ARTICLE 1 - General.
1.1. These general rental terms and conditions (hereinafter referred to as the "Rental Conditions") apply to all rental of equipment (hereinafter referred to as the "Equipment"), as indicated in the rental agreement, which is provided by Bergerat RENT NV (with registered office at 8870 Izegem, Ambachtenstraat 15, BCE 0416.951.431) or BERGERAT MONNOYEUR SA (with registered office at 3090 Overijse, Brusselsesteenweg 340, BCE 0419.725.928) (hereinafter referred to as the "Lessor") leases to the Lessee (hereinafter referred to as the "Lessee").
These Rental Conditions are annexed to the rental agreement (hereinafter referred to as the "Rental Agreement") as agreed between the parties and form an integral part thereof.
The signing of the Rental Agreement constitutes the confirmation and explicit acceptance by the Lessee of these Rental Conditions.
Under no circumstances shall the Lessee have the right to derogate from these Rental Terms without the prior written consent of the Lessor, any derogation being set out in writing in the Rental Agreement or in the form of an addendum to the current Rental Agreement.
1.2. The Lessee undertakes to pay the rent at the agreed price and on the dates set, to use the Equipment responsibly and in accordance with the provisions of the Rental Agreement.
ARTICLE 2 - Beginning of the rent and receipt of the Equipment.
2.1. The Rental Agreement begins upon delivery of the Equipment to the Lessee, as indicated in the Rental Agreement.
2.2. The Lessee is responsible for all costs and risks associated with the transportation and delivery of the Equipment. Any damage caused during the transport and delivery of the Equipment is the responsibility of the Lessee, and the Lessee is responsible for any action against the carrier after having fully compensated the Lessor.
2.3. The Equipment shall be delivered to the Lessee in good working order, ready for immediate use, with the fuel tank of the Equipment full. The Lessor records the hour index of the Equipment counter at the time of delivery of the Equipment.
Upon delivery of the Equipment, the Lessee shall immediately inspect the Equipment.
Any defect in the Equipment as well as any non-conformity must be reported by the Lessee to the Lessor at the following address: rental@bmbe.be within 24 hours of receipt of the Equipment, under penalty of inadmissibility of the request.
In the event that the Equipment is used as a lifting device, the Lessee must have the machine approved as a lifting device. The approval is made at the expense of the Lessee, in accordance with the applicable regulations.
ARTICLE 3 - Deposit and payment of rent.
3.1. At the latest upon receipt of the rented Equipment, the Lessee shall provide the Lessor with proof of payment of the rental deposit as indicated in the Rental Agreement (hereinafter the "Rental Deposit").
Unless otherwise specified, the Rental Deposit amounts to one (1) month's rent.
In the absence of the Rental Deposit, as provided for in this article, the Lessor reserves its right to suspend the delivery of the Equipment.
The Rental Deposit will be returned to the Lessee after the agreed rental period, provided that the Lessee has complied with its contractual obligations and provided that the leased Equipment has been returned to the Lessor in good working order and without any damage.
The Lessor shall deduct from the amount of the Rental Deposit all costs or indemnities resulting from the non-performance by the Lessee of its contractual obligations and/or any damage to the Equipment.
3.2. The rent agreed in the Rental Agreement (hereinafter referred to as the "Rent") is payable in monthly instalments from the beginning of the planned rental period.
In case of bad weather, the Rent remains due.
Invoices are payable in cash by direct debit upon receipt.
In the event of late payment, late payment interest at the rate of 15% (per annum) is due, by operation of law and without prior notice, from the due date of the invoice, as well as a fixed penalty of 20% on the amount remaining unpaid on the invoice.
3.3. The Lessee undertakes to communicate to the Lessor at the end of the month or week, depending on what has been agreed in the Rental Agreement, the position of the hourly meter of the Equipment.
3.4. The Rent will be indexed annually, on the anniversary date of the Rental Agreement, according to the legal formula taking into account the health index. As a starting index, the index of the first month of rental will be taken into consideration.
3.5. The Parties explicitly agree that if the cost of financing the purchase of the Equipment has increased significantly or if the manufacturer has increased the purchase price of the Equipment between the signing of the Rental Agreement and the date of delivery of the Equipment, the Lessor has the right to pass on to the Lessee any increase in the Rent to be paid by the Lessee. If the Lessee does not wish to accept the new price, the Lessee must notify the Lessee within 5 days of receipt of the new price offer, in which case the Lessor will have 5 days to terminate the existing offer or contract with immediate effect and without the right to compensation on the part of the Lessee.
ARTICLE 4 - Maintenance of the rented Equipment.
