Article 1 – Definitions and applicability
1.1 In these general terms the following meanings shall apply:
– Services: renting, sale or service by EventRent;
– Days of use: the days within a rent period on which Client can effectively make use of the service of EventRent;
– Rent period: the period to which the current agreement applies;
– Location: the place(s) where EventRent shall carry out the performance;
– Client: everyone who concludes an agreement with EventRent or to whom EventRent submits an offer;
– Agreement: every agreement that is concluded between EventRent and Client, every change or addition in this agreement, as well as all arrangements to prepare and implement this agreement;
– Performance: all (legal) acts, including the delivery of materials and/or services or a part of them, which EventRent carries out on account of an Agreement.
1.2 These general terms are part of all Agreements of EventRent and shall also apply to all (other) actions and legal acts of EventRent and Client in this respect.
1.3 By placing an order Client shall renounce the terms that it usually applies, insofar as they are in violation with the current terms.
1.4 Every departure and/or addition with regard to any provision in the Agreement and/or these general terms shall only be effective if and after they have been confirmed in writing by EventRent, and in that case they shall only refer to the Agreement in question.
Article 2 – Conclusion of Agreements
2.1 All offers and quotations of EventRent shall be valid during thirty days, unless they include a different period for acceptance.
2.2 Any inaccuracies in quotations, order confirmations, Agreements and invoices involving an apparent omission or (calculating) error can be rectified by EventRent without being bound to these inaccuracies.
2.3 If a quotation contains an offer that is free of obligations and this offer is accepted by Client, EventRent shall be entitled to revoke the offer within five working days after receipt of this acceptance.
2.4 Client shall receive a written confirmation of the commission or a written recording of the Agreement from EventRent in duplicate. Client shall confirm these confirmations of the commissions or return the written recordings of the Agreement for approval to EventRent within seven days after receipt, after which EventRent shall return a legally valid signed copy to Client as a confirmation of the commission.
Article 3 – Delivery and delivery times
3.1 The stated of agreed delivery times or periods shall always be stated by approximation and shall not be fatal periods, unless explicitly agreed otherwise.
3.2 EventRent shall always be entitled to demand sufficient securities for claiming the fulfilment of payment obligations of Client before delivery or before continuing with the delivery.
3.3 If Client still has any payment obligation towards EventRent, in particular if invoices of EventRent have not been paid wholly or partly by Client, EventRent shall be entitled to suspend the obligation to deliver until Client has met all its obligations.
3.4 EventRent shall delivery every Performance in the way that has been agreed in writing; EventRent shall be authorised to deliver the Performance wholly or partly through delivery (of materials and/or services) by third parties.
Article 4 – Licences and intellectual property rights and copyrights
4.1 Client shall be responsible, at his own expense and risk, for applying for licences and obtaining the licences, approvals and exemptions in time that may be required or obliged for the Performance, which will be registered in the name of EventRent.
4.2 Client shall be responsible, at his own expense and risk, for complying with any municipal bye-laws in time and in an adequate way, including the transfer of charges levied locally on projections over public land. Client shall guarantee that regulations related to licences, approvals, exemptions and registration obligations shall be observed.
4.3 If authorities have specific environmental requirements regarding the Performance or if they impose fines, Client shall indemnify EventRent against this and shall keep EventRent indemnified against these fines.
4.4 If EventRent submits an application for Client, this shall be done at the expense and risk of Client.
4.5 Client shall meet all claims of third parties regarding (intellectual) property rights that are related to the Performance. Rights of intellectual property shall be taken to mean, amongst others, however not exclusively, copyrights, brand rights (logos and titles), domain names, drawings, models and know-how.
4.6 Client shall be responsible for the transfer of rights and fees to the third party and/or copyright organisation in question and indemnify EventRent, if necessary, if the latter is addressed by a third party with regard to this.
4.7 (Programme) format rights, concepts and ideas developed by EventRent for the Performance shall remain exclusive property of EventRent. During the period to which the Agreement refers Client shall solely obtain the non-exclusive rights of use for such format rights, concepts or ideas, unless agreed differently in writing.
