Article 1: General provisions
1.1 In these general terms and conditions of hire, the following terms, as well as any conjugations thereof, are written with a capital letter and, if and insofar as they are not expressly deviated from, shall have the following meanings:
- Rental terms: the present general rental terms of Rotom.
- Rotom: Rotom and all companies affiliated to the aforementioned companies.
- Other Party: each natural person not acting in the execution of a profession or business (if specified: Other Party A), each natural person acting in the execution of a profession or business and each legal entity or other legal form (if specified: Other Party B) having a contractual relationship with Rotom pursuant to an Agreement entered into with Rotom. In particular, this also includes the person on whose instructions and at whose expense items are rented.
- Agreement(s): the rental agreement(s) entered into between Rotom and the Other Party, to which the Rental Conditions and any additional conditions apply.
- In Writing: by means of a document signed by authorised representatives of Rotom (and/or the Other Party).
- Offer: a non-binding written invitation by Rotom to a potential Other Party to make an Offer.
- Offer: the written or oral assignment, order or reservation given by the Other Party to Rotom.
- Order Confirmation: acceptance in writing of the Offering by Rotom to the Other Party.
- Rental Agreement: the Rotom business written agreement in case of direct rental.
- Information: catalogues, designs, images and drawings, models, samples, descriptions, programmes, technical information and the like, which form part of the Offer.
- Loss value: the new price of the item on the date of damage/disappearance.
Article 2: Applicability
2.1 The Rental Conditions apply to all offers made by Rotom and to all agreements entered into by Rotom, regardless of their name. In particular, the Rental Conditions apply to agreements entered into by Rotom for the rental of movable items to a Other Party.
2.2 If the Other Party refers in its Offer or other correspondence relating to the Agreement to other conditions, their applicability is expressly rejected. Any contrary stipulation in such other conditions does not detract from the foregoing.
2.3 Deviations from and/or additions to the Agreement and/or any provision in the Rental Conditions are only effective if and insofar as they have been expressly agreed in writing, and relate exclusively to the relevant Agreement. If such a deviation or addition is tolerated by Rotom, it will have no precedential effect and the Other Party cannot derive any right from it for any future Agreements.
2.4 The Other Party with whom a contract has been concluded once with application of these Rental Conditions, agrees to the applicability of the Rental Conditions to subsequent Agreements between it and Rotom.
Article 3: Offers
3.1 Quotations are completely non-binding and do not bind Rotom in any way whatsoever, unless the Quotation itself explicitly and unambiguously states the contrary.
3.2 An Offer is valid for one month after its date, after which it expires. Unless a different period is explicitly and unambiguously stipulated in the Offer itself.
3.3 The data supplied by Rotom remains the property of Rotom, may not be multiplied and/or disclosed to third parties without Rotom’s express permission in writing and must be returned to Rotom immediately upon request. Rotom also reserves all rights that may exist by virtue of intellectual and industrial property.
3.4 The data supplied by Rotom is only an example and no rights can be derived from it.
Article 4: Conclusion of the Agreement
4.1 An agreement is only concluded if and to the extent that Rotom has sent an Order Confirmation or concluded a Rental Agreement with the Other Party. The Agreement is deemed to have been concluded at the moment the Order Confirmation is sent by Rotom, or the Rental Agreement is signed by the Other Party or is confirmed in another way.
4.2 The Order Confirmation or the Rental Agreement is considered to reflect the contents of the concluded Agreement fully and correctly. The Other Party is deemed to agree with the content of the Order Confirmation. By signing/confirming the Rental Agreement, the Other Party agrees to the content thereof.
4.3 An Offer made in writing may only be revoked or amended in writing and only if this revocation or this request for amendment has reached Rotom before the Order Confirmation has been sent or Rotom has actually started to execute the Agreement. In any case, an Offer made in writing has become irrevocable if no revocation has been sent within 5 working days (or a period explicitly indicated otherwise) after its date. A verbal Offer is irrevocable.
4.4 Rotom has the right to refuse an Offer without giving reasons.
4.5 In deviation from the provisions of Article 4.1, an Agreement can also be concluded by Rotom starting the actual execution of an Offer after it has received such an offer.