4.1. The Lessee is obliged to carry out daily maintenance of the rented Equipment and to keep the Equipment in good working order.
4.2. However, in the event of a defect in the rented Equipment, which manifests itself during the rental period, the Lessee shall immediately notify the Lessor by contacting it at the rental@bmbe.be address, and it is the Lessor who shall ensure that the necessary repairs are carried out on the Equipment. The Lessee shall cease to use the Equipment until it has been repaired by the Lessor. The Lessor is exclusively authorized to repair the Equipment. The Lessee may not, under any circumstances, repair the Equipment itself or have it repaired on its own initiative without the prior written consent of the Lessor.
In the event that the Lessee repairs the Equipment himself or has the Equipment repaired without the prior written consent of the Lessor in writing, the repair of the Equipment in accordance with the state of the art will be at the charge of the Lessee and the Lessor, at his sole discretion and without any right of opposition from the Lessee, has the right of imposing the purchase of the Equipment at the price of new Equipment by the Lessee. The same right exists if the Lessor becomes aware after the end of the Rental Agreement of a repair on the Equipment without his agreement.
Necessary repairs or premature wear and tear as a result of negligence on the part of the Lessee or as a result of abnormal or improper use of the Equipment shall be borne by the Lessee and shall be invoiced at the usual commercial rate, plus travel expenses.
4.3. Under no circumstances may the Lessee claim a reduction in the Rent or refuse to pay it in the event of a defect in the rented Equipment.
4.4. The Lessor is entitled at all times to inspect the rented Equipment and the Lessee shall ensure access to the Equipment at all times for this purpose.
4.5. The periodic maintenance of the Equipment is the responsibility of the Lessor or Lessee as specified in the Rental Agreement.
To this end, the Lessee is obliged to inform the Lessor in particular of the situation of the hour meter, as determined in the special conditions, and, if applicable, to purchase Caterpillar spare parts from the Lessor. Under no circumstances will the Lessor be involved in any costs resulting from the shutdown of the Equipment due to breakdown or other incidents.
ARTICLE 5 - End of the rent
5.1. Unless otherwise specified, the Lessee shall, at the end of the rent, return the Equipment intact, in good working order, with the fuel tank of the Equipment being full, to the Lessor's registered office or other agreed location. Transport is carried out at the expense and risk of the Lessee. Any damage caused during the transport of the Equipment to the Lessor's site is at the charge and under the responsibility of the Lessee, and it is also the responsibility of the Lessee to eventually turn against the Carrier after having fully compensated the Lessor.
5.2. If the Equipment is not returned by the Lessee within the stipulated period, compensation equal to the agreed rent plus 20% payable daily is due for each day of delay, plus any other costs.
5.3. If, at the time of the return of the Equipment, it appears that the Lessee has not fulfilled its maintenance obligation stipulated in Article 4 of these Rental Conditions, compensation will be calculated, as determined in Article 5.2. above, for the period necessary to remedy the consequences of the lack of maintenance. Defects found upon return of the Equipment will be communicated to the Lessee. In the absence of a reaction within 5 days, the Lessee is presumed to accept the existence of the defects noted.
In the event of disagreement between the parties concerning the repairs to be carried out, an expert will be appointed, at the request of the most diligent party, by the President of the Dutch-speaking Commercial Court of Brussels. The Lessee undertakes to pay the costs and fees of the expert pending a decision on the merits concerning the costs of the proceedings.
5.4. The Equipment must be returned with all its parts, keys and accessories, together with its papers. In the event of a defect, the Lessee shall be liable for payment of the replacement costs as well as compensation for the period of non-availability of the Equipment for rental.
ARTICLE 6 - Ownership
6.1. The rented Equipment is the property of the Lessor. The Lessee is obliged to safeguard the Material against all claims by third parties.
ARTICLE 7 - Special obligations of the Lessee
7.1. The Lessee may neither sublet nor assign the rights resulting from this contract, nor make the Material available to third parties or incompetent persons.
The Equipment may not leave the territory of Belgium and the Grand Duchy of Luxembourg without the explicit prior agreement of the Lessor as set out in the Rental Agreement.
7.2. If a third party, as a result of a precautionary seizure or in any other way, asserts rights over the Equipment, the Lessee is obliged to inform the Lessor immediately and in writing.
7.3 In the event of the use of the Equipment in a severe application (chemical environment, concrete batching plant, steel plant, steel industry, etc.), the Lessee must inform the Lessor in writing before using the Equipment in this severe application. If necessary, an upward revision of the Rent is possible.
ARTICLE 8 – Force majeure.
8.1. In the event of force majeure, the Lessor is relieved of all liability and may either reduce its commitments, terminate the contract or suspend it, without being liable for any compensation.
