Terms & Conditions
GENERAL TERMS OF DELIVERY AND RENTAL of
(Trade name of Hacktic Computer Products B.V. CCI: 21019475)
These general terms and conditions apply to all offers made by Hacktic Computer Products B.V. as well as Rentic.nl (both hereinafter referred to as the lessor), concluded with the lessor and instructions given to the lessor, as well as to all rights and obligations arising from that. Any general terms and conditions of the other party (hereinafter referred to as "Lessee") apply to transactions with lessor if, subject to the lessor’s written consent. The lessor will only be bound by agreements and commitments that deviate from the content of these terms and conditions if they have been explicitly confirmed by the lessor in writing.
Article 2: OWNERSHIP
The rented equipment remains the property of the lessor. The lessee must refrain from making any modifications that change the nature or operation of the equipment, unless these are made with the lessor’s written approval. The lessee must refrain from removing (identifying) marks or serial numbers on goods. The lessee uses the goods as part of its normal business operations. The lessee is obliged to properly maintain the equipment and use it under normal circumstances only, in accordance with the technical specifications and operating instructions.
Article 3: PRICES
Agreed prices are binding, unless external circumstances (such as an increase in charges/excise duties or changes in currency parity, pricing of suppliers, insurance premiums, etc.) necessitate a price increase. If that is the case, the price increases applied by the lessor are binding on the buyer/lessee. Agreed prices are exclusive of VAT, unless specified otherwise. Parts and changes requested by the buyer/lessee that prove to be more laborious than normal also provide grounds for a corresponding price increase.
Article 4: EXTENSION
Before the end of the rental period the lessor will attempt to contact the lessee to find out whether the lessee wishes to extend the rental period. The lessee must, in any case, cancel the rental in writing before the end of the rental period, even if the lessor has not been able to contact the lessee. If not terminated in time, the lessor reserves the right to extend the rental period under the conditions and for a term as agreed initially.
Article 5: DEPOSIT
A fixed deposit is payable in advance. In the event of damage to or loss of the equipment or means of transport, the associated repair costs will be deducted from the security deposit.
Article 6: IDENTIFICATION REQUIREMENT WHEN COLLECTING EQUIPMENT
When collecting the equipment, it is mandatory to produce a valid ID (passport or driving license).
Article 7: PAYMENT
Unless payment has been made online immediately when ordering, rental or sales invoices must be paid in cash/digitally on delivery/collection, or by bank transfer within 14 days of the invoice date. When paying by bank transfer, the debt can only be cleared by transferring the amount to the bank account number quoted on the invoice, by means of a telephone transfer or by direct debit in advance If at a subsequent stage the rental contract is extended, the follow-up invoice is generated automatically and subject to the same payment terms. If the lessee does not pay within the agreed period, the lessor has the right to charge the lessee 1% interest per (part of a) month on the entire amount due, counting from the invoice due date. Any extrajudicial collection costs are payable by the lessee. The collection costs amount to at least 15% of the total amount due plus interest, subject to a minimum of € 250 (two hundred and fifty Euros).
Article 8: MALFUNCTIONS | REPAIRS
Before transferring the equipment to the lessee, the lessor tests whether the equipment functions properly. The lessee acknowledges that the lessor has supplied the lessee with equipment that functions properly. Equipment malfunctions within the Benelux are remedied through repair or replacement, free of charge and at the lessor’s expense, provided that the following cumulative conditions are met:
1. The malfunction has been reported to the lessor within 2 hours after the fault could reasonably have been discovered;
2. The lessee has not made any attempt to repair or rectify the equipment himself;
3. The lessee did not expose the equipment to abnormal circumstances or use it contrary to the instructions issued by the lessor or the user instructions;
4. The lessee has not otherwise caused the malfunction himself.
After receiving a request for service, the lessor will commence providing telephone support within 4 hours and/or proceed to repair or replace on-site, all this within the limits of reasonableness and fairness. The rental period will, insofar as possible, be extended by the period that the equipment was out of service due to the malfunction, free of charge. The lessee must render his reasonable assistance to reach a solution and, if necessary, make an effort to make the solution possible. Equipment malfunctions, insofar as not caused by the lessee, are remedied free of charge within the Benelux. Contrary to the provisions above, sub-lessors (dry hire) are themselves responsible for repairing and remedying malfunctions in the equipment. They are themselves expected to again check the equipment for functioning, correct operation and/or defects, immediately upon receipt.
Article 9: RENTER'S LIABILITY
Until the lessee has returned the rented equipment again, the lessee shall be liable for all damage to the rented equipment, including damage caused by loss, embezzlement, theft, alienation and total loss.
The lessee shall also be liable for all repair and cleaning costs incurred by the Lessor if the item is returned to the Lessor in poor condition/damaged, without prejudice to the Lessor's right to claim loss of rental.
