{"id":17963,"date":"2024-10-24T09:13:49","date_gmt":"2024-10-24T09:13:49","guid":{"rendered":"https:\/\/forkliftoccasion.com\/general-rental-terms-and-conditions-forkliftoccasion\/"},"modified":"2025-06-02T09:18:11","modified_gmt":"2025-06-02T09:18:11","slug":"general-rental-terms-and-conditions-forkliftoccasion","status":"publish","type":"page","link":"https:\/\/forkliftoccasion.com\/en\/general-rental-terms-and-conditions-forkliftoccasion\/","title":{"rendered":"General Rental Terms and Conditions forkliftoccasion"},"content":{"rendered":"\t\t
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General Rental Conditions: Trading Company Huiden B.V.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Article 1: Definitions.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Landlord: Handelsonderneming Huiden B.V.<\/p>\n

Tenant: any (potential) other party of Landlord.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 2: Applicability<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. These terms and conditions shall apply to any quotation or offer made by Landlord and to any contract between Landlord and Tenant, except and to the extent that Landlord in writing <\/p>\n

These conditions are waived to the exclusion of general conditions used by Tenant<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 3: Quotations and offers<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Quotations and offers issued by the Landlord shall be without obligation unless the Landlord has expressly provided otherwise in writing
. The Landlord shall be entitled to reject a quotation or <\/p>\n

Offer to revoke within 3 working days after acceptance of this quotation or offer by Tenant. In such case
no contract shall come into existence between the parties. Any agreement first comes <\/p>\n

Established by signing an agreement on our part or by written order confirmation.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 4: Rent<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. The agreed rental price is based in part on the weekly working hours determined in accordance with the Collective Labor Agreement. If
equipment is used beyond these working hours per week, the rental price shall be increased proportionately. The Tenant shall be obliged to provide
the Landlord immediately after the end of each calendar week with a statement of the
hours worked outside the CLA working hours. <\/p>\n

2. The amount of the rent depends on various factors. If after the date of the conclusion of the
agreement one or more of the cost price factors undergoes an increase, even if this occurs as a result of
foreseeable circumstances, the Landlord shall be entitled to increase the agreed rent accordingly.
This rent increase shall take effect four (4) weeks after the increase has been notified to the Renter in writing. The Tenant has
the right to terminate the lease if he does not agree with the increase. This must be done with
observance of the provisions of Article 6 paragraph 5. <\/p>\n

3. Transport costs will be charged for delivery and\/or collection of rental materials, which will be
calculated on the basis of a fixed hourly rate.<\/p>\n

4. All prices charged by the Lessor are subject to change, excluding VAT, transport and other costs, including
damage to wheels and tires, forks, attachments and cabin parts and\/or damage caused by inexpert
use, in any form whatsoever. The standard rental prices include third-party insurance. The excess is \u20ac2,500. <\/p>\n

Tenant indemnifies Landlord against all claims for damages to third parties caused by the trucks, unless<\/p>\n

a: the damage is covered under WA(m) liability, or<\/p>\n

b: the damage is not covered under the WA(m) insurance due to circumstances for which the lessor is responsible.<\/p>\n

This liability insurance does not cover liability for damage(s) due to business interruption, business stagnation at
third parties and damage to or loss of goods-and the resulting damage-which are owned by the hirer\/holder or the driver
of the trucks at the time of inflicting the damage or which are in the possession of one of
them at that time.<\/p>\n

Excludes injury to the driver. This insurance excludes damage if the driver of the object is not in possession of a forklift certificate at
. Excluded from this insurance is damage if no R.I.E. has been drawn up and no clear instructions\/inadequate measures have been taken at
to prevent (personal) damage. <\/p>\n

Excluded from this insurance is damage caused by the improper use of the insured object, i.e. the
object was used for purposes other than those permitted by regulation or by law.<\/p>\n

Landlord is not liable for these damages.<\/p>\n

As soon as the tenant learns of an event from which an obligation to pay compensation could arise for the insurer
he is obliged to landlord and the insurer;<\/p>\n

report the event as soon as possible;<\/p>\n

Pass all data and send\/transmit documents as soon as possible;<\/p>\n

provide a written signed statement of cause, circumstance and extent;<\/p>\n

give his full cooperation and refrain from doing anything that might prejudice the insurer’s interests.<\/p>\n

Damage(s) to the rented trucks not reported by Tenant, which are found by Landlord upon arrival of the truck
will still be reported by Landlord to Tenant.<\/p>\n