4.8 All rights of industrial and intellectual property with regard to the hardware that is the basis of the Performance shall solely and exclusively belong to EventRent.
Article 5 – Location
5.1 Client shall take care in time that the Performance can be delivered by EventRent at a paved Location with a sufficient load bearing capacity for the means of transport of EventRent.
5.2 Client shall see to it that EventRent can reach the Location over a well-paved and sufficiently wide road without any restrictions with the means of transport applied by EventRent and any called-in third parties.
5.3 If a Performance has to be delivered partly or wholly on an unpaved base, Client shall see to it that, for example, steel plankings (or something similar) are placed with a minimum thickness of 10 mm, that is to say, if the base gives cause for this. This shall be assessed and approved by EventRent.
5.4 A Location at which a Performance has to be delivered must be virtually flat. A certain slope of the Location (at most 15 centimetres vertically per 10 running metres, measured horizontally) is allowed, providing this was previously suggested to EventRent for assessment and providing it has been accepted by EventRent in writing.
5.5 Client shall be responsible at his own expense and risk for sufficient and protected parking facilities for the above-mentioned means of transport. Furthermore, Client shall provide sufficiently suitable room upon first request of EventRent, which can be closed well, for the storage of materials and tools of EventRent and/or of the third parties called in by EventRent, which are required in connection with the Performance.
5.6 Client shall take care that when EventRent delivers the Performance that the latter shall not be hindered in any case by third parties, for example by spectators or interested persons.
5.7 With regard to the aforementioned, Client shall be responsible at his own expense and risk for providing sufficient assistance and security in time by means of people and appliances, in any case from the moment that EventRent will arrive at the location until the location is delivered again by EventRent.
5.8 The (layout of the) Location shall minimally meet the requirements as stated in the Agreement. Client shall be responsible for making the Location, at which or in which EventRent will deliver the Performance, ready in time.
5.9 The layout of the Location, in particular the place where the Performance has to be delivered, as well as electricity, gas and water facilities, shall be such that EventRent can deliver the Performance without it being necessary for EventRent to take special measures, without having to do extra work and without it being possible to cause damage to materials of EventRent or of third parties called in by EventRent
5.10 The connection to electricity, gas and water facilities available at the location rented by Client shall always be at the risk of Client, also in the event that the actual connection has been carried out by employees of EventRent or by EventRent, except in the event of gross negligence or intention.
5.11 Client shall take care that EventRent can start with breaking down the rented materials or materials made available or obtained in trust immediately after the delivered Performance, in conformity with the times stated in the Agreement.
5.12 If is agreed that the rented materials or materials that have been made available or obtained in trust shall be removed by EventRent at a Location, Client shall give EventRent the opportunity to do this with due observance of a sufficient disassembly time. The route that EventRent has to follow in this respect must be kept free again from obstacles or delivered free of obstacles by Client. If damage is caused to the rented materials when leaving the location (for example, but not exclusively, to tyres as a result of sharp materials), Client shall be liable for the costs of replacement and repair.
5.13 The use and consumption of all matters made available by Client or by third parties at the request of Client at the Location, such as electricity, electric installations, water, gas, sound installation and other materials and auxiliary means shall always be at the expense and risk of Client.
Article 6 – Guarantee
6.1 The materials rented or made available by EventRent to Client or materials obtained in trust shall be in a good state of repair.
6.2 Client shall not be allowed to operate the materials rented from EventRent, unless with explicit permission by EventRent. If necessary EventRent shall appoint one or several persons who can operate the hired materials. It is necessary that the instructions of EventRent are strictly observed for the use of the hired materials.
6.3 If Client notifies EventRent in time that the rented materials or materials made available or obtained in trust do not comply with the Agreement, the service department of EventRent shall carry out the necessary repairs as soon as possible.
6.4 If the materials do not comply with the Agreement as a result of any action by Client that is in violation with the Agreement, the costs related to the repair shall be charged separately to Client.
Article 7 – Acceptance and complaint
7.1 The testing and inspecting of the delivered and/or rented materials shall take place at once after receipt by Client. Any objections, failures and/or defects shall be reported at once in writing to EventRent.
