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General terms and conditions

For rent

Article 1 Applicability of these terms and conditions

  1. These terms and conditions apply to all estimates, quotations, order confirma tions and agreements, with regard to the delivery of goods and services, here in after referred to as “products”, by HOLOCONNECTS in Culemborg under Chamber of Commerce no.: 78123569, hereinafter referred to as “Provider”, to the other party, hereinafter referred to as “Customer”, hereinafter jointly referred to as; “Parties”.
  2. Terms and conditions in deviation from this only apply insofar as the Provider has expressly accepted them in writing and only apply to the relevant agreement(s).
  3. If one or more provisions in these General Terms and Conditions are declared null and void or are declared null and void, the other provisions of these General Terms and Conditions remain fully applicable. The Supplier and the Customer will then enter into consultation in order to agree on new provisions to replace the void or annulled provisions, taking into account as much as possible the object and purport of the original provisions.
  4. The Provider reserves the right to change or supplement these general terms and conditions. Changes and additions will be communicated to the Customer in writing.
  5. These General Terms and Conditions also apply to all agreements with HOLOCONNECTS for the execution of which a third party must be involved.

Article 2 Acceptance

  1. The Terms apply to the Contract to the exclusion of any other terms and conditions that the Customer attempts to impose or incorporate, or that are implied by trade, custom, practice or course of action.
  2. The Order constitutes an offer by the Customer to rent the Equipment in accordance with these Terms and Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
  3. The Order is only deemed to have been accepted when HOLOCONNECTS issues a written acceptance of the Order, at which point the Contract is concluded.
  4. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that he has not relied on any representation, promise, statement, insurance or warranty made or given by or on behalf of HOLOCONNECTS that is not set out in the Contract.
  5. All samples, drawings, descriptive materials or advertising produced by HOLOCONNECTS and any descriptions or illustrations in HOLOCONNECTS catalogues or brochures are produced solely for the purpose of providing an estimate of the equipment described therein. They are not part of the Contract and have no contractual force.
  6. Suitability for use is up to the Customer to determine, no performance target is expressed or implied by HOLOCONNECTS. The equipment may appear to offer similar or similar specifications to the products of other manufacturers, but will not necessarily perform identically to the products of such other manufacturers.
  7. An offer made by HOLOCONNECTS for the Equipment does not constitute an offer. An offer is only valid for a period of thirty (30) days from the date of issue and is subject to the availability of the Equipment.

Artikel 3 The Rental Period

  1. The Rental Period is as set out in the Order, unless the Contract is terminated earlier in accordance with these Terms.
  2. The Rental Period may be extended with the mutual written consent of both parties and the daily rate set out in the Order shall apply to each extended Rental Period.
  3. If the Rental Period has not been extended in accordance with Article 3.2 and the Equipment is not returned to HOLOCONNECTS on the return date specified in the order, the Customer will be charged at the daily rate set out in the Order until the Equipment has been returned to HOLOCONNECTS.

Article 4 Delivery

  1. HOLOCONNECTS will deliver the Equipment to the location specified in the Order or any other location that the parties may agree at any time after HOLOCONNECTS has informed the Customer that the Equipment is ready for delivery.
  2. The delivery times specified by HOLOCONNECTS are only approximate and the time of delivery is not essential. It is expressly agreed that HOLOCONNECTS is not liable to the Customer for any delay in the delivery or condition of the Equipment or otherwise.

Article 5 Title

  1. The Equipment remains the property of HOLOCONNECTS at all times and the Customer has no right, title or interest in or to the Equipment (except for the right to own and use the Equipment under these Terms and Conditions).
  2. The Customer shall immediately notify HOLOCONNECTS in the event that the Equipment is lost, stolen or damaged as a result of the Customer’s possession or use of the Equipment or if there is a claim or, for whatever reason, a threat of seizure of the Equipment.
  3. The risk of loss, theft, damage, water damage or destruction of the Equipment shall pass to the Customer upon delivery of the Equipment to the Customer, or, if applicable, the agent appointed by the Customer. The Equipment remains at the Customer’s own risk during the Rental Period and any further period during which the Equipment is in the Customer’s possession, custody or control (“Risk Period”) until the Equipment is returned to HOLOCONNECTS.

Article 6 Training

  1. The Customer declares and acknowledges that he has the necessary knowledge and experience to operate the Equipment.
  2. Holoconnects representatives can be called in to provide the customer with training of starting operators, if necessary and requested by the customer. For the avoidance of doubt, the cost of training starting operators is not included in the Order and will be stated separately upon request.

