GENERAL CONDITIONS HIRING
Unless explicitly agreed upon otherwise in writing, the present terms and conditions are applicable to all quotations and agreements entered into by BTS Tank Solutions n.v., domiciled at Dottenijs, hereinafter called: BTS Tank Solutions n.v. In the event of conflict between the present terms and conditions and the general terms and conditions of the contracting party, the terms and conditions of BTS Tank Solutions n.v. will take precedence.
All offers, made under any form whatsoever, are free of obligation and revocable. Information in printed matter, issued by BTS Tank Solutions n.v., is subject to modifications, without BTS Tank Solutions n.v. being obliged to give prior notice thereof. The prices indicated by BTS Tank Solutions n.v. are exclusive of VAT, exclusive of carriage charges and delivery charges, if any.
All terms mentioned in an offer are directive and not binding upon BTS Tank Solutions n.v.
All offers are at all times revocable before acceptance, even if a deadline is indicated in the offer.
The prices agreed upon are based on the exchange rates and the costs for materials, transport, wages, taxes and duties, import duties and other price-determining factors, valid on the day of the realization of the agreement.
Upon realization of the agreement, BTS Tank Solutions n.v. is entitled to adjust the prices without prior notice, also after the order confirmation or in as far as the latter refers to the offer in regard to the price after the offer has been made, in case there is any increase in the price-determining factors as mentioned in the first paragraph of this article before the delivery/completion, even if this occurs in pursuance of circumstances that whether or not could be anticipated at the realization of the agreement. In case the price agreed upon is increased within a period of three months after the realization of the agreement, the Other Party, in case it is a natural person who does not act pursuant to the exercise of a profession or on behalf of a company, is authorized to dissolve the agreement.
BTS Tank Solutions n.v. will inform the Other Party in detail about this price increase as soon as possible. The payment of the supplement, if any, on the basis of the present article will be effected at the same time as the payment of the principal sum respectively the last instalment thereof.
The stipulations of paragraph 2 also apply if the price modifications mentioned in that paragraph occur with suppliers, as a result of which the latter adjust their prices with regard to BTS Tank Solutions n.v.
Realization of the Agreement, Cancellation
All oral or telephonic agreements are only entered into under the condition precedent of confirmation in writing by the management of BTS Tank Solutions n.v. Complementary engagements, if any, entered into afterwards or modifications made are only valid provided that the management of BTS Tank Solutions n.v. has confirmed these in writing. Arrangements with or statements made by subordinate staff members of BTS Tank Solutions n.v. are not binding upon the latter, in as far as they are not confirmed in writing by the management.
The Other Party is bound by its assignment and will, in the event of modification and/or cancellation of the assignment, be obliged to indemnify the damage arisen, the costs made, the loss of earnings, the loss of interests etc. to the disadvantage of BTS Tank Solutions n.v., irrespective of the reason, inclusive of force majeure, before the modification and/or cancellation, irrespective of the acceptance thereof by BTS Tank Solutions n.v. The alluded loss of earnings is considered to amount to at least the rental price agreed upon, or in default thereof to amount to the rental price that is usually applied by BTS Tank Solutions n.v., calculated on the basis of a rental period of 50% of the duration agreed upon, but will never be less than the rental price for 1 month. BTS Tank Solutions n.v. reserves the right to demonstrate and claim a higher amount.
Terms and Conditions of Rent and Delivery
For the hiring out of tanks and other objects a minimum term of lease of 3 months is applicable. The term of lease starts as soon as the Renter has the disposal of the leased object or, if it concerns an earlier moment, at the moment mentioned in the written hire agreement. The term of lease includes the day on which the leased object comes at the disposal of the Renter as well as the day on which the leased object is again put at the disposal of BTS Tank Solutions n.v.
Both parties have the right to cancel the hire agreement with due regard for a term of notice of 1 month, unless the hire agreement is explicitly entered into for a definite term.