Article 5: Contents of the Agreement
5.1 The contents of the Agreement and the extent of the obligations are exclusively determined by the Confirmation of Order/the Rental Contract and what is stated in the Rental Conditions. If both an Order Confirmation and a Rental Agreement, signed by Rotom or issued by Rotom and signed/not contested by the Other Party, have been sent out with regard to the same Agreement, the content of the Rental Agreement is decisive in case of contradiction. This is the case unless otherwise agreed in writing.
5.2 Any additional agreements, commitments or communications made or made by employees of Rotom, or on behalf of Rotom by other persons acting as agents, are only binding on Rotom if these agreements, commitments or communications have been confirmed in writing by its directors authorised to represent it, or by persons authorised by them.
5.3 Rotom does not accept any liability whatsoever for the correctness or completeness of Data supplied by manufacturers and/or importers.
5.4 Rotom may make minor deviations from the Agreement if and to the extent the Other Party did not specify in writing the essential requirements prior to the formation of the Agreement, and to the extent the performance to be carried out by Rotom is not materially different as a result of the deviations.
5.5 The Other Party has the right to terminate the agreement only if the Other Party can prove that the items differ so much from the Agreement and/or the Information supplied by Rotom, that the Other Party cannot reasonably be obliged to execute the agreement. However, Rotom is in no case obliged to pay any compensation.
5.6 Rotom is entitled to hire (similar) items (possibly including staff) from a third party (third party lessor) for the performance of its obligations under the Agreement.
Article 6: Rental period
6.1 The rental period commences on the date and at the time agreed and, more specifically A. if it has been stipulated that the Other Party will pick up the rented equipment at an agreed location: at the time the equipment is handed over to the Other Party by Rotom; B. if it has been stipulated that Rotom will deliver the rented equipment: at the time Rotom has made the rented equipment available at the agreed location.
6.2 Unless otherwise expressly agreed, the agreed end date is indicative. The rental period actually ends A. if it has been stipulated that the Other Party returns the rented equipment at an agreed location: at the time the equipment is handed over by the Other Party to Rotom. B. if Rotom collects the rented object as stipulated in the agreement: after the Other Party has cancelled the rented object in writing, on the date specified in this cancellation, taking into account the period of time referred to in Article 6.4; C. when a period of time for return has expired, which is set out in writing by Rotom to the Other Party, on the last day of the above-mentioned period at 5 p.m.
6.3 If there are several rented items on the same Agreement, it is also possible to cancel per (number of) items (partial cancellation). The costs of delivery and removal per (additional) journey will be borne by the Other Party. For the remaining items, the lease will continue until the lease period is terminated in one of the ways described in Article 6.2.
6.4 The final collection day must be notified by you 2 days in advance via email@example.com.
6.5 The written notice of cancellation must be sent by e-mail or post to the Rotom branch or department with which the rental agreement has been signed and must contain the following information:
- details of the Other Party
- contract number / client number
- description of the items to be picked up (with item number(s) in case of partial cancellation)
- number of items to be collected
- desired end date
- collection location
- name and telephone number of contact person at pick-up location
- contact point for Rotom driver
6.6 The rental period may be extended by the Other Party in writing or by telephone. A longer rental period can be discussed with Rotom.
Article 7: Delivery and risk
7.1 Although Rotom will observe the specified delivery periods as much as possible, these are only approximations and are not binding on Rotom. Unless otherwise agreed in writing, the indicated delivery term is never to be regarded as a deadline.
7.2 However, the Other Party is entitled to grant Rotom, by registered mail, a reasonable period of time to comply, which shall in any case not be less than two working days, calculated from the date of receipt of the registered document by Rotom.
7.3 The Other Party is entitled to terminate the Agreement only after the deadline (as stipulated in section 7.1 or in section 7.2) has been exceeded. However, Rotom is in no case obliged to pay any compensation.
7.4 Rotom is entitled to deliver in consignments or to delay delivery until the entire order is ready. Consultation with the Other Party will take place in such cases. In case of partial deliveries, Rotom is entitled to immediately invoice the items already delivered.
7.5 The items are deemed to have been delivered and the risk thereof is transferred to the Other Party: a. with delivery ex Rotom’s company: at the moment of actual possession; b. with delivery to another location: at the moment the items are unloaded at the agreed location.