Article 7 Liability and defective equipment

  1. In the event that the equipment experiences a malfunction due to a defect in materials or workmanship, HOLOCONNECTS’ liability is limited to the cost of repair, including parts and labor, to restore the equipment to full operation.
  2. HOLOCONNECTS may, at its sole discretion, extend the Rental Period free of charge for the Customer for the time necessary to replace or repair the Equipment. HOLOCONNECTS is not obliged to bear the costs of the Customer’s labor or standby time in connection with a malfunction, nor any costs related to the delay of the Customer’s projects.
  3. Without prejudice to clause 7.4, holoconnects’ maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising from contract, defect (including negligence), misrepresentation or otherwise, shall in no case exceed the cost of fulfilling its obligation under clause 7.1.
  4. Nothing in these Terms shall render HOLOCONNECTS’ liability for death or personal injury caused by its own negligence or the negligence of its employees, agents or subcontractors (if applicable); or fraud or fraudulent misrepresentation.
  5. These Terms describe the full extent of HOLOCONNECTS’ obligations and liabilities with regard to the Equipment and its rental to the Customer. In particular, there are no conditions, warranties or other conditions, express or implied, including with respect to quality, fitness for a particular purpose or any other kind, that are binding on HOLOCONNECTS, except as specifically stated in these Terms. Any condition, warranty or other condition relating to the Equipment that might otherwise be implied in or included in the Contract, whether by law, common law or otherwise, is expressly excluded.
  6. HOLOCONNECTS is not liable to the Customer for: loss of profit, loss of income, loss of business, & indirect or consequential damages, in any case, however, even if it is foreseeable.

Article 8 Obligations of the customer

During the term of the Contract, the Customer shall:

  1. at its expense and at all times during the Rental Period, to keep and maintain the Equipment in good and substantial condition, condition and appearance in order to keep it in as good an operational condition as on the effective date of the Contract (fair wear and tear accepted only);
  2. use all equipment only for the purposes for which it was designed and operate in a careful, prudent manner and in accordance with the instructions for use;
  3. comply with any laws, regulations, rules or ordinances of legally constituted authorities relating to the possession, use, storage and transportation of the Equipment;
  4. maintain effective control over the equipment and keep the equipment in a safe and convenient environment when not in use;
  5. ensure that the equipment is operated only by a sufficient number of authorised persons duly instructed on its safe operation in accordance with the manufacturer’s operating manuals, instructions and safety warnings;
  6. obtain any required licenses or other authorizations necessary for the use, registration or handling of a specific device or technology, and ensure that it fully complies with all relevant legal requirements. HOLOCONNECTS reserves the right to request proof of such consents before the start of the Rental Period;
  7. (if applicable) obtain any required licenses or other permits necessary for the export, re-export and return of the Equipment;
  8. ensure that there are no unauthorized transfers or diversions of the Equipment;
  9. if the Equipment is transferred to countries where a regulatory authority requires details of the intended use of the Equipment, the Customer shall provide HOLOCONNECTS with an “End User Statement” upon request;
  10. if applicable, do not allow the Equipment to be transferred to countries prohibited by the Department of Commerce or the U.S. Bureau of Foreign Commerce;
  11. remove, modify, disfigure or hide any numbering, letter or insignia displayed on the Equipment or any warnings or documentation thereon;
  12. not to copy or reproduce the Equipment or any part or component of the Equipment in any way;
  13. not to carry out any work in or on the Equipment, or to allow any person to carry it out, or to make changes, modifications, alterations or repairs to the Equipment, to open product without consultation with Holoconnects;
  14. Allow HOLOCONNECTS or its representatives to inspect the Equipment at all reasonable times and to enter the location or location where the Equipment may be located for such purpose, and will provide reasonable access and facilities for such inspections;
  15. keep the Equipment free of liens, claims, costs and charges during the Rental Period;
  16. keep HOLOCONNECTS fully informed of all material matters relating to the Equipment;
  17. deliver the Equipment at the end of the Rental Period or upon prior termination of the Contract to the address required by HOLOCONNECTS, or if necessary grant HOLOCONNECTS or its representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment.
  18. The Customer shall package the Equipment using the standard packaging materials, if applicable; and do nothing or allow the insurance referred to in Article 11 to become invalid.

Article 9 – Prohibition

The tenant is forbidden to open the rented property without consultation or to repair defects independently, either for a fee, to transfer it to third parties in use or to rent/ lend to another person, or to transport the rented property.

Article 10 Indemnification

The Customer agrees to indemnify and hold holoconnects and its directors, officers, employees and agents harmless from and against all liability and costs (including legal costs based on full indemnification) however arising or incurred, in respect of:

  1. loss of or damage to property of the Customer, whether owned, leased or rented, arising out of, in connection with or in connection with the performance or non-performance of the Contract;
  2. injury to or death of any person employed or employed by the Customer as a result of, in connection with or in connection with the performance or non-performance of the Contract.