8.2. The following are considered to be cases of force majeure, without limitation: war, strike, lock-out, acts of terrorism, requisitions, machinery breakdown, fire, floods, industrial accidents, dismissal of important components during production, transport delays or interruptions, difficulties in the supply of raw materials, materials and energy, restrictions or prescriptions imposed by the authorities or any other cause resulting in total or partial unemployment for the Licensor, its employees or suppliers.
ARTICLE 9 - End of the Rental Agreement.
9.1. The Lessor has the right to terminate the Rental Agreement automatically and without having to observe a notice period and without being liable for damages, in the event of the Lessee's breach of its contractual obligations, in particular in the following cases:
a. When invoices from the Lessor are not paid immediately when due by the Lessee;
b. When the Lessee, without the express prior authorization of the Lessor, uses the Equipment or part thereof for a purpose other than that provided for in the contract;
c. Where the Lessee breaches the obligations set out in Article 4 or any other;
d. In the event of bankruptcy, dissolution or judicial reorganization of the Lessee.
In the event of termination of the Rental Agreement on the basis of Article 9.1, the Rents due shall immediately become payable in full as a termination indemnity.
9.2. In the event of non-payment of the Rent on time, the Lessor has the right to take back the rented Equipment at the Lessee's expense and to terminate the Rental Agreement without prior judicial authorisation, regardless of the costs of the proceedings.
In this case, the Lessee remains liable to pay the Rents due for the agreed rental period.
ARTICLE 10 - Loss and insurance of Equipment.
10.1. The Lessee is liable for all damage caused to the Equipment during the term of the Rental Agreement.
10.2. When the Lessee, for whatever reason, is unable to comply with its obligation to return the Equipment, including (but not limited to) in the event of loss or destruction of the Equipment, even if this reason is beyond its control or if it resulted from a case of force majeure, the Lessee shall be obliged to reimburse the full value of the Equipment, regardless of the payment of the compensation provided for in Article 5.2. which will be calculated until the Equipment is fully refunded.
10.3. The Lessee is obliged to insure the Equipment with a machine breakdown cover which covers the entire risk (of the rental) of the Equipment, covering among other things theft, fire, explosion, storm, etc.
10.4. The Lessee has the option of taking out machine breakdown insurance with the Lessor for an amount of 8% of the invoiced rental amount (excluding transport, repairs, fuel and cleaning). The Equipment is then insured by the Lessor, at the expense of the Lessee, by a policy in the event of machine breakdown extended to the following perils: theft, fire, explosion, storm, etc. The general terms and conditions of the machinery breakdown insurance are available to the Lessee on request.
Any risk for which the Lessee is responsible and which is not covered by the insurance will remain the responsibility of the Lessee, as well as the deductible provided by the insurer which is € 5,000 (at index 159.80) per claim.
For cosmetic damage, a deductible of € 20,000 is applicable, which remains the responsibility of the Lessee.
10.5. The Lessee shall release the Lessor from any liability for any damage that may be caused to the Lessee itself or to members of its staff or to third parties as a result of the Equipment rented or in connection with its services. He undertakes to have this clause accepted by his various insurers and to obtain a waiver of recourse for all damages for which they are bound. The insurance conditions are only valid on Belgian territory and that of the Grand Duchy of Luxembourg, the Netherlands, Germany and France (mainland).
ARTICLE 11. Use of Technical Data.
11.1. The Lessee authorises the Lessor and all entities involved in the provision of services on behalf of the Lessee (including companies belonging to the Caterpillar group) to collect (automatically and/or remotely through Vision Link or otherwise) and use technical and geolocation data relating to the Equipment. The Lessor may use the technical data relating to its Equipment for delivery purposes, in order to optimise its services and to analyse the quality of the services provided and the operation of the machines. The Lessee agrees that this data may be transmitted outside the European Union (e.g. to the USA). If the Lessee does not wish this technical data to be collected, he must expressly mention this to the Lessor.
11.2. The intellectual property of the documents, concepts, drawings and all other possible technical data in any form that are transmitted within the framework of the contract by the Lessor to the Lessee shall at all times remain with the Lessee and shall therefore not be assigned to the Lessee, unless a clause to the contrary is expressly agreed in a contract drawn up specifically for this purpose. The Lessee therefore has no ownership rights over this data and is prohibited from processing, modifying, marketing or adapting this data in any way whatsoever. In addition, the relevant data of the Lessor must be treated as confidential data and may not be disclosed by the Lessee in any way without the prior written consent of the Lessor in writing.
ARTICLE 12. Protection of personal data.