Tenant shall, if applicable, still complete the European damage form. Should landlord receive no response
or no claim form within 5 working days of reporting to tenant, the damage costs will be charged in full to
tenant. <\/p>\n

The applicable deductible of the aforementioned liability insurance will be borne by the
tenant.<\/p>\n

The tenant is obliged to take all possible measures, which can prevent or limit the damage.<\/p>\n

5. Transportation of the Leased Items shall be at the sole expense and risk of the Renter.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 5: Payment, default and cancellation.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Payments must be made within fourteen (14) days of the invoice date. Should this deadline be exceeded
a 2% credit limitation surcharge will be due. All payments <\/p>\n

must be made without any deduction, discount or set-off. Any reduction and\/or partial payment must be
accepted in advance by Landlord. <\/p>\n

2. Complaints about invoices must be made in writing within five (5) working days of receipt of the invoice.
Tenant shall forfeit all rights if no complaint is made within the above-mentioned period.<\/p>\n

3. Landlord reserves the right to require prepayment or adequate security.<\/p>\n

4. If the Tenant fails to timely fulfill its payment obligations, it shall be deemed to be in default by operation of law
and all of Landlord’s claims against Tenant shall be immediately due and payable<\/p>\n

and Landlord shall have the right to suspend the performance of agreements until Tenant has fulfilled all due
obligations. In the event of death, intention to apply for or <\/p>\n

declaration of bankruptcy, suspension of payments or the intention of private debt restructuring or liquidation of
the (company of the) Tenant, the obligations of Tenant are immediately due and payable<\/p>\n

5. Once Tenant is in default, Landlord shall have the right, without any notice of default, to charge Tenant interest equal to the legal interest rate plus 2% from the due date
. All in <\/p>\n

Reasonable costs incurred by the Landlord in determining damages and liability, as well as those incurred in obtaining
payment in and out of court, shall be borne from that time onwards <\/p>\n

of Tenant. The latter costs will in any case be equal to the collection rate of the Dutch Order of
Lawyers with a minimum of \u20ac114. <\/p>\n

6. A payment made by Tenant shall be charged first against any interest due, then against expenses,
which Landlord may incur in connection with Tenant’s default under the<\/p>\n

rental agreement had to make, and only thereafter at the expense of the rental installments due, with the first
expired installment taking precedence over the last expired installment. All this applies insofar as Landlord does not expressly provide otherwise. <\/p>\n

6. If Tenant has taken an option with Landlord on items to be rented and subsequently wishes to waive rental thereof
, the following cancellation provisions shall apply. If the Tenant cancels the <\/p>\n

proposed lease cancellation:<\/p>\n

– earlier than the third day before the start of the rental period, cancellation may be made free of charge;<\/p>\n

– earlier than on the second day before the start of the rental period, Tenant shall owe 20% of the rental price;<\/p>\n

– later than on the second day before the start of the rental period, Tenant shall owe 40% of the rental price.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 6: Rental period <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Unless expressly agreed otherwise in writing, the provision of the Leased Object by
Landlord to Tenant at the time agreed upon for that purpose shall take place at that<\/p>\n

stalling or that warehouse of Landlord, which, respectively, Landlord indicates. Landlord shall only become in default towards Tenant in respect of the
provision of the Leased Object, <\/p>\n

if he also fails to make it available after the expiration of a further reasonable period, considering all the circumstances,
given to him in writing after the original period.<\/p>\n

2. If the Tenant fails to take delivery of the Leased Premises at the agreed time and this is not attributable to the Landlord,
the Tenant shall be in default already as a result. Without prejudice to his right to <\/p>\n

compensation for all costs and damages in connection with the first failure to take delivery, Landlord shall be entitled to terminate the
lease with immediate effect without judicial intervention, if Tenant also fails to take delivery before or on the second time that Landlord has given notice to Tenant. <\/p>\n

3. Also during vacations, recognized holidays, in case of rain or frost holidays, strikes or similar circumstances
Tenant shall owe the normal rental price, unless expressly agreed otherwise in writing.<\/p>\n

4. Delays arising during transportation, loading and\/or unloading, which are not attributable to Landlord, shall be considered
part of the rental period.<\/p>\n

