but not limited to, damages due to any later usability and/or rentability of the leased property.

Article 28 Condition on delivery
28.1 The Customer undertakes to keep the rented goods in good condition and to return them to Voet Verhuur at the warehouse as soon as the Agreement ends, without the need for notice of default and in their original condition - except, however, for any permissible modifications, to the extent that the Parties have agreed, in writing, that such modifications need not be undone or removed at the end of the Agreement.
28.2 The Customer further undertakes to make the rented goods available to Voet Verhuur at the end of the Agreement in a cleaned state. If this is not done, Voet Verhuur is authorized to charge cleaning costs to the Customer.

Article 29 Defects
29.1 In the Agreement, in addition to the cases mentioned in Articles 12 and 13 of the General Terms and Conditions, the following shall in any event not be regarded as defects to the rented goods, as referred to in Article 7:204 of the Dutch Civil Code:
a. a state or property of the rented goods or any other circumstance not attributable to the Customer which already existed when the Agreement was entered into and, at that time, was reasonably obvious to the Parties upon proper and expert inspection of the rented goods;
b. defects caused by improper use and/or modifications made by the Customer and defects to the rented goods resulting from those modifications and harmful consequences for the rented goods, Voet Verhuur or third parties;
c. any permits and/or exemptions which are not or no longer held or which are or become necessary in connection with the use of the rented goods in accordance with their designated purpose;
d. a circumstance whereby, pursuant to any required or obtained permit and/or exemption or pursuant to any other government regulation, adjustments must be made and/or fittings added to the rented goods, immediately or at a later date, with a view to the use of the rented goods or the nature of their use.
29.2 The aspects or circumstances set out in paragraph 1 do not give the Customer any claims whatsoever against Voet Verhuur. In addition, the Customer is not authorized to dissolve the Agreement on the basis of these aspects or circumstances.

Article 30 Liability of Voet Verhuur
30.1 In addition to the stipulations of Part A, Voet Verhuur is not liable for:
a. the consequences of defects arising after the conclusion of the Agreement;
b. the consequences of the aspects referred to in Article 29(1)(a) to (d), both insofar as Voet Verhuur was not or could not have been expected to be aware those aspects when entering into the Agreement;
c. any damage incurred by the Customer as a result of Voet Verhuur making the rented goods available late to the Customer, as referred to in Article 36, unless said late availability of the rented goods to the Customer is due to intent or gross negligence on the part of Voet Verhuur;
d. damage caused to the person or property of the Customer or third parties who have or have had the rented goods under their control with the permission of Voet Verhuur, unless said damage is a result of intent or gross negligence on the part of Voet Verhuur or a result of defects of which Voet Verhuur was aware, or ought to have been aware, when entering into the Agreement;
e. damage as a result of any defect of the rented goods or as a result of aspects referred to in article 29 paragraph 1(a) to (d), unless said damage is a result of intent or gross negligence on the part of Voet Verhuur or a result of defects of which Voet Verhuur was aware, or ought to have been aware, when entering into the Agreement.

Article 31 Customer's rights
31.1 The Customer is not entitled a reduction in the Rent or to suspend or offset a payment obligation, or to annul or dissolve the Agreement, for example if there is a reduction in the enjoyment of the rent as a result of one or more defects or of one or more aspects referred to in Article 29(1)(a) to (d), unless these are defects or and/or aspects referred to in Article 29(1)(a) to (d) that are a result of intent or gross negligence on the part of Voet Verhuur or defects of which Voet Verhuur was aware, or ought to have been aware, when entering into this Agreement. If the Customer believes they have a claim on Voet Verhuur, they may not invoke any right of retention with respect to the rented goods. Article 32 Customer’s liability 32.1 In addition to what is stated under Part A, the Customer is liable to Voet Verhuur for all damage to the rented goods.
32.2 The Customer is liable for any defects of the rented goods resulting from changes and for harmful consequences for the rented goods, Voet Verhuur or third parties.
32.3 In case of liability, the Customer will have to compensate all damages, but in any case the replacement value. In addition, the agreed rental period must also be paid. Article 33 Risk 33.1 During the rental period, all risk associated with the rented goods, including the risk of theft or misappropriation or loss, shall be borne by the Customer, even if the Customer is not at fault in this respect.

Article 34 Maintenance and repair
34.1 The costs of maintenance, replacement and repairs are for the account of Voet Verhuur, provided these costs are the result of normal use and normal wear and tear, unless the Parties have agreed otherwise. Fuel, oil and coolant costs are borne by the Customer.

Article 35 Miscellaneous provisions
35.1 If the rented goods cannot be made available to the Customer on the day of commencement of the Agreement due to a circumstance attributable to Voet Verhuur, the Customer will not owe Voet Verhuur any Rent, including turnover tax to be calculated on it, until the later day on which the rented goods are made available to them, and the other rights and obligations of the Parties under the Agreement will also be postponed until the later day on which the rented goods are available to the Customer.
35.2 In the event of a situation as referred to in paragraph 1, the rental period agreed in the Agreement shall also be postponed in the sense that the date of commencement of the Agreement becomes the later day on which the rented goods are made available to the Customer. The said rental period will remain unchanged in length and will start running from that later day. Thus, the said rental period will end later than initially agreed. However, the annual review day and first rent review day provided for in Article 4 will remain unchanged.
35.3 The Customer is not entitled to annulment or dissolution of the Agreement on account of the rented goods being made available on a later date, unless their late availability is due to intent or gross negligence on the part of Voet Verhuur and, moreover, the nature or scope of their late availability is such that the Customer cannot reasonably be required to maintain the Agreement.
35.4 In the event that the Customer has provided a bank guarantee, this bank guarantee must be and remain valid, not only for the agreed rental period, but also for the period of any continuation of this Agreement thereafter, as well as for a period of at least three months after the day on which both the Agreement, including any period of continuation, has ended and the rented goods have been surrendered to Voet Verhuur. The bank guarantee will cover both lost rent and damages suffered by Voet Verhuur.

Effective date: 19 July 2023