- Rental of various equipment
- Delivery within four hours
- Best Customized Service
• RentNet Computer Rent: the sole trader RentNet, with its registered office in Hoofddorp, in the municipality of Haarlemmermeer, registered in the Commercial Register of the Chamber of Commerce in Amsterdam under number 56371845, and the user of these general terms and conditions, hereinafter referred to as: RentNet.
• Other Party: the party acting as a client, hirer, purchaser or in any other capacity whatsoever in dealings with RentNet.
• In writing: ‘in writing’ shall also be understood to include by email.
1. These general terms and conditions apply to all offers, quotations, orders and agreements to which RentNet is a party, insofar as they do not relate to rent in the broadest sense of the term, in which case the general terms and conditions of rent shall apply.
2. Deviations from these general terms and conditions are only binding insofar as they have been agreed in writing between the parties and exclusively in the specific cases set out in that agreement.
3. RentNet hereby expressly rejects the applicability of any general terms and conditions used by the other party, and such terms and conditions shall not be binding on RentNet.
4. If any provision in these general terms and conditions is void, it shall be deemed to have been replaced by a valid provision that corresponds as closely as possible to the void provision. The same applies to provisions which RentNet cannot rely upon for other reasons.
5. RentNet is entitled to amend these general terms and conditions. The amended terms and conditions shall be deemed to have been accepted if the client has not objected to them within 14 days of the amended terms and conditions being sent to it or coming to its attention.
1. All offers made by RentNet are non-binding, unless otherwise agreed in writing. The mere submission of an offer does not in any way oblige RentNet to enter into a contract. An agreement is only concluded once RentNet has received acceptance of the offer, unless RentNet revokes its offer immediately upon receipt of that acceptance.
2. The drawings, illustrations, dimensions, weights and other specifications accompanying an offer are to be regarded as approximate and no rights may be derived from them.
3. All offers made by RentNet are valid for 30 calendar days from the date of issue, unless otherwise agreed in writing.
1. Agreements, including those concluded by intermediaries on behalf of RentNet, shall only come into effect once they have been confirmed in writing by RentNet to the other party.
2. Any agreements or amendments made at a later date shall only be binding on RentNet once they have been confirmed in writing by RentNet to the other party.
3. If the other party wishes to cancel an agreement (before RentNet has commenced work), RentNet shall, at its discretion, have the right either to require the other party to perform the agreement or to cancel the agreement. Cancellation entitles RentNet to compensation amounting to 20 per cent of the total value of the agreement, without prejudice to RentNet’s right to recover the full amount of any loss suffered.
1. The prices charged by RentNet are based on the cost-determining factors at the time of the quotation. RentNet is entitled to adjust these prices at any time in line with any changes to these cost-determining factors, even if such changes were already foreseeable at the time the agreement was concluded.
2. In the event of a price increase of more than 10%, the other party is entitled to terminate the agreement. The right to terminate lapses on the 15th day following the invoice date of the first invoice sent after the aforementioned price increase.
3. Prices are exclusive of VAT and other government levies, unless otherwise agreed in writing.
4. In the absence of an agreed price, RentNet shall apply a price customarily charged or a fair price.
5. Prices previously agreed or applied are not binding on RentNet, unless they are expressly confirmed in writing in a subsequent agreement.
1. Delivery times specified by RentNet are intended as an indication only. Exceeding these times does not entitle the other party to compensation, suspension or termination of the agreement.
2. RentNet is entitled to deliver an order in full or in instalments. In the latter case, RentNet is entitled to demand payment for each instalment.
3. Notwithstanding the provisions of Articles 5.1 and 5.2, the other party is entitled to demand delivery within a reasonable period, failing which the other party is entitled to terminate the agreement by registered letter in respect of the part not yet performed, provided that the other party has fulfilled all its obligations.
4. Delivery shall take place as soon as the goods have left RentNet’s warehouse. From the moment the goods have left the warehouse, they shall be at the other party’s risk.
1. Unless expressly agreed otherwise, RentNet is entitled to appoint the carrier for goods to be delivered, regardless of who bears the costs of transport.
2. Unless otherwise agreed, the transport costs will be charged to the other party.
3. Deliveries shall be made to the paved road at the delivery address in the Netherlands.
4. The dispatch of goods is always at the other party’s risk, even if carriage paid has been agreed.
5. If it has been agreed that delivery of goods to the other party is to take place at the premises where RentNet carries out its business, delivery shall be deemed to have taken place upon RentNet notifying the other party that the goods are ready for collection.
6. From the time of delivery at the agreed location, the delivered goods shall be at the other party’s expense and risk. The other party is obliged to cooperate fully with the delivery. The other party shall be in default without the need for a formal notice if it fails to collect the goods to be delivered following RentNet’s first request or refuses to take delivery of the goods.
7. The acceptance of goods from or on behalf of RentNet by the carrier shall constitute proof that they have been received in apparent good condition, unless the consignment note or receipt indicates otherwise.