5. The agreement is entered into on the basis of daily, weekly or monthly rates depending on the (expected) duration of the
agreement. The notice period depends on the duration of the <\/p>\n

lease and amounts at a term of:<\/p>\n

Duration Term of notice:<\/p>\n

1 day to 1 week 1 day<\/p>\n

1 week to 1 month 1 week<\/p>\n

1 month to 3 months 2 weeks<\/p>\n

3 months to 6 months 2 months<\/p>\n

6 months to 1 year 3 months<\/p>\n

1 year to 3 years 6 months<\/p>\n

3 years or more 1 year<\/p>\n

When the end date of the lease is not fixed, the already elapsed lease period
at the time of termination is considered to determine the notice period. Interim <\/p>\n

termination by Tenant of fixed-term contracts is not possible.<\/p>\n

6. At the expiration of the agreed rental period, the rental agreement shall be tacitly renewed for a
period of the same duration, unless the rental agreement has been extended by either party<\/p>\n

in accordance with the aforementioned notice periods has been given before the expiration of the rental period.<\/p>\n

7. Landlord is authorized to terminate the lease with immediate effect, without observing the above
notice periods, if:<\/p>\n

– suspension of payments or bankruptcy is sought in respect of Tenant;<\/p>\n

– (any part of) Tenant’s assets have been seized;<\/p>\n

– Tenant’s business is (substantially) shut down, discontinued or liquidated;<\/p>\n

– the Tenant permanently abandons its premises or establishment without prior written notice; or<\/p>\n

– any other circumstance arises which may cause Landlord to have reasonable doubt as to
Tenant’s performance of its obligations.<\/p>\n

8. Both in the event that Tenant terminates and in the event that Landlord terminates, Tenant shall return the Leased Object to Landlord in good condition at the end
of the relevant notice period.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 7: Force Majeure<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Landlord shall be entitled to suspend the performance of its obligation and shall not be in default if, as a result of
of changes in circumstances that existed at the time of the conclusion of the<\/p>\n

lease were not reasonably foreseeable and beyond his control, is temporarily prevented from fulfilling his
obligations.<\/p>\n

2. Circumstances not reasonably foreseeable and beyond Landlord’s control,
shall include failure of suppliers of<\/p>\n

Lessor to their obligations, fire, high water levels, road blocks, extreme weather conditions, strikes or
work stoppages and import or trade bans.<\/p>\n

3. No authority to suspend exists if performance is permanently impossible or the temporary impossibility continues for more
than six months in which case the lease agreement between the parties<\/p>\n

is rescinded without either party being entitled to compensation for damages suffered or to be suffered as a result of the rescission
.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 8: Defects<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Upon taking possession of the rented object, or at least immediately thereafter, the Renter must carefully examine the rented object for
soundness, flawlessness and completeness. If, in doing so, the Hirer <\/p>\n

defects or deficiencies, he must report them in writing to Landlord no later than three (3) business days after discovery
. Defects that Tenant did not discover in a timely manner because he failed to <\/p>\n

has carefully examine the Leased Object upon, or at least immediately after, taking possession of it, or defects, which Tenant
has not timely reported to Landlord in writing, cannot be grounds<\/p>\n

constitute reduction of rent, dissolution of the lease or compensation for damages.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 9: Terms of use<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Tenant is obliged to use the Rental Object as a good Tenant, which includes:<\/p>\n

– That Tenant uses the rental property only for the purpose<\/p>\n

for which it is rented and within that framework is otherwise suitable by its nature;<\/p>\n

– That Tenant is not permitted to drive the Leased Property on public roads, unless all
applicable legal provisions and guidelines in this regard are complied with;<\/p>\n

– That Tenant continuously inspects the Rental Property for proper operation and provides timely required daily maintenance
;<\/p>\n

– That Tenant agrees to allow the Leased Premises to be used only by persons at least eighteen (18) years of age
who have the requisite expertise to drive the Leased Premises;<\/p>\n

– That Tenant will take all reasonable measures to prevent damage and\/or loss of the Rental Object;<\/p>\n

– That the Tenant is prohibited from moving the Leased Premises to another location or making the Leased Premises available for rent, sublet, use or
otherwise to third parties without the prior written consent of Landlord<\/p>\n

2. During the rental period, the Landlord shall be entitled to inspect the condition of the Leased Object and the manner in which it is being used
. The Tenant must ensure that the Landlord or authorized representative is granted access to the Leased Object. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 10: Liability <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Landlord’s liability for damages to Tenant under or in connection with
lease(s):<\/p>\n

– Landlord cannot be held liable for loss of income and expenses related to interruption,
downtime and\/or restart of any part or all of a business or work;<\/p>\n

– Landlord shall only be liable for damages suffered by Tenant which are the direct and exclusive result of
Landlord attributable defects to the Leased Premises, provided that<\/p>\n

only those damages for which the Landlord is insured, or reasonably should have been insured in view of the
prevailing practices in the industry, qualify for compensation.<\/p>\n

