Article 1: Applicability of the Terms and Conditions of Hire

1.1. These stipulations shall apply to all transactions conducted by Kooyman B.V. concerning the leasing of an item or items of property, as delineated within the contract, and the associated operational activities.

1.2. By affixing their signature to the contract of hire, the lessee, formally declares their consent and acceptance of these terms and conditions.

Article 2: Commencement of the Agreement

2.1. All proposals and quotations submitted by the user, irrespective of their format, are non-binding unless a stipulated period for acceptance is included in the offer. The rental agreement for all items of property is effectuated at the moment the lessee and Kooyman B.V. execute the contract or reach a verbal accord, and shall commence:

• For self-collection: at the moment the lessee takes receipt of the rented item(s) at the Kooyman B.V. premises.

• For delivery: at the moment the rented item(s) are loaded by Kooyman B.V.

2.2. The lessee shall be liable for rent for all working days falling within the rental term, even if the work is suspended due to inclement weather (such as rain or frost) or a labour dispute, unless otherwise agreed upon in advance.

2.3. Should the hired item(s) be reported as standing idle during the rental period, the lessee will be charged 25% of the daily rate(s) for each day of inactivity, unless an alternative arrangement has been established with the lessor.

2.4. Trailers must be returned prior to closing time, unless otherwise agreed upon

The lessee shall be liable for rent for all working days falling within the rental term, even if the work is suspended due to inclement weather (such as rain or frost) or a labour dispute, unless otherwise agreed upon in advance.

 

Article 3: Geographical Jurisdiction

The relocation and utilisation of the leased property outside the national borders of the Netherlands is, as a matter of principle, strictly prohibited. Any deviation from this stipulation shall only be permissible following a formal agreement established between the lessee and Kooyman B.V.

 

Article 4: Termination of the Agreement

4.1. The agreement shall terminate upon the expiration of the stipulated rental term. The lessee shall be deemed to be in default should they fail to comply with any obligation arising from the agreement, or fail to do so in a timely manner. In the event of such default, Kooyman B.V. shall be entitled, without any obligation to pay damages and notwithstanding its accruing rights, to dissolve the agreement entirely or partially by means of a written declaration directed to the lessee, and/or to immediately demand payment of the full amount potentially owed by the lessee to Kooyman B.V., and/or to invoke its right of retention of title.

4.2. Should the lessee fail in the performance of the agreement, or in cases of suspension of payment, bankruptcy, cessation of operations, or liquidation of the lessee’s business, Kooyman B.V. may terminate the rental agreement without requiring a judicial decision, without prejudice to Kooyman B.V.'s right to compensation for costs, loss, and interest.

4.3. The rental period shall continue without a receipt countersigned by the lessor!

4.4. In the aforementioned instances, Kooyman B.V. shall be entitled at all times to repossess the leased property from the lessee (right of retention of title), without any prior notice of default or announcement. The lessee is obliged to render all desired cooperation to Kooyman B.V. Kooyman B.V. shall not be held liable for any loss or detriment suffered by the lessee or by third parties in connection with the repossession of the property or the termination of the rental agreement.

 

Article 5: Rental Fees

5.1. The established rental fees are provisionl and are documented in the rental schedule as prepared by Kooyman B.V. Kooyman B.V. retains the prerogative to amend the rental charges should the cost price necessitate such a modification.

5.2. Half-day rates for the hire of equipment are predicated upon a maximum utilisation period of four (4) hours. These four hours must occur either prior to 12:00 P.M. or subsequent to 12:00 P.M. The standard daily rates for equipment hire, as delineated in the Kooyman B.V. rental schedule, are based on a maximum lease/utilisation of eight hours per day, five days per week. A supplementary charge shall be levied for utilisation extending beyond eight hours per day. All prices are exclusive of VAT, maintenance costs, insurance contributions, fuel, lubricants, and transport fees. Disclosure is mandatory should the equipment be used during the weekend or during evening hours.

5.3. A security deposit may be required from the lessee upon the collection of a property item. This security deposit shall be determined in proportion to the declared rental period and the intrinsic value of the leased property.

5.4. First-day pricing is inclusive of one full tank of fuel.

 

Article 6: Limitation of Liability

Kooyman B.V. shall, under no circumstances, be held liable for any direct or indirect damages (or loss), even subsequent to a formal notification of default, if Kooyman B.V. fails to provide the rented goods to the lessee, or provides them incorrectly or belatedly. Should the ordered goods be out of stock, Kooyman B.V. reserves the right to deliver an alternative item, following consultation, that possesses equivalent capabilities to the originally requested item.

                                                                             

Article 7: Liability for Damage and Loss

7.1. Any damage sustained during the rental period must be reported to Kooyman B.V. immediately upon discovery. The lessee is obligated to compensate Kooyman B.V. for any damage to the rented equipment arising from their actions or from circumstances which are legally deemed to be at their risk. This compensation requirement also applies to damage to components and/or accessories of the property leased from Kooyman B.V. Furthermore, the lessee remains liable for all consequential damages suffered by Kooyman B.V. as a result.

7.2. For goods reported as lost that are subsequently found and returned by the lessee, the lessee shall pay the accrued rental fee, reduced by the already invoiced replacement value.

7.3. The liability of Kooyman B.V. is expressly limited to direct property damage and personal injury to the lessee’s persons and property, provided such damage is caused by a demonstrable defect in the rented item or by wilful intent or gross negligence on the part of Kooyman B.V. Furthermore, the liability of Kooyman B.V. is restricted to the amount disbursed under its liability insurance policy in the event concerned. Liability for any other consequential loss and financial detriment, however designated—including the rental/purchase of a replacement item, loss of turnover and/or profit, delay damages, and standing time losses—is explicitly excluded. The lessee shall indemnify Kooyman B.V. against all third-party claims based on damages related to the leased property.