7.6 The delivery of the rented items is scheduled between 08.00 hours and 17.00 hours. Exact times cannot be planned; the delivery will take place in parts of the day agreed in advance. Rotom delivers exclusively on the ground floor.
7.7 The Other Party must ensure that an authorised person is present on the agreed delivery day to accept the rented items. If no one is present at the time of delivery, Rotom has the right to take back the rented items. The Other Party shall still owe the transport costs in that case. Rotom can, after consultation with the Other Party, also deliver the rented items, however, in case of a difference of opinion as to whether or not the delivery has taken place in the agreed number and/or the agreed condition, the burden of proof lies explicitly with the Other Party.
Article 8: Return and risk
8.1 After the end date stated in the written notice of termination, the Other Party will remain responsible for the rented object for a further two working days and will therefore also be liable for damage/missing as described in Article 11. This responsibility ends at 5 p.m. on the aforementioned second working day.
8.2 The provisions of Article 19 apply in full to the above.
8.3 The Other Party must ensure that the items can be picked up by Rotom at the designated location between 8:00 and 17:00 hours every day after the written notice is sent.
8.4 The Other Party must ensure that someone is present during the aforementioned period to return the items. Rotom may take back the goods if no one is present when the goods are picked up. However, should a dispute arise as to whether the rented items have been left behind in good condition or in the correct number by the Other Party, the burden of proof in this respect lies explicitly with the Other Party.
8.5 The goods must be ready sorted, cleaned, ordered and stacked on the ground floor. The packaging that belongs to the rented goods remains with the Other Party for the benefit of quality. If the goods are not made ready for transport, the Other Party will forfeit a fixed penalty of €150.
8.6 Rented items are inspected on Rotom’s premises or on the premises of the third party lessor after their return. The taking along of the items by the Rotom or the third party lessor’s consignment is not considered to be such an inspection. If the Other Party wishes to be present at the inspection, it must indicate this when entering into the agreement, so that an appointment can be made for the time of the inspection (within 24 hours after return). If pollution/contamination or incorrect packaging is found without the Other Party being present, the inspection by Rotom or the third party renter is binding and the costs of this will be passed on to the Other Party.
8.7 If damage to the rented object is found during the aforementioned inspection, the Other Party will be notified as soon as possible. This damage notification will set a term within which the damaged item will be held available for the Other Party for a (counter)expert opinion. After this period, the repair or replacement will be carried out and all costs as meant in article 11.5 (or possibly the excess) will be charged to the Other Party. If the Other Party does not make use of the possibility of a counter assessment, the assessment of the damage by Rotom or the third party rental company is binding.
Article 9: Prices
9.1 The daily prices, as described in the offer/agreement of Rotom, are based on a maximum rental/use of 24 hours;
9.2 Invoicing of the agreed daily price is based on 7 days per week (per calendar day).
9.3 Prices are exclusive of V.A.T., maintenance, transport and any loading and unloading.
9.4 Prices, as described in the documents of Rotom, are based on the circumstances prevailing at the time of issue of the documents.
9.5 Rotom is entitled to increase the agreed prices if the factors on which the prices are based change. The factors referred to include changes in freight rates, import and export duties or other duties and/or taxes at home or abroad, wages, social security charges and exchange rates.
Article 10: Obligations of the Other Party
10.1 The Other Party/its staff, auxiliary persons and/or other persons who operate the rented object on the instructions and/or under the responsibility of the Other Party must be familiar with the user instructions and/or (other) manuals present with or attached to the rented object and act in accordance with them. The Other Party also guarantees that all persons operating the hired item are competent to do so and possess any diplomas, certificates, driving licences, etc. required by law. The foregoing shall apply on penalty of forfeiture of insurance cover and/or cover under the damage waiver scheme as described in Article 19.
10.2 Although the agreed end date of the rental period is indicative, the Other Party will be under an obligation to return the rented object after this period has expired.