Damage, loss, embezzlement, theft and total loss of the rented equipment must be reported in writing to the lessor immediately after its discovery.
The Lessee is also liable for all damages caused by the use of the Lessee.
The lessee fully indemnifies the lessor against third-party claims for damages related to the use of the rented equipment.
If the equipment rented by us is seized, you will inform us immediately in writing. You will immediately inform the seizing bailiff of our rental agreement.
If the rented equipment is seized at the expense of the lessee and costs are incurred by the lessor as a result, the lessee is obliged to indemnify the lessor for all costs resulting from the seizure.
The lessor does not insure the rented equipment. The lessee must therefore make sure to have his own insurance policy to cover the above risks, including damage as a result of loss, theft and decay of the equipment.
Article 10: DAMAGE, LOSS AND DISAPPEARANCE
In the event of damage, repair and/or cleaning costs to the rented equipment, the expert assessment made by or on behalf of the lessor for the purpose of determining damage, repair and/or cleaning costs to the rented object will be directly charged to the lessee. The lessee agrees in advance that an assessment will be carried out at the lessees expense, by an approved assessment agency designated by the lessor, if this is deemed desirable by the lessor and, in other cases, an assessment will be carried out by the lessor.
If the repair, cleaning and damage costs exceed € 2,500, the lessee is entitled to carry out its own or a counter survey, but must inform the lessor of this in writing within 8 days of being informed of this. After the expiry of the 8-day period, the lessor will carry out an inspection and repair or clean the rented item.
In the event of loss, alienation, decay, theft, misappropriation or encumbrance of the item, the current market value of the item in accordance with the price list applicable at the time shall be refunded to the lessor. Without prejudice to the further right of the lessor to claim performance, compensation or suspension.
In the event of loss, alienation, damage, decay, theft, misappropriation or total loss of the rented equipment, the lessee shall nevertheless be obliged to pay the rental instalments under the rental agreement as if the rented equipment had not been lost, alienated, damaged, decayed, stolen, misappropriated or lost.
If, after being lost, the lessee has already been charged the current market value and the item is later found and returned by the lessee, the lessee shall owe the rental up to the date of return. This shall be deducted by the lessor from the reimbursement of the current value to be returned to the lessee.
Article 11: PACKAGING MATERIALS
The packaging material supplied as part of the rental remains the property of the lessor. If packaging material is missing, the lessor will charge the replacement costs when the equipment is returned.
Article 12: CANCELLATION
If the lessee cancels the lease contract before the equipment is made available, the lessee owes the lessor:
- All pre-configuration costs
- An amount equal to 25% of the total lease sum agreed
All this without prejudice to the lessor’s right to claim full compensation.
Article 13: RETURN OF THE EQUIPMENT
The lessee undertakes to take good care of the rented equipment and to ensure that all rented equipment and goods are returned to the Lessor in working order and complete with all parts and in good working order.
At the end of the rental period you will return the equipment to us in its original state. This means in any case that you are responsible for the removal of any data on rented data storage devices.
Rented items are checked after their return to the lessor. The pickup of the items by the lessor is not to be considered as such an inspection. If the lessee wishes to be present at the inspection, it must indicate this at the start of the agreement so that an appointment can be made for the time of the inspection (within 48 hours after the returned equipment). If soiling/contamination or incorrect packaging is found, without the lessee being present, the inspection by the lessor is binding, and the costs thereof will be charged to the lessee.
The expert assessment made by or on behalf of the lessor for the purpose of determining damage, repair and/or cleaning costs to the rented equipment will be charged directly to the lessee. The lessee agrees in advance that an assessment will be carried out at the lessee’s expense, by an approved assessment agency designated by the lessor, if this is considered desirable by the lessor and, in other cases, an assessment will be carried out by the lessor.
If on returning the equipment defects are found which are not the result of normal use or normal wear and tear, all costs arising from the necessary repair and/or cleaning work as well as replacement, including labour and parts at new price, will be charged to the lessee separately. If any parts are missing on receipt of the equipment, the cost of replacing those parts shall be charged to the lessee on the basis of the new price. If the equipment cannot be returned or is no longer usable because of the damage and it is impossible to replace the parts, the lessee shall owe the lessor the current new value (current purchase price) of the equipment, the same model or its successor or the series that is most similar to the destroyed or damaged series in terms of technology and use.
Article 14: OBLIGATIONS OF PERFORMANCE (in the event of an instruction (installation and connection of equipment) to the lessor)
1. The lessor undertakes and is obliged to carry out the instruction in a professional manner, to the best of his knowledge and ability, according to the prior art and with the help of the available resources.
2. If an instruction given to the lessor has not been carried out in a professional manner, the lessor’s liability is generally limited to the following:
* The lessor will carry out the instruction or the relevant part thereof again and correctly, without charging the buyer/lessee any costs.
* If correcting the instruction is no longer possible or is no longer considered useful (for example due to the passage of time), the lessor can decide to credit or refund the relevant invoice amount or a proportional part thereof.