The rental price agreed upon applies per calendar month and per container or tank and shall be increased with the turnover tax and other levies to be imposed by the authorities, if necessary.
The Renter is obliged to manage the leased object with all reasonable and usual care, skill and forethought and to use, to keep, to maintain and to have repaired the leased object in accordance with the nature and the purpose thereof.
The rent-out objects are, as soon as they leave the premises of BTS Tank Solutions n.v., for risk and peril of the Renter. The Renter is liable for all damage that is caused to the leased objects after the said moment, such as amongst other things, but not limited to damage, fire and water damage, theft and embezzlement. The Renter shall subscribe a valid insurance against the aforementioned risk and is obliged, upon first request of BTS Tank Solutions n.v. or its authorized representative, to furnish the proof of the aforementioned insurance agreement, in default whereof BTS Tank Solutions n.v. is entitled to suspend its obligations and not to put the leased object at the disposal of the Renter, without the Renter being able to lay claim to a reduction of the rental price.
The Renter is obliged to inform BTS Tank Solutions n.v. without delay, and in any case within 24 hours, about all damage or loss of the leased object or objects.
BTS Tank Solutions n.v. always is entitled to inspect (have inspected) the leased objects. The Renter is obliged to fully cooperate on that inspection and to give BTS Tank Solutions n.v. access to the premises, buildings and/or ships on which or in which the leased objects are situated.
Upon expiration of the hire agreement, the Renter shall return the leased object in its original state to BTS Tank Solutions n.v. The leased object shall be cleaned well. All costs related to shortcomings of the Renter on the subject of the delivery in perfect and cleaned condition of the tanks come to the expense of the Renter, on the understanding that the damage for the fact that the leased tanks are not in time at the disposal at least amounts to 1.5 times the rental price, calculated on a proportional time basis.
If, upon expiration of the term of lease, the Renter omits to return the leased object to BTS Tank Solutions n.v., the Renter is obliged, upon being summoned to hand over the leased object within 8 days, to pay damages to the amount of € 20,000.00 per tank.
Creditworthiness of the Other Party
All agreements are entered into by BTS Tank Solutions n.v. on the condition that the Other Party appears to be sufficiently creditworthy. BTS Tank Solutions n.v. is entitled to demand from the Other Party that, to the satisfaction of BTS Tank Solutions n.v., it provides sufficient collateral to cover its obligations with regard to BTS Tank Solutions n.v. BTS Tank Solutions n.v. is entitled to suspend the execution of the agreement until the collateral demand is provided.
Payment shall always be effected without discount or set-off. The three first months of rent are invoiced before the delivery and payment shall be made at the very latest at the day of the delivery. The rent for the following months is each time invoiced one week before the start of the next month and shall also be paid before the start of a new additional month. BTS Tank Solutions n.v. nevertheless reserves the right to only deliver to a specific Other Party with due regard for a shorter term of payment. BTS Tank Solutions n.v. is entitled, if it thinks this is desirable, to demand additional collateral from the Other Party covering the payment of the price agreed upon.
In the event of exceeding of the term of payment, the Other Party owes BTS Tank Solutions n.v. a delay interest of 1% per month or a part thereof calculated on the entire invoice amount starting from the expiration date.
All judicial and extrajudicial costs related to the recovery come to the expense of the Other Party. The extrajudicial costs are set at minimum 12% of the sum to be recovered, increased with the VAT, with a minimum of €1,000.00 and become due at the moment that the recovery for collection is given out of hands. Discount for cash or anticipated payment is not granted, unless this has been agreed upon explicitly in writing. In addition to the principal sums for services and deliveries, and the supplementary costs described in the terms and conditions as meant in the present article, BTS Tank Solutions n.v. is entitled to claim from the Other Party all costs that are caused by a shortcoming in the fulfilment of the agreement. In default of payment of a sum due, in the event of suspension of payment, application for moratorium, bankruptcy or liquidation of the Other Party, c.q. the Other Party, or if seizure is made on the movable or immovable property of the Other Party, c.q. the Other Party, BTS Tank Solutions n.v. will be entitled to cancel the agreement or that part thereof that still had to be carried out on that date, without judicial intervention and without being obliged to pay any compensations and it will be entitled to take back the leased objects, without prejudice to the right of BTS Tank Solutions n.v. for compensations because of shortcoming in the fulfilment of the engagement and the right of BTS Tank Solutions n.v. to convert the agreement into an agreement for substitutionable compensations in the event of neglect. In the aforementioned cases all claims that BTS Tank Solutions n.v. has on the Other Party become claimable at once and in all.