2. If an event occurs from which Tenant suffers or can reasonably be expected to suffer damages
for which Landlord may be liable, Landlord shall<\/p>\n

Tenant with reasonable promptness, but in any event within two (2) weeks after such event, notify Landlord in writing of such
event. If Tenant fails to provide timely written <\/p>\n

notice after then his right to compensation from the event in question shall lapse.<\/p>\n

3. Landlord shall provide insurance for its rental objects against the consequences of third-party liability (WA).
The applicable deductible of aforementioned<\/p>\n

liability insurance shall be borne by the Renter. The Renter is obliged to repair all damage to or caused by
the rental object with due diligence, but in any case within twenty-four hours. <\/p>\n

(24) hours, in writing to the Landlord. Damage to the rental object will always be the responsibility of the
Renter, who undertakes to take out adequate insurance in this regard. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 11 - Indexation <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Lessor shall be entitled to index the truck rates once a year, for the first time as of January 1 following
the effective date of the agreement. Indexation will be based on the price index figure CPI
(2006 = 100%) calculated by CBS. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 12: Return of rental object <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. Unless expressly agreed otherwise in writing, the Renter shall return the Rental Object cleaned and -except
normal wear and tear of the Rental Object when used as a good Renter- in the<\/p>\n

original condition to Landlord by making the leased object available to Landlord at the place where
Landlord made the object available to Tenant in performance of the lease.<\/p>\n

has made available and that no later than the day, on which the rental agreement ends by the expiration of the
agreed rental period or otherwise.<\/p>\n

2. If the Tenant fails to make the rented object available at the place and on the date applicable to it, the Tenant will be in default at
without any notice of default or demand for payment on the part of the Tenant.<\/p>\n

Landlord is required. Tenant shall then forfeit a penalty in the amount of, if not otherwise agreed upon, 3% of
the price (excluding VAT) to purchase an equal or equivalent <\/p>\n

rental object, for each day that Tenant fails to fulfill its obligation to make the rental object available at the place and time applicable to it
. In addition to the penalty <\/p>\n

Landlord shall be entitled to full compensation for all damages suffered by Landlord as a result of the failure of
Tenant to comply with the obligation mentioned in paragraph 1 of this Article.<\/p>\n

Furthermore, Landlord shall then be entitled, and expressly authorized by Tenant, to enter the place where the
rental object is located in order to take possession of the rental object. The <\/p>\n

associated costs shall be borne by Tenant.<\/p>\n

3. If, after return, the Rental Object is found to have been damaged or not cleaned, the Tenant shall be liable for the
damages and costs incurred by the Landlord as a result, unless the Tenant demonstrates<\/p>\n

that the damage or lack of cleanliness is due to circumstances beyond his control.<\/p>\n

4. Tenant has the right to be present at the return and subsequent inspection. Any costs resulting
from, among other things, loss, cleaning, improper use or associated <\/p>\n

equivalent items, shall be notified by us to Tenant in writing. If Tenant has not challenged these charges by registered mail within eight (8)
days, it will be assumed that <\/p>\n

Tenant agrees to the cost estimate.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Article 13: Applicable law and competent court <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. The rental agreement is exclusively governed by Dutch law.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

General Rental Conditions: Trading Company Huiden B.V. Article 1: Definitions. Landlord: Handelsonderneming Huiden B.V. Tenant: any (potential) other party of Landlord. Article 2: Applicability 1. These terms and conditions shall apply to any quotation or offer made by Landlord and to any contract between Landlord and Tenant, except and to the extent that Landlord in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"class_list":["post-17963","page","type-page","status-publish","hentry"],"acf":[],"rankMath":{"parentDomain":"forkliftoccasion.com","noFollowDomains":[],"noFollowExcludeDomains":[],"noFollowExternalLinks":false,"featuredImageNotice":"The featured image should be at least 200 by 200 pixels to be picked up by Facebook and other social media sites.","pluginReviewed":false,"postSettings":{"linkSuggestions":true,"useFocusKeyword":false},"frontEndScore":false,"postName":"general-rental-terms-and-conditions-forkliftoccasion","permalinkFormat":"https:\/\/forkliftoccasion.com\/en\/%pagename%\/","showLockModifiedDate":true,"assessor":{"focusKeywordLink":"https:\/\/forkliftoccasion.com\/wp-admin\/edit.php?focus_keyword=%focus_keyword%&post_type=%post_type%","hasTOCPlugin":true,"primaryTaxonomy":false,"serpData":{"title":"Forklift Rental Terms & Conditions | Forklift Occasion Netherlands","description":"Review our general rental terms and conditions for forklift hire. 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