8. The other party is obliged to take out all necessary, customary and/or desirable insurance policies relating to the goods to be delivered or delivered, including transport insurance.
1. Until full payment has been made of all sums due to RentNet from the other party on whatever grounds whatsoever, including claims arising from failure to perform, such as claims for penalties, interest and costs, the goods supplied shall remain the property of RentNet or the party owning those goods, though at the other party’s expense and risk.
2. If the other party disposes of goods delivered to it by RentNet but which have not yet passed into its ownership, it hereby assigns the rights it has or will have vis-à-vis its own customers, together with all associated rights and securities.
3. In the event of the goods delivered being worked on, processed or mixed, the other party hereby transfers to RentNet, with immediate effect, the (co-)ownership of the new item(s) thus created. From that point onwards, the other party shall act, free of charge, as holder and custodian of the relevant item(s) of which RentNet holds (co-)ownership.
4. RentNet is entitled to repossess the goods it has supplied which are still its property if the other party is in default, has applied for a moratorium on payments or statutory debt restructuring, or if a petition for bankruptcy has been filed against it. The other party shall cooperate fully in this regard. The costs of repossession shall be borne by the other party.
1. The other party shall, with due diligence, examine RentNet’s performance following delivery and/or otherwise to determine whether RentNet has properly fulfilled the agreement and is furthermore obliged to notify RentNet in writing without delay as soon as it becomes apparent that this is not the case. The other party must, in any event, carry out the inspection referred to in this paragraph and provide the relevant notification no later than eight calendar days after collection or delivery.
2. RentNet’s performance shall in any event be deemed to have been properly fulfilled if the other party has taken the delivered goods or any part thereof into use, has modified or processed them, has supplied them to third parties, or has caused it to be put into use, modified or processed, or delivered to third parties, unless the other party has complied with the provisions of the first paragraph of this article.
3. In the event of non-conformity, RentNet shall always be entitled to substitute a new, satisfactory performance in place of a previous unsatisfactory performance, or, at RentNet’s discretion, to reimburse the difference in value between a service of satisfactory quality and the service actually supplied, to the exclusion of any other right to compensation. Fulfilment of the agreement shall then be deemed to be entirely satisfactory. In this case, the agreement cannot be terminated by the other party.
4. Performance of the agreement shall be deemed satisfactory if the other party has failed to carry out the inspection referred to in paragraph 1 of this article in good time.
5. Returned goods will only be accepted if, and only after, RentNet has issued an RMA number.
6. Complaints regarding goods, work carried out or invoices shall under no circumstances entitle the other party to suspend payment. Set-off is expressly excluded.
7. RentNet’s invoice shall be deemed correct unless the other party has submitted a written objection to RentNet within eight calendar days of the invoice date at the latest.
8. If, according to generally accepted standards of reasonableness and fairness, the time limits specified in this article are to be regarded as unacceptably short even for a diligent and vigilant other party, these time limits shall be automatically extended until no later than the first point in time at which it is reasonably possible for the other party to carry out the investigation or to notify RentNet, as the case may be.
1. Warranty agreements are made between the parties on a transaction-by-transaction basis.
2. RentNet guarantees the goods supplied and the work carried out (subject to the provisions of clause 9.3) during the warranty period to be agreed between the parties, in that RentNet will, free of charge, repair or replace any goods and/or services in which a material defect should arise during this period, or refund the price thereof, at the discretion of
RentNet and without prejudice to the provisions of Articles 10 and 11 of these general terms and conditions.
3. No greater warranty is given in respect of goods supplied by RentNet which have been sourced from third parties, or in respect of work carried out by third parties on RentNet’s behalf, than that given to RentNet by those third parties, without prejudice to any warranty agreements made with the other party.
4. If RentNet replaces goods or refunds the purchase price in fulfilment of its warranty obligation, the goods returned to RentNet shall once again become the property of RentNet.
5. RentNet’s warranty obligations shall lapse immediately if the other party carries out repairs or alterations, or has them carried out by a third party, without RentNet’s prior written consent, or if the other party fails to fulfil its obligations under the agreement or has used the goods contrary to their intended purpose or in an improper manner.
6. The other party shall not be entitled to suspend payments on the grounds that RentNet has not, or has not yet, fulfilled its warranty obligations.
7. If RentNet is not given sufficient opportunity to remedy any defect in or relating to the goods supplied, all costs arising therefrom shall be borne by the other party.
1. RentNet shall not be liable for damages arising from a failure to fulfil any obligation or from a tortious act, if such failure or act cannot be attributed to it. This is the case if the failure is not attributable to its fault, nor to a cause for which it is liable under the law, a legal act or generally accepted commercial practice. In this case, the contract cannot be terminated by the other party.