Everything to which, payment or else, BTS Tank Solutions n.v. is entitled by virtue of any hire agreement or pursuant to the present terms and conditions, nothing excepted, is due jointly and severally by the Renter, representative or director of the Renter or any other person who obtained the enjoyment of the leased objects, irrespective of the fact whether or not they entered into the hire agreements with BTS Tank Solutions n.v. in their own names, and/or for their own accounts, or for the account of third persons.
Without prejudice to its other rights, BTS Tank Solutions n.v. has, in case it should be hindered by force majeure to execute the agreement or to execute it in time, the right to suspend the execution of the agreement or to dissolve the agreement in all or in part by a written declaration, to the discretion of BTS Tank Solutions n.v., without BTS Tank Solutions n.v. being liable to pay any compensations or the like. This and that leaves intact the obligation of the Other Party to pay for the delivered goods and to reimburse the costs already made. By force majeure it is understood in the present agreement each and every circumstance independent of the will of BTS Tank Solutions n.v., even if it was already foreseeable at the realization of the agreement, as a consequence of which the fulfilment and/or the realization in time of the agreement can reasonably and fairly no longer be demanded from the Other Party c.q. Other Party, amongst which in all events war, revolution, war threat, civil war, revolt, strike, lock-out, transport difficulties, fire and/or disturbance in the company of BTS Tank Solutions n.v. or in the company of one or more of its suppliers or subcontractors, delayed delivery of materials ordered in time, raw materials and auxilliary materials or parts thereof, flood, storm, whirlwind, hail, rain, fog, frost, snow, black ice, traffic disturbance, interruption of the supply of energy or drinking water and governmental decisions.
Retention of Title and Transfer of Property
In as far as BTS Tank Solutions n.v. enters into purchase agreements all objects delivered remain the property of BTS Tank Solutions n.v. until the Other Party has met all its obligations relating to the agreement concerned or obligations connected to it with regard to BTS Tank Solutions n.v. Therefore, the Other Party is not allowed to, amongst other things, sell, pawn or deliver the objects. BTS Tank Solutions n.v. is irrevocably authorized by the Other Party to take back the objects delivered respectively supplied by BTS Tank Solutions n.v. in the event of non-fulfilment or deficient fulfilment.
ln case BTS Tank Solutions n.v. should be negligent, it shall only have to compensate that damage that can be considered as a direct and immediate consequence of the non-fulfilment or deficient fulfilment and the damage to objects that are stored in the rented object or that is caused by these objects will not be included therein. BTS Tank Solutions n.v. is not liable either for mistakes or negligence of third parties or of its own personnel, even if these can be considered as auxiliaries in the execution of the agreement. The Other Party undertakes to safeguard BTS Tank Solutions n.v. against each and all claims of third parties for compensations from BTS Tank Solutions n.v., whatever the cause may be and is liable for all costs resulting thereof.
Applicable Law and Disputes
All agreements entered into by BTS Tank Solutions n.v. and all obligations resulting therefrom are governed by Belgian law. All disputes resulting from or in connection with the present terms and conditions and the legal relationship that arose between the parties, will in first instance exclusively be tried by the competent judge at Kortrijk, unless BTS Tank Solutions n.v. prefers to turn to the judge of the place of residence of the Other Party or to the judge of the place where the Other Party is established or to another competent judge.