10.3 If the rented object is not returned/notified to Rotom at the end of the agreed rental period, or the provisions of Article 11.4 occur, the Other Party is offered the option, after Rotom has detected this, in the way described in Article 6.2 under C, to still return the rented object or to report the theft. The rental period ends in this case as soon as the rented object is returned or reported stolen, or at the time described in Article 6.2 under C, or in Article 11.3. If the Other Party has not returned or reported the rented object after the expiry of the stipulated period, it will be in default. In addition to the rental fee, the Other Party shall in such case also owe Rotom the Market Value of the unreturned item(s).
10.4 The Other Party shall return the rented object(s) to the same branch of Rotom as where the Agreement was made. If the Other Party wishes to return the rented object at another branch, this is only possible in consultation, and possibly against payment of a fee.
10.5 The Other Party must return the rented object on the agreed date (and time) to Rotom in the same condition as it was received at the start of the rental period. The Other Party must return the items cleaned and sorted in the same way as it received them. Extra working hours as a result of not/inadequately sorted or cleaned will be charged.
10.6 The Other Party undertakes to pay all charges, taxes (including road tax) and fines arising from the use of the rented object by it or third parties.
10.7 If applicable, the Other Party must ensure, at its own expense, that it has the necessary permits and approvals in good time before the delivery of the rented object.
10.8 The Other Party undertakes to give Rotom access to the rented object at all times, to reject third party claims on the rented object and to indemnify Rotom against these claims. Subletting and making available to third parties is only permitted with the explicit permission of Rotom in writing, on penalty of loss of insurance cover and/or cover under the buyout arrangements as described in Article 19, in case of damage/loss at the time of the unauthorised subletting/ making available.
10.9 The Other Party is obliged to take preventive measures to avoid theft, such as, but not limited to: using (correctly) locks (possibly supplied), locking, storing, placing out of sight of third parties, chaining, etc., the rented object.
Article 11: Damage and loss
11.1 Damage to the rented object, caused during the period in which the Other Party is responsible for the rented object, must be reported to Rotom immediately after its discovery, but at the latest within 48 hours of its occurrence.
11.2 In case of theft or loss of the rented object, the Other Party must report this to Rotom within 24 hours of discovery and report the theft to a police station. The Other Party is also obliged to submit a (copy of the) police report to Rotom.
11.3 In deviation of the provisions of Article 6.2, the end date of the rental period is, insofar as it concerns the stolen item(s), the date on which the item(s) is (are suspected to be) stolen, as recorded in the police report. For any other items on the same agreement, the lease will continue until the lease period is terminated in one of the ways described in Article 6.2.
11.4 If the Other Party fails to make a report and/or to submit a police report to Rotom, the theft is regarded as an embezzlement for which the fire and theft regulation in Article 19 does not provide cover.
11.5 In case of theft or (economic) total loss of the rented object, the Other Party is obliged to compensate the damage to Rotom at the replacement value. In case repair is still possible, the Other Party is obliged to pay the repair costs involved. The same applies to damage to/the theft of parts and/or accessories of the rented object. In addition, the Other Party remains liable for all other damage suffered by Rotom as a result (such as, but not limited to: assessment costs, loss of turnover and/or profit, etc.).
11.6 The Other Party shall owe the rental fee up to the delivery date for missing items, for which Rotom has already charged the Other Party the replacement value, but which are found and returned later by the Other Party. This is deducted by Rotom from the compensation of the replacement value to be returned to the Other Party.
11.7 The assessment made by or on behalf of Rotom for the purpose of assessing damage, repair and/or cleaning costs to the rented object is directly at the expense of the Other Party. The Other Party agrees in advance that an assessment may be carried out at the Other Party’s expense by an approved assessment agency designated by Rotom, if Rotom deems this desirable; in other cases, an assessment will be carried out by Rotom.
11.8 The Other Party is held liable, irrespective of whether it is to blame for the damage, loss, theft or rendering useless or valueless of the rented object.
Article 12: Transport
12.1 The Other Party bears the risk of loss of or damage to the rented object during the entire rental period, thus also during transport carried out by itself. The Other Party is obliged to pack and load the rented goods in accordance with the nature of the goods and the method of transport. This also applies to the Other Party, who receives the items in containers from Rotom, but is responsible for unloading and reloading. The items must be loaded carefully in such a way that no damage can occur during transport due to the load shifting or falling over.