3. The lessor is in any case not liable for:
a. damage or loss of any kind that arises on account of or after the buyer/lessee subsequently re-installing the goods in another way or making changes to the installation, after installation was completed by the lessor.
b. damage or loss of any kind that arises on account of or after the buyer/lessee has improperly or prematurely taken the goods into service, has delivered them to third parties or has arranged for them to be taken into service or has arranged for them to be delivered to third parties;
c. damage to spaces, electricity supply and other materials belonging to the buyer/lessee, unless the buyer/lessee demonstrates that this damage is the result of a careless act on the part of the lessor.
4. In addition, any (further) liability, including consequential damage or loss and loss of profits, is expressly excluded between the parties.
5. In the event that the lessor is held liable by a third party for any damage or loss for which it is not liable under the agreement with the buyer/lessee and/or these general terms and conditions, the buyer/lessee will fully indemnify the lessor and reimburse the lessor for everything it must pay to this third party.
Article 15: INTERIM TERMINATION
If the lessee does not comply with any obligation (in time), as well as in the event of insolvency and (provisional) suspension of payment or application of the statutory debt restructuring scheme to the lessee, the lessor, without any notice of default or judicial intervention, is entitled to dissolve the agreement in whole or in part, without prejudice to the right to compensation for damage or loss due to noncompliance, with any claim that the lessor has against the lessee becoming immediately due and payable. In the event of dissolution, the lessor is entitled to collect the equipment without further warning. The lessee must at all times provide a person designated by the lessor with access to the property or premises in which the goods are located. If the event of the above provisions materializing, the lessee must immediately pay the lessor any due and unpaid instalments. The lessee will further owe compensation which is immediately due and payable and equal to the lease periods still to fall due in the event of normal continuation of the lease.
Article 16: ADDITIONAL PROVISIONS
The rental instructions are carried out by the lessor within the agreed time frame, unless the lessor is prevented from ensuring timely compliance due to a non-attributable shortcoming (force majeure). If due to force majeure the lessor is being prevented from renting out the goods at the agreed time, it has the right to move the execution of this rental instructions to a later date, or to cancel the instruction (and dissolve the agreement) without being liable for damage towards the lessee. Force majeure includes war, imminent war, riot, loss or damage resulting from willful damage, fire, water damage, flooding, strikes, factory occupation and lock-out, an obstruction in the supply, a disruption in the energy supply, government measures and defects in machines and tools, all this at either the business of the lessor or that of third parties from whom the lessor purchases all or part of the required materials, raw materials or services, as well as any other circumstances whatsoever, as a result of which it is reasonably impossible for the lessor to carry out the execution in a normal manner. The lessor will in any case inform the lessee whether and when the instructions will be carried out, while the lessee will immediately be notified by the lessor in the event of an impediment due to a non-attributable shortcoming (force majeure). The lessor is permitted to deliver the rented equipment in parts or to carry out the instruction in parts, unless a partial delivery or a partial execution has no independent value. If the goods are delivered in parts or if the instruction is carried out in parts, the lessor will be entitled to invoice each part separately.
If the lessee buys or repossesses products from Rentic.nl the conditions of Hacktic Computer Products B.V. CCI:
21019475 apply to all purchased products.
Article 17: COMPLAINTS
The rented equipment is regularly checked and maintained by the lessor and checked for reliability before delivery to the lessee. The lessee is advised to test the rented equipment before taking it into service. In the event of equipment malfunction, the lessor must be notified immediately. If no complaint is filed during the rental period regarding the non-functioning or inadequate functioning of the rented equipment, no refund can be demanded in respect of the lease. The lessor is only obliged to make replacement goods available to the extent that these are available.
Article 18: SOFTWARE
If the customer wants to use pre-installed software, this is possible under the following conditions: The lessor has concluded a SPLA agreement with Microsoft. This means that during the specified period, the desired and installed software may only be used by the lessee. The lessee may under no circumstances sublease this equipment with the installed software to third parties. The lessor is obliged to report any abuse to Microsoft Inc. The lessor rejects all possible damage or loss resulting from the incorrect use of this software. The conditions that Microsoft sets to the availability and use of SPLA software are set out at the bottom of these terms and conditions. These conditions are binding and entirely at the expense and responsibility of the lessee.
The lessee is at all times responsible for installing up-to-date security software and performing software updates in due time. The lessor is never liable for any damage or loss caused by viruses, hacking, malware, ransomware, etc. The lessor furthermore excludes any form of liability for damage or loss that may arise from the use and incorporation of the hardware/software in a network environment of the lessee.
Article 19: APPLICABLE LAW AND DISPUTES
All agreements entered into with the lessor are at all times governed by Dutch law. All disputes, including those that are only considered as such by one of the parties, are subject to the exclusive judgment of the Dutch court.