7.2 Complaints regarding non-visible failures and/or defects shall be reported at once to EventRent after establishing them, so that EventRent shall be able to investigate the correctness of the complaints in question on location and carry out repairs, if necessary.
7.3 Without the above-mentioned reports and if Client has not carried out an adequate or full test or inspection, the materials shall be considered to have been rented without any damage to the paint, defects or failures, and the Performance shall be considered to have been delivered in conformity with the Agreement.
7.4 Client shall be forbidden, except in the event of written permission by EventRent, to move the rented materials or materials made available or obtained in trust to a different location than the agreed Location.
Article 8 – Use of rented materials or materials made available or materials taken in trust by EventRent
8.1 Client shall solely use materials that have been rented to Client or made available to Client or obtained in trust for the agreed purpose and in accordance with the operating instructions and instructions provided by EventRent.
8.2 Client shall not be allowed to let third parties use the hired materials or materials made available to Client or materials that are in its trust, or to make them available to third parties or subrent them without prior written permission by EventRent.
8.3 EventRent shall be entitled at any time to check that Client is meeting his obligations, for which purpose Client shall always grant free access to EventRent or a person to be appointed by EventRent or take care that free access is available for them to the location where the hired materials or materials that have been made available or are in trust are located.
8.4 Client shall not be allowed to introduce any changes of whatever nature to the hired materials or materials that have been made available or obtained in trust and/or paint these materials and/or cover them (for example, with stickers) or change them in any other way (with regard to their exterior), without prior written permission by EventRent.
8.5 All materials that are in trust of EventRent or rented by EventRent shall include an acknowledgement of EventRent. This acknowledgement is or shall always be introduced by EventRent in style with the representative quality of the material and/or applied lettering or paintwork. This acknowledgement shall not be larger than five percent of the available total surface and shall never be removed, taped up or covered by Client.
Article 9 – Staff of or in the name of EventRent
9.1 Employees of or in the name of EventRent shall always wear representative and recognisable industrial clothing of EventRent, unless agreed otherwise in writing.
9.2 Client shall offer sufficient consumptions and meals for free to staff of or in the name of EventRent, unless explicitly agreed otherwise in writing. If (the preparations of) a performance start(s) before 08.00 hours, one breakfast shall be provided per employee, one lunch shall be provided between 12.00 hours and 14.00 hours, while one dinner shall be provided if the Performance of the disassembly work takes place after 18.00 hours. Furthermore, Client shall make one consumption available every hour for all employees of EventRent.
Article 10 – Returning and bringing back hired materials in original state
10.1 Client shall make the materials, which they hired or were made available to them or they obtained in trust, available again to EventRent or deliver them to EventRent identically to as they were when received, therefore in a good technical condition, also externally.
10.2 The moment of returning the materials is the moment that EventRent shall have properly and completely received all hired materials or materials it made available or materials that were obtained in trust.
10.3 If EventRent has given its explicit permission to Client for introducing and/or paintwork and/or spraying or introducing other (external) changes to the hired materials and/or materials it made available or materials that were obtained in trust, all costs involved with bringing back these materials in the original state shall be incurred by Client.
10.4 If Client has commissioned EventRent to apply lettering or paintwork, Client shall remain responsible for the removal of the applied lettering or paintwork. The related costs shall remain at the expense of Client.
10.5 If EventRent gives a cost estimate regarding the removal of the lettering or paintwork, this shall always be an estimation of these costs. If there are unforeseen costs during or after the removal, these shall always be incurred by Client.
10.6 The Agreement shall continue to be at the expense and risk of Client during the period of repair under the same (hiring) conditions as stated in the Agreement.
Article 11 – Payments
11.1 If nothing else has been agreed, Client shall pay the price at the time of the delivery of the Performance in cash without a discount or compensation, possibly under deduction of (partial) advance payment.
11.2 If the event, for which Client has called in EventRent, is cancelled or discontinued, for whatever reason, Client shall have to pay the sum of the Agreement. The outstanding sum shall be paid as yet in the manner as arranged in this article.