12.2 If, at the request of the Other Party B, the services of employees of Rotom are used for loading/unloading, coupling or uncoupling, this is done entirely at the risk of the Other Party.
12.3 Unless otherwise agreed in writing, if it has been agreed that Rotom will deliver and/or collect the items from the Other Party, the Other Party must assist in loading/unloading the items at the agreed location. If the Other Party does not provide the necessary assistance in loading and/or unloading the items, the costs incurred are at the Other Party’s expense.
12.4 Loading and unloading can only take place on paved surfaces and a forklift truck must be present. The drivers will wait no longer than 2 hours and this waiting time will be charged.
Article 13: Liability of Rotom
13.1 Rotom’s liability is expressly limited to direct material damage and personal injury to the property and persons of the Other Party, caused by a demonstrable Defect in the rented object or by intent or gross negligence of Rotom. Rotom’s liability is also limited to the amount paid out under its liability insurance policy in the case in question. Liability for other (consequential) damage and financial loss, however named, including rental/purchase of a replacement item, loss of turnover and/or profit, damage caused by delay and loss caused by standstill, is expressly excluded.
13.2 Rotom’s liability may never exceed the Order amount (with a maximum of the amount of one instalment invoice (= lease term of 4 weeks) in case of long-term leases), unless and to the extent that a higher amount is paid out under its insurance policy in that specific case.
13.3 The counterparty B shall indemnify Rotom against claims from third parties based on damage with, by or in connection with the rented object.
13.4 Any liability lapses one year from the date of damage.
Article 14: Advertising
14.1 At the time of taking delivery, the Other Party will inspect the rented object for externally visible Defects and will sign the delivery note offered for proper receipt. The Other Party will mention any Defects on the document concerned. The goods are deemed to have been delivered in good condition and in accordance with the Agreement, if and insofar as the aforementioned documents do not state otherwise.
14.2 Complaints by the Other Party relating to externally visible Defects in the goods, which are discovered during the inspection referred to in paragraph 1, must be reported in writing to Rotom by the Other Party within 24 hours after delivery.
14.3 Defects which were not discovered at the time of the aforesaid inspection and which should not have been discovered during the inspection, must be notified by the Other Party to Rotom in the same way as stipulated in paragraph 2, within 48 hours after their discovery.
14.4 In case of damage, as referred to in article 13.1, the Other Party must notify Rotom within 48 hours of the damage occurring in the same way as stipulated in 14.2. This notification of damage shall also indicate the probable amount of the damage and offer Rotom the opportunity to have a (counter/ contradictory) assessment carried out within a reasonable period of time. The reasonable period is at least 2 weeks, counting from the date of receipt of the damage notification by Rotom.
14.5 Any right of claim of the Other Party against Rotom, related to damage as referred to in Article 13.1, lapses if:
a. the damage and/or the Defects have not been notified to Rotom within the time limits set in paragraphs 2, 3 and 4 and/or in the way indicated therein;
b. the Other Party does not/inadequately co-operate with Rotom with respect to an investigation into the merits of the complaints;
c. the Other Party has not set up, handled, used, kept or maintained the items in the correct way or if it has used or handled the items under conditions unsuitable for the items;
d. the Other Party has carried out repairs and/or changes to the goods without the explicit prior written consent of Rotom;
e. the item is put into use after the discovery of the Defects as referred to in paragraph 2 or if the use of the item is continued after the discovery as referred to in paragraph 3.
f. Rotom has not been offered the possibility of a (counter)expert opinion, as referred to in paragraph 4.
Article 15: Reservation and cancellation
15.1 It is possible to make reservations with Rotom for items intended for rental. At the conclusion of the Agreement, the time and period to which the reservation relates and by which the items must be available for the Other Party is determined in mutual consultation and laid down in the Agreement. If the Other Party does not take possession of the reserved items at the agreed time and for the agreed period, the Other Party is nevertheless obliged to pay the full rent.
15.2 Without prejudice to the foregoing, the Other Party may cancel the reservation in writing prior to the time at which the rented object is made available. However, the Other Party shall then owe the following compensation:
60% of the net Order amount, if the cancellation takes place between the 59th and 30th day before the time the items are made available to the Other Party;
70% of the net order amount if the cancellation takes place between the 29th and 10th day before the aforementioned time;
80% of the net order amount if the cancellation takes place after the 10th day prior to the aforementioned time.