7.4. Kooyman B.V. hereby declares that a liability insurance policy, which conforms to the requirements set by or pursuant to the Motor Vehicle Liability Insurance Act (WAM), has been secured for objects falling under the scope of said Act. However, the following shall be borne by the lessee, who shall indemnify Kooyman B.V.:

7.5. Any debts, in the form of fines, incurred during the use of a trailer (the leased item), shall be at the lessee's expense. Invoices for these fines will be forwarded.

• Damage to third parties which is compensated by the insurer under the aforementioned Act, but for which no coverage exists under the policy conditions.

• The deductible, as stipulated in the liability policy.

• Damage and consequential damage to above-ground and underground pipes or cables.

7.6 The lessee shall be held liable irrespective of whether they are at fault for the loss, theft, or the rendering of the leased property, components, and/or accessories unusable or worthless. The lessee is obligated to implement preventative measures to preclude the theft of the rented property, given the fact that the lessee maintains a duty of restitution, which is not extinguished even by chance occurrence or third-party intervention.

7.7. In the event of excavation activities, you remain solely responsible for cable damages. We advise you to submit a Klic report before commencing excavation, however, you remain fully responsible at all times.

 

Article 8: Cost of Expert Assessment

The expenditure incurred by Kooyman B.V. for expert assessment aimed at determining the extent of damage, repair, and cleaning costs to the leased property shall be borne directly by the lessee.

 

Article 9: Operational Conditions

9.1. The lessee shall only utilise the property for the specific purpose for which it was designed. Any damage arising from inappropriate use of the leased item shall be charged to the account of the lessee. The operational and usage instructions provided by Kooyman B.V. must be adhered to at all times.

9.2. The lessee hereby consents to return the leased property to Kooyman B.V. at the agreed upon time and in the identical condition in which it was received at the commencement of the hire period. The lessee must return the goods in a cleaned state. Any additional labour hours expended by Kooyman B.V. and costs resulting from the failure to perform cleaning shall be invoiced to the lessee.

 

Article 10: Obligations of the Lessee

10.1. The lessee hereby consents to grant Kooyman B.V. access to the leased property at all times, to reject any claims on the item by third parties, and to indemnify Kooyman B.V. against such claims.

10.2. Loss, alienation, destruction, theft, embezzlement, or encumbrance of the property must be communicated in writing to Kooyman B.V. immediately upon discovery, given that the leased property remains the sole property of Kooyman B.V. at all times.

10.3. The lessee is strictly prohibited from sub-letting the leased item to third parties or otherwise relinquishing its use to them.

10.4. Any malfunction in the operation of the property must be reported to Kooyman B.V. upon detection. The lessee is only permitted to undertake repairs themselves if Kooyman B.V. has granted written consent for such action.

10.5. The lessee is responsible for the correct utilisation of the property. Where the lessee cannot furnish proof that the operating personnel are sufficiently skilled and authorised, damages arising from careless, injudicious, or unauthorised use shall be recovered from the lessee. Operating personnel must be a minimum age of 18 years.

10.6. The lessee must be able to present a valid form of identification and an extract from the Chamber of Commerce upon the hiring of a property item. Kooyman B.V. retains the right to record the number of the identity document at any time.

 

Article 11: Assumption of Risk During Transportation, Loading, and Offloading

The lessee shall assume liability for the risk of loss or damage to the leased property throughout the entire rental period, including during any transportation that the lessee undertakes themselves. The lessee is obligated to package and load the rented goods in strict compliance with the nature of the goods and the prescribed mode of transport. The goods must be loaded diligently to ensure that no damage occurs during transit due to the shifting or overturning of the cargo. If, at the lessee's request, the services of Kooyman B.V. employees are utilised during the loading/offloading of the leased property, this shall occur entirely at the lessee's own risk.

 

Article 12: Restitution of the Hired Property

Should the rented goods not be returned to the premises of Kooyman B.V. immediately following the expiration of the rental term, the lessee shall be deemed in default by operation of law. The rental agreement shall be terminated by the untimely return of the leased goods to Kooyman B.V.; however, the full risk and liability shall remain with the lessee. Furthermore, the lessee is obligated in this event to continue the payment of rent until the moment Kooyman B.V. regains complete disposition of the goods.

 

Article 13: Payment Conditions

13.1. Should the lessee fail to fulfil their payment obligation within 30 days following the invoice date, they shall be deemed in default by operation of law. In the event of the aforementioned default, Kooyman B.V. may terminate the rental agreement extrajudicially and immediately retrieve the leased items. All associated costs and any consequential damages suffered by Kooyman B.V. as a result shall be borne by the lessee.

13.2. Kooyman B.V. retains the right to initiate debt collection proceedings when the lessee is in default. The costs associated with this procedure shall be at the expense of the lessee.

 

Article 14: Insurance Coverage Against Damage

With the mandatory insurance policy that you conclude with us, you are exclusively covered for third-party liability (TPL). A deductible (excess) of €750.00 shall apply per claim; in the specific event of damage to underground cables, a deductible of €1,500.00 shall apply.

 

Article 15: Concluding Provision

15.1. All disputes arising from, or relating to, any agreement concluded with Kooyman B.V. shall be adjudicated exclusively by the competent court within the judicial district of Amsterdam, under the exclusive application of Dutch Law.

15.2. Deviations from these terms and conditions shall only be deemed valid if they have been formally agreed upon in writing.