11.3 If the hired materials have not been used anymore for the purpose for which they were hired during the hiring period because of fire, storm, or whatever reason of force majeure, or if the use of the hired materials is refused by a competent authority, the agreed rent shall remain payable and Client cannot claim any refund. Client shall conclude an insurance for these costs.
11.4 If it is agreed that an invoice will be sent, Client shall pay the price without a discount or compensation within 14 days after the invoice date, unless a different term has been agreed.
11.5 If EventRent thinks that there is a reason to do so, it may demand that Client pays an advance or provides a bank guarantee at a renowned financial institute in the Netherlands to cover initial costs.
11.6 When exceeding the term of payment, Client shall pay an interest that equals the statutory interest as laid down in art. 6:119-A of the Netherlands Civil Code, increased by two percent, as from the due date of the invoice, without requiring any proof of default.
11.7 When exceeding the term of payment, Client shall also pay all (extra)judicial collection costs. These costs shall be fixed in advance at a sum of at least 15% of the main sum that is at issue.
11.8 Requests for payment by EventRent itself shall entitle the latter to charge € 25.= to Client for administration costs for each request and/or demand for payment.
11.9 If Client is not a legal person, the person with whom EventRent makes binding arrangements, for whatever organisation, shall be privately liable for all obligations that result from the Agreement concluded with EventRent.
Article 12 – Force majeure
12.1 In the event of force majeure EventRent shall be entitled to suspend the implementation of the Agreement or dissolve the Agreement partly or wholly, without being obliged to pay any damages towards Client.
12.2 In the event of a partial dissolution a sum shall be deducted, which shall at most be the sum for the work that has not been carried out as part of the Agreement, insofar as it falls within the period from the date of cancelation until the date on which EventRent can offer a reasonable replacement of the hired materials.
12.3 Force majeure that applies to EventRent shall include: strikes by, or sickness of employees of EventRent and third parties called in for the implementation of the Performance, measures and/or prohibitions by the Dutch and/or foreign government, not foreseeable and not predictable traffic obstructions, accident(s) with the means of transport used by EventRent or by a third party called in by EventRent, unforeseeable technical failures with these means of transport, the absence of the required licences or exemptions, the failure to observe obligations by suppliers of EventRent, theft of materials required for delivering the Performance, weather conditions, including wind force and a certain slope of the Location, so that it is unsafe or dangerous to build up the materials to be supplied, and all circumstances as a result of which EventRent cannot perform adequately (in time), without EventRent being culpable for this in any whatsoever.
12.4 A default by EventRent shall not block EventRent from pleasing force majeure.
12.5 In the event of force majeure EventRent shall be entitled to collect or have a third party collect all materials at once that have been made available to Client by EventRent or materials that have been obtained in trust.
Article 13 – Liability, insurance and indemnification
13.1 In the event that goods are rented to Client by EventRent, Client shall be liable – until these goods have been returned – for all impairment which is the result of damage, loss or destruction of rented materials and/or materials that have been made available or obtained in trust, by whatever cause, as well as for damage that is caused by and/or with these materials, as if he were the owner, possessor and user.
13.2 Client shall be liable for all damage sustained by EventRent if Client does not immediately deliver the materials properly after the termination of the period in which they were rented or made available. This damage shall be at least ten percent of the value of the materials in question that were rented or made available or obtained in trust.
13.3 Client shall be obliged to fully insure the hired materials and/or materials that have been made available or obtained in trust as well as all risks related to the Performance of EventRent and keep them insured against all insurable damage on behalf of EventRent, unless agreed otherwise. Upon request Client shall submit a copy of the policy and policy conditions to EventRent.
13.4 When the hired materials are returned and it turns out that parts are damaged and/or the numbers do not correspond with the number of materials that have been made available by EventRent to Client, Client shall be liable for this damage and/or the absent parts. Client shall then pay the damage and/or value of the absent parts – as charged by EventRent – to EventRent.
13.5 Client shall be liable for all damage, caused by damage, destruction or loss of materials or by injury or death of persons, which are caused directly or indirectly during and/or by the Performance of EventRent at the Location.