Article 16: Payment
16.1 Invoices are issued on a monthly basis. Invoices must be paid within 30 days of the invoice date. Deviating payment arrangements are only valid if they have been agreed in writing.
16.2 Invoicing is based on the number of calendar days. The lease commences on the day of delivery of the material and ends on the day the material is returned.
16.3 Rotom charges a one-off handling / service fee per main item.
16.4 All rental prices are ex-depot, excluding transport.
16.5 Transport costs are charged with the first monthly invoice for free delivery. Transport costs related to the collection of the material are calculated with the monthly invoice in the month of collection.
16.6 Unless otherwise agreed in writing or stated on the invoice, the Order amount must be paid within 30 days of the invoice date, without any right to discount or settlement. The period for objecting to an invoice expires 10 days after the invoice date. Without the written consent of Rotom, the Other Party is not entitled to set off or suspend the fulfilment of its payment obligation.
16.7 All payments must be made at the offices of Rotom or into an account designated by it.
16.8 If the Other Party does not pay within the set period, it is in default without a notice of default being required. The Other Party will then forfeit, from the due date until the day of payment in full, an interest equal to the legal interest plus 10% per year, calculated over the unpaid amount. This interest shall be immediately due and payable without further notice of default. All costs related to the collection of invoiced amounts (including extrajudicial collection costs) shall be borne by the Other Party. The extrajudicial collection costs are at least 15% of the principal amount, with a minimum of € 340, all exclusive of turnover tax. The same applies if collection by Rotom fails due to an insufficient balance, or any other impediment on the part of the Other Party or at the risk of the latter.
16.9 Payment first goes to reduce the collection costs, then the interest owed and finally the principal amount. If the Other Party leaves several invoices unpaid, a payment, with due observance of the provisions of the previous sentence, shall first be applied to the oldest invoice, then to the second oldest invoice, and so on.
16.10 If the Other Party does not comply, does not comply punctually or does not comply properly with its obligations under the Agreement, Rotom has the right, insofar as possible cumulatively, to/to: a. suspend the execution of that Agreement and/or any directly related Agreements, until payment has been adequately secured; b. terminate all or part of that agreement and any related agreements (out of court), without Rotom being obliged to pay any compensation; c. compensate the damage suffered by Rotom.
16.11 In case of a (provisional) moratorium, bankruptcy, cessation of operations, liquidation or placement under guardianship of the Other Party, all Agreements with the Other Party shall be annulled, unless Rotom notifies the Other Party within a reasonable time that it requires performance of (part of) the relevant Agreement(s). In such case Rotom is entitled, without notice of default, to suspend execution of the relevant Agreement(s) until payment has been adequately secured, without prejudice to Rotom’s other rights.
16.12 In each of the cases referred to in sections 10 and 11, all amounts owed to Rotom by the Other Party are due immediately and in full, the Customer is obliged to return the rented items immediately and Rotom has the right to access and enter the property and buildings of the Other Party in order to take possession of the items in question. All costs incurred and damage suffered by Rotom as a result are at the Other Party’s expense.
Article 17: Non-imputable shortcoming
17.1 If Rotom cannot comply with an obligation towards the Other Party due to force majeure, the performance is suspended for the duration of the force majeure situation, with a maximum of two months. After these two months, both parties have the right to terminate the agreement in writing, in whole or in part.
17.2 Rotom is not obliged to pay any compensation to the Other Party if it is unable to execute its obligations properly or in time due to force majeure.
17.3 Force majeure is defined as: any circumstance beyond Rotom’s control of such a nature that Rotom cannot reasonably be expected to comply with the Agreement.
Article 18: Retention of title and security
18.1 The rented items remain the property of Rotom at all times, regardless of the duration of the Agreement. If the Other Party deliberately appropriates the rented items, this constitutes misappropriation. The failure to return the rented object on time does not extend the agreement, although the risk remains with the Other Party.
18.2 The Other Party is not entitled to alienate, pledge or otherwise encumber the rented items for the benefit of third parties, without the written permission of Rotom.