12.1. The Lessor undertakes to comply with the provisions of the applicable legislation (i.e. the law of 8 December 1992 on the protection of privacy and the processing of personal data, and the regulation on data processing or "GDPR" in force from 25 May 2018). In accordance with the applicable legislation, the Lessor informs the Lessee that the data collected in the context of contractual relations, as well as in the context of the services provided, are subject to the automatic processing of data that is necessary for the processing of its file. The Lessee agrees that his/her data may be transmitted in whole or in part to group companies of the Lessor and/or third parties or subcontractors for the purposes of managing the commercial relationship (provision and/or improvement of the services provided that have been agreed, establishment of a commercial contact), and that this transfer of data is not limited to companies established within the European Union.
Personal data, which may be received in connection with the performance of the Rental Agreement, will be processed as much as necessary for the performance of the Rental Agreement (Art. 6.1.b GDPR).
The Lessee has the right to consult and modify his/her data.
To exercise these rights, the Lessee may contact the Lessor on dpo@monnoyeur.com
The Data Protection Authority is responsible for monitoring compliance with the legal provisions concerning personal data:
The Data Protection Authority
Rue de la Presse 35, 1000 Brussels
+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact@apd-gba.be
12.2. The Lessee also undertakes to comply with the provisions of the aforementioned applicable legislation.
ARTICLE 13 – Liability
13.1 The Lessee shall have control and custody of the rented Equipment from the time the Equipment is made available to the Lessee.
13.2 During the rental period, the Lessee is responsible for all risks that result from the custody and use of the Equipment.
13.3. The Lessor shall not be liable in the following cases: (i) damage resulting from the use of the Equipment in conditions not in accordance with the manufacturer's and/or the Lessor's recommendations, (ii) faulty maintenance or malfunctioning, (iii) incident attributable to the lessee or a third party, (iv) delay in the delivery of the Equipment to the Lessee, and (iv) in the event of force majeure.
13.4. In addition, in view of Article 5.89 of the Civil Code, Bergerat Rent's liability is:
I. limited to proven direct material damage and directly related to a fault on the part of Bergerat Rent, within the limits provided for in Articles 13.5 and 13.6; and
II. excluded in the event of gross negligence (“faute lourde”) on the part of Bergerat Rent.
The conditions of the previous paragraph also apply to all persons for whom Bergerat Rent is responsible.
13.5. In the event of direct material damage, the liability of the Lessor shall be limited per claim to a maximum amount corresponding to the rental price as mentioned in the Rental Agreement. The Lessee indemnifies the Lessor against any action, in particular the actions of third parties, exceeding the aforementioned maximum amount.
13.6. The Lessor may never be held liable for any indirect and/or immaterial damage caused to the Lessee, the Lessee's staff or third parties by the performance of its services, such as but not limited to: loss of earnings, loss of customers, loss of operational profit. The Lessee as well as its insurers waive any recourse against the Lessor in order to obtain compensation for the financial consequences of such damage and guarantee the Lessor and its insurers against any action brought by third parties concerning the aforementioned damage.
ARTICLE 14 – Miscellaneous.
14.1. The Lessee agrees that the Lessor may communicate with the Lessee electronically. The Lessor is entitled to send messages and other communications to the Lessee, in particular by e-mail. The Lessor reserves the right to send messages by other means, such as by post. The Lessee agrees, to the extent permitted by law, not to contest, in the event of a dispute, the acceptability of evidence of an order, notification, communication or message transmitted electronically between the parties.
14.2. If a Member State of the European Union leaves the European Union, or in the event of a change in import or customs duties or the introduction of any other tax, duty, measure or regulation imposed by a national, international or supranational government or by a national, international or supranational body, affecting the price or delivery time of a good or service sold, the Parties agree as follows:
- Any customs fees, taxes, excise duties or other levies that would affect the (total) price of the goods or services sold are the responsibility of the Customer;
- The Lessor cannot be held responsible for delays in delivery;
- The Lessee is not entitled to terminate the following contract by changing the delivery time or the (total) price of the goods or services purchased or rented.
14.3. If the parties to the Rental Agreement proceed with the sale of the (second-hand) Equipment, the general terms and conditions of sale (https://www.bm-cat.com/fr-be/articles/conditions-generales-de-vente) are applicable. A warranty is not applicable on second-hand equipment, unless expressly agreed otherwise.
Article 15 – Exclusions
The parties agree that Article 5.90, paragraph 2 of the Civil Code is expressly excluded from these Rental Conditions.
Article 16 - Applicable law - Competent court
Belgian law applies to relations between parties. The Courts of the Dutch-speaking district of Brussels shall have exclusive jurisdiction with regard to disputes arising from this Rental Agreement.
Version January 2024