13.6 EventRent shall not be liable for theft, embezzlement or damage to materials of Client or of third parties or injury of persons, who are located in/at or on the materials that have been rented or made available or obtained in trust by EventRent.
13.7 If Client is liable on the basis of the law, these general terms or on the basis of any Agreement with EventRent and a third party makes an appeal to EventRent in this respect, Client shall fully indemnify EventRent and compensate the damage.
13.8 If EventRent is liable for any damage, despite the provisions in the Agreement and these general terms, each liability of EventRent shall be limited to the sum that is paid out under the business liability insurance of EventRent in the case in question. This limitation of the liability shall apply insofar as the damage is the result of intention or gross negligence by EventRent.
13.9 In all cases the liability of EventRent shall be limited to the invoice amounts related to the delivered Performance.
Article 14 – Liability regarding materials taken in trust by EventRent
14.1 In the special situation that EventRent uses materials delivered by EventRent to Client and transfers the ownership for the implementation of or as part of the Performance, EventRent shall insure these materials at the expense and risk of Client. Such an insurance shall only apply if specific costs are attributed to Client for this purpose in the Agreement.
14.2 If the materials referred to in the previous paragraph that have been made available to EventRent or obtained in trust by EventRent shall be considered as lost by the insurance company of EventRent (in the event of theft or total loss), the sum that EventRent shall pay to Client shall not exceed the sum that EventRent receives as a payment from the insurance company. In that case Client shall cooperate in the transfer of property of the (remnants of the) materials that have been made available or obtained in trust to the insurance company and, if necessary, renounce them.
Article 15 – Default and dissolution
15.1 If Client does not (adequately) fulfil any obligation or does not meet any obligation in time that may arise from the Agreement concluded with EventRent and/or that may arise from the law, Client shall be in default without proof of default and EventRent shall be entitled to suspend the implementation of the Agreement and/or dissolve this Agreement and directly related Agreements wholly or partly, without EventRent being obliged to pay any damages and without prejudice to further rights to damages belonging to EventRent and/or payment of the Performance carried out by EventRent.
15.2 In the event of (provisional) suspension of payment, bankruptcy of Client, the closing down or liquidation of the company of Client, or if Client is placed under guardianship, that is to say, if Client is a natural person, all Agreements with Client shall be dissolved by operation of law, unless EventRent notifies Client that it shall suspend the observation of (part of) the Agreement(s) in question within a reasonable period, until the payment has been sufficiently secured, without prejudice to the further rights belonging to EventRent.
15.3 EventRent shall be entitled to terminate the Agreement if a permanent force majeure applies to Client. Client shall then compensate all costs that EventRent has incurred or will still incur to EventRent.
15.4 In each of the paragraphs 1,2 and 3 of the cases mentioned in this article the following shall apply: debts of Client to be paid to EventRent shall be forthwith due and payable, Client shall be obliged to return the rented materials or materials that have remained unpaid at once and EventRent shall be entitled to enter the sites and premises of Client in order to take possession of these materials.
15.5 If the Agreement refers to several Performances which have to be delivered in a consecutive period, this will be referred to as so-called deployment days and/or hiring days in the Agreement. In that case the above-mentioned rates shall apply at most to the above-mentioned days of use for each consecutive period. If and insofar as there are less days of use per period than stated in the Agreement, there shall not be any settlement.
Article 16 – Other provisions
16.1 EventRent shall be allowed to show the name of Client, his logo, photos or moving images and the name of the project on its website.
Article 17 – Choice of law and competent court
17.1 This Agreement and these terms shall be governed by Dutch law.
17.2 All disputes arising by reason of the Agreement or by reason of these terms shall be subjected to the judgement of the competent court in Amsterdam, insofar as not prescribed imperatively by law otherwise, on the understanding that EventRent shall be entitled to institute actions, whether or not simultaneously, against Client at other courts of justices, which are competent to take cognisance of such claims.
These general terms have been filed under number 30 103 910 (January 2007) at the Chamber of Commerce in Utrecht.