2. Non‐attributable failures shall in any event include: extreme and/or unsuitable weather conditions, war or threat of war, infection or risk of infection, illness of staff, extreme or unexpected traffic congestion, obstruction of the transport route, disruptions to RentNet’s operations or to those of any of the suppliers or third parties involved in the performance of the contract, breakdowns of machinery used by RentNet or the third parties involved, any failure on the part of suppliers or third parties involved, delayed delivery of parts, government measures, as well as any delay or capacity shortfall at RentNet arising from the circumstances referred to above.
3. In the event of non‐attributable failures, RentNet shall be entitled to suspend the performance of the agreement or to terminate the agreement, without the other party being entitled to claim compensation for its loss.
4. RentNet is entitled to claim payment for goods that have already been delivered or services that have already been performed.
1. Without prejudice to its obligations under the law, RentNet shall never be liable for any damage, whether direct or indirect, resulting from the use, malfunction or unsuitability of goods supplied or services provided by RentNet, unless there is intent or gross negligence.
2. Without prejudice to the provisions of Article 11.1, RentNet’s liability for damage is always limited to an amount equal to the net invoice value of the goods or services in question.
1. The other party is obliged, upon RentNet’s first request, to provide security for the full performance of the agreement; failing which, all of RentNet’s claims shall become immediately due and payable, without prejudice to RentNet’s other rights.
1. RentNet’s invoices must be paid without any discount or set-off within the period stated on the invoice following the invoice date; should this period be exceeded, the other party shall be in default towards RentNet by operation of law and without any further notice of default being required. If the other party applies for a moratorium on payments, or if a petition for its bankruptcy has been filed or a bankruptcy order has been issued, all of RentNet’s claims shall become immediately due and payable.
2. Where RentNet has multiple claims against the other party, any payment made by the other party shall first be applied to any costs due, then to interest, and subsequently to the oldest claim, regardless of which claim or component the other party designates.
3. Set-off or suspension by the other party, on whatever grounds and however termed, is excluded.
4. If no payment is received within the specified period, the other party shall owe interest equal to the statutory commercial interest rate pursuant to Section 6:119a of the Dutch Civil Code. In this case, all costs incurred by RentNet in order to recover the sums due to it shall also be borne by the other party, including the full costs of legal assistance both in and out of court, as well as any costs not ordered by the court to be borne by the other party.
5. The other party shall owe RentNet extrajudicial debt collection costs amounting to 15 per cent of the amount claimed, subject to a minimum of €250, plus VAT.
1. RentNet is entitled to engage third parties in the performance of the work. The selection of third parties to be engaged by RentNet shall, where possible and reasonably appropriate, be made in consultation with the other party and with due care. RentNet shall not be liable for any shortcomings on the part of these third parties, except in cases of wilful misconduct or gross negligence on the part of RentNet.
2. If these third parties wish to limit their liability in connection with the performance of an instruction from the other party, RentNet assumes, and hereby confirms where necessary, that all instructions given to it by the other party include the authority to accept such a limitation of liability on behalf of the other party.
If RentNet is held liable by a third party in respect of any damage or part of the amount of damage for which it would not be liable under the agreement or these terms and conditions had that damage been suffered by the other party, is held liable by a third party, the other party shall fully indemnify RentNet in this regard and reimburse RentNet for everything RentNet is required to pay to that third party. The other party is also obliged to indemnify RentNet against damage arising from and/or caused by fines, claims, penalty payments and other measures imposed by public authorities. These indemnity obligations on the part of the other party also apply to RentNet’s employees and other parties involved with RentNet.
1. If the other party fails to fulfil its obligations towards RentNet, or fails to do so on time or properly, as well as if it is declared bankrupt, applies for a moratorium on payments or statutory debt restructuring, or offers a settlement or arrangement to its creditors or a portion thereof, as well as in the event of attachment of its assets or a portion thereof, or if it proceeds with the sale or liquidation of its business, as well as in the event of death, is placed under guardianship, or if it otherwise loses control or management of its business, assets or any part thereof, RentNet shall be entitled, without any notice of default, to suspend the further performance of the agreement or to terminate it in whole or in part. RentNet shall at all times be entitled in such circumstances to claim damages from the other party and to reclaim the goods supplied.
2. Should the other party wish to terminate the agreement, it must first give RentNet written notice of default and allow it a reasonable period in which to fulfil its obligations, or to remedy any shortcomings, which the other party must describe in detail.
1. All agreements between RentNet and the other party shall be governed exclusively by Dutch law.
2. All disputes between RentNet and the other party shall be settled by the competent ordinary court in Amsterdam.
3. Without prejudice to the provisions of paragraph 2, RentNet is entitled to bring a dispute before the
competent court in the place of residence or business of the other party.
RentNet is based in Hoofddorp, in the municipality of Haarlemmermeer, and is registered in the Commercial Register
under number 56371845. These terms and conditions have been filed with the Chamber of
Amsterdam and are also published on the RentNet website (www.RentNet.nl).