18.3 The Other Party shall immediately notify Rotom in writing if the item is seized or any part of the item is otherwise claimed. If the Other Party becomes aware of a possible seizure of the property, it shall notify Rotom. The Other Party shall also inform Rotom on its first request where the item concerned is located.
18.4 The Other Party shall immediately inform the bailiff, administrator or receiver of the (ownership) rights of Rotom in case of attachment of all or part of the rented object, (provisional) suspension of payments or bankruptcy of the Other Party.
18.5 If there is good reason that the Other Party will not punctually comply with its obligations, the Other Party is obliged at the first request of Rotom to immediately provide adequate security in the form desired by Rotom and, if necessary, to supplement this by complying with all its obligations. As long as the Other Party has not complied with this requirement, Rotom is entitled to suspend the performance of its obligations.
18.6 If the Other Party does not comply with the request referred to in Clause 5 within 8 days of a written warning to that effect, Clause 16.12 will apply accordingly.
18.7 Unless otherwise agreed in writing, the Other Party shall owe a deposit for each Agreement. The deposit is determined in proportion to the rental period stated and the value of the rented object. If the Other Party wishes to extend the Agreement, it must pay a new deposit no later than on the day on which the extension commences.
18.8 Rotom may unilaterally terminate the Agreement if the Other Party fails to pay a deposit in time, without prejudice to Rotom’s right to compensation.
18.9 The deposit may not be considered by the Other Party as an advance payment on the rent owed or as a buy-off of any risk of damage, theft or misappropriation of the rented object. However, at the end of the agreement Rotom has the right to compensate the amounts owed by the Other Party with the deposit. The deposit will be returned if it has been established that the Other Party has fulfilled all its obligations.
18.10 The rental of the equipment may only be transferred from the Other Party (Other Party A) to another tenant (Other Party B) if the latter has signed the general terms and conditions of rental. In case of an illegal transfer of goods, Rotom reserves the right to recover the transferred goods. The resulting costs shall be borne by the Other Party. The rent will be charged up to and including the day of return of the materials.
Article 19: Insurance and surrender arrangements
19.1 In accordance with Article 11, the Other Party is liable for all damage to and disappearance of the rented object occurring during the rental period, regardless of whether it is at fault. The Other Party is obliged to take preventive measures to avoid the theft of the rented object, in view of the fact that it has an obligation to return the rented object, which is not cancelled, not even by coincidence or the intervention of a third party.
19.2 The Other Party can largely buy off the aforementioned risk by means of the arrangements below. It is not possible to take out (one of) both schemes for all items. For rented items for which (one of) these schemes is possible, it is compulsory in principle to take out the surrender scheme(s). Any (framework) agreement may contain different arrangements in this respect. Nevertheless, the content of the individual Agreement concerned will partly determine whether (one of) both regulations are applicable.
19.3 If the Other Party wishes to take out its own insurance for the rented object, Rotom is expressly entitled to require the Other Party to include Rotom as the party liable to pay, i.e. to submit a confirmation of cover. Any excess is for the account of the Other Party.
19.4 If there is an admission arrangement in the CAR insurance of the Other Party, the Other Party declares in advance that Rotom as (co-)insured can and may derive rights from the CAR insurance. Any excess is for the account of the Other Party.
Article 20: Final provisions; applicable law and choice of forum
20.1 The nullity or annullability of any provision of these Rental Conditions or of Agreements does not affect the validity of the other provisions. Rotom and the Other Party are obliged to replace the provisions that are null and void or annulled by valid provisions with as much as possible the same purport as the null and void or annulled provision.
20.2 All disputes arising as a result of, or arising from, an Agreement entered into with Rotom shall, at Rotom’s discretion, be submitted to the competent court in the district of Den Bosch (in case of subdistrict cases the subdistrict court in Eindhoven) or the court in Utrecht, with exclusive application of Belgian law.
20.3 Rotom reserves the right to summon the Other Party in the district where it has its registered office or place of business.
20.4 Contrary to the above, disputes with the Other Party shall be brought before the court that is competent to hear the dispute according to common law.
20.5 In the event of disagreement about the interpretation of the Rental Conditions, the text will be binding