Article 11 Insurance

  1. During the Rental Period and the Risk Period, the Customer shall, at his own expense, provide and maintain the following insurance policies:
    • insurance of the Equipment against loss due to all risks of bodily loss or damage due to fire, theft or accident, for an amount equal to the full replacement value;
    • insurance for amounts that a prudent owner or operator of the Equipment would insure for, or an amount that HOLOCONNECTS may reasonably require from time to time, to cover risks of third parties or public liability of any kind and however that arise in connection with the Equipment;
    • insurance against all other or further risks relating to the Equipment that may be required by law, together with insurance that HOLOCONNECTS from time to time reasonably deems necessary and advises the Customer.
  2. All insurance policies purchased by the Customer are required to notify HOLOCONNECTS in writing at least twenty (20) business days in advance of cancellation or material change (including any reduction in coverage or policy amount) and will, upon request, list HOLOCONNECTS on the policies as a loss payer in respect of any claim relating to the equipment. The Customer is responsible for paying any excesses due on claims under such insurance policies.
  3. The Customer shall immediately notify HOLOCONNECTS in writing in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Customer’s possession or use of the Equipment. The Customer shall, at the request of HOLOCONNECTS, provide HOLOCONNECTS with insurance certificates attesting to the coverage required in Article 10.1. If the Customer fails to install or maintain insurance or to provide sufficient proof thereof, HOLOCONNECTS may refuse to supply the Equipment. If the Customer is confident, he will provide written proof of such a fact upon request to the satisfaction of HOLOCONNECTS. The provision of insurance required herein does not release the Customer from any responsibilities or obligations set out in the Contract or for which the Customer may be legally or otherwise liable.

Article 12 Payment terms

  1. HOLOCONNECTS will invoice the Customer for the Rental Payment(s) in accordance with the Order.
  2. The Customer must make payment within fourteen (14) days of the date on the invoice received from HOLOCONNECTS, unless credit conditions are made available to the Customer by HOLOCONNECTS.
  3. The customer must pay 50% before the start of the rental period, the remaining 50% within 14 days after receipt of the invoice.
  4. The final invoice amount is based on the actual return date of the Equipment. If the Equipment is returned later than the return date stated in the Order, the Customer will be charged at the daily rate stated in the Order until the Equipment has been returned to HOLOCONNECTS.
  5. If the agreement is terminated prematurely in accordance with Articles 14 and/or 15, the lessor will not refund part of the rent after termination.
  6. If the Customer does not make any payment due to HOLOCONNECTS under the Agreement on the due date for payment, the Customer shall, without limiting HOLOCONNECTS’ legal remedies pursuant to Article 12, pay interest on the overdue amount at the rate of 2.5% per month. This interest accrues daily from the due date until the actual payment of the overdue amount, both before and after the decision. The Customer pays the interest together with the overdue amount.
  7. Upon return of the Equipment, the final invoice will be prepared and submitted and will represent the outstanding costs for the total Rental Period, as well as any applicable costs.
  8. All amounts due under the Contract will be paid in full without any set- off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  9. All disassembly, packaging, transport and/or shipping costs not included in the Contract shall be borne by the Customer.

Article 13 Additional costs

  1. In addition to the Rental Payment(s) specified in the Order, HOLOCONNECTS has the right to charge additional costs in the relevant circumstances:
    • for loss of or damage to the Equipment as a result of the Customer’s failure to comply with these Terms;
    • if the Equipment is damaged and can be repaired, for loss of rental income during the period that the Equipment is repaired, provided that such additional costs cease when the Equipment is returned to full condition;
    • if the Equipment is damaged and cannot be repaired (i.e. it is depreciated) or if the Equipment is lost or stolen, for loss of rental income during the period from the date the Equipment is damaged, lost or stolen until the date on which HOLOCONNECTS receives an amount equal to the full replacement value of the Equipment;
    • for outgoing delivery and/or collection of the Equipment, including any disassembly, packaging, transport and shipping costs;
    • for holoconnects packaging materials if such materials are not returned to HOLOCONNECTS at the end of the Rental Period or upon prior termination of the Agreement;
  2. HOLOCONNECTS will invoice the Customer for any Additional Charges in accordance with Article 11 and VAT (and any other applicable taxes) will be applied to any Additional Charges.
  3. If the tenant does not comply with Article 9, a fine of € 26,000 will be imposed and the rental agreement will be dissolved immediately. We refer to article 14 “dissolution of the agreement”.

Article 14 – Termination of the agreement

  1. Written cancellation must be made in writing no later than 1 month(s) before the desired end of the rental period.
  2. The parties may terminate the rental agreement prematurely at any time with due observance of the notice period agreed between the parties.

Article 15 Dissolution of the agreement

  1. Without prejudice to any other right or remedy available to it, HOLOCONNECTS may terminate the Agreement with immediate effect without judicial intervention, by notifying the Customer in writing if:
    • the Customer fails to pay any amount due under the Contract on the due date for payment and defaults at least five (5) Business Days after it has been given notice of default to make such payment;
    • the tenant is declared bankrupt, or the tenant has applied for suspension of payment;
    • all or part of the tenant’s assets are seized;
    • the lessee dies or in the event of dissolution of a legal entity;
    • if the tenant does not comply with Article 9.

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