Terms and Conditions

Conditions for rental of machines and materials from Bove Verhuurmaatschappij BV

General

1.1 These General Terms and Conditions apply and are binding on all agreements for the rental by Bove Verhuurmaatschappij BV of goods and machines and materials to be carried out in the context thereof.

1.2 Agreements deviating from these General Terms and Conditions are only binding for the lessor if they have been expressly accepted and confirmed in writing by the lessor.

1.3 General terms and conditions of the client/tenant do not apply, unless this is expressly accepted and confirmed in writing by the lessor.

Offers

2.1 All offers from the lessor are without obligation and based on the information provided by the lessor at the start. Unless otherwise agreed, offers remain valid for a maximum of 2 months after signing.

2.2 Unless otherwise stated, all prices are in euros and exclusive of sales tax.

2.3 Deviations from offers made only bind the lessor if they have been agreed to and confirmed in writing by the lessor.

2.4 The daily and weekly prices are based on a use of 8 hours per day or 40 hours per week. For use of more than 8 hours per day or 40 hours per week, a surcharge to be determined by the landlord applies.

2.9 The lessor can never be held liable for inaccuracies or deviations with regard to images, stated sizes, capacity and weight.

Rental period

3.1 Rental agreements are deemed to have been entered into for a period of at least one day and for a maximum of the period stated in the agreement. The landlord is not obliged to extend the rental period.

3.2 When determining the rental period, unless otherwise agreed, all days, including absent days, Saturdays, Sundays, public holidays and other days off, are included and part of a day counts as a whole day. In the event of rain, frost delay or strike, the tenant owes the normal rent unless expressly agreed otherwise.

The agreed rental price is based on working hours per week determined by the Metal and Technology Collective Labor Agreement, namely 38 hours. If equipment is used for longer than this working time, the lessor reserves the right to increase the rental price proportionately. The tenant is obliged to provide the landlord with a statement of the hours worked outside the collective labor agreement working hours immediately after the end of each calendar week.

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The landlord has the right to adjust the rental price if the cost price makes this necessary.

The rent increase will take effect 4 weeks after the tenant has been notified in writing of the increase. The tenant has the right to terminate the rental if he does not agree with the increase. In that case, he will return the rented property immediately, i.e. within 1 day, at his expense.

3.3 The tenant must hand over the rental object to the landlord no later than on the day and time on which the agreement ends, unless it has been agreed in writing in good time to extend the agreement.

3.4 If the rental object is not returned within the agreed period, the lessor has the right to charge the rental price until the rental object is returned.

3.5 The rental period ends after the landlord has taken possession of the rental object through inspection and approval. Logging out and leaving the rental object unattended is not accepted by the landlord as an end of the rental period.

Delivery, collection and delivery time

4.1 Unless otherwise agreed, delivery and collection of the rental object will take place by the landlord at the address specified by the tenant on the ground floor and at the expense of the tenant.

4.2 The specified delivery time is only approximate. The lessor can never be held liable for exceeding and/or deviating from the delivery time. Delays that occur during loading, unloading and transport through no fault of the lessor as well as the repair time for repairs resulting from the tenant's negligence are considered normal rental time.

4.3 The rental object must be checked by the tenant immediately upon receipt. Complaints must be reported in writing immediately on the day of delivery. After commissioning, no more complaints will be accepted.

4.4 If delivery is postponed at the tenant's request, the landlord is entitled to charge the agreed rent or to terminate the agreement, unless the tenant has given at least 24 hours of notice when requesting a postponement.

4.5 If the rental object has to be returned by the lessor or a third party, the rental object will be checked upon return. The taking of the rental object by the lessor or his forwarder cannot be regarded as such a check. If damage, loss, failure to clean or incorrect packaging or security is discovered, the landlord will inform the tenant within 10 working days. After notification, the landlord can immediately replace or repair and charge the costs to the tenant.

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Risk

5.1 The rental object is at the tenant's risk from the moment it is made available to the tenant. The tenant must arrange for insurance with an insurance company established in the Netherlands.

Legal liability is arranged by the landlord. The equipment subject to WAM is insured by the lessor in accordance with the provisions of the Motor Vehicle Liability Insurance Act. Iluurder is obliged to insure the rented property in favor of the lessor against theft and damage caused by collisions or collisions or all other damage(s) not insured by the lessor insofar as the WAM and third party liability insurance does not cover. In the event of damage, the tenant is obliged to immediately report this to the landlord and confirm it in writing. Damage(s) not reported will be at the expense and risk of the tenant or user. A deductible of €2,500 applies per damage.

5.2 If damage/malfunction to the rental object occurs through no fault of the tenant, the tenant is entitled to replacement with equivalent material during the remainder of the agreement. Expenses or damage due to stagnation of work due to breakdown of the rental object cannot be recovered from the landlord.

5.3 In the event of theft damage, breakage or defect, the replacement value will be charged.

Tenant's obligations

6.1 The tenant must return the rental object in the same condition as the tenant received it, that is, maintained (except for normal wear and tear), cleaned and sorted and packaged in the same manner as upon delivery.
Any additional working time resulting from non-compliance or incomplete compliance with this obligation will be borne by the tenant.

6.2 Unless otherwise agreed, the tenant is obliged to pay the landlord a deposit to be determined by the landlord before the tenant takes delivery of the rental object. After receipt of the rental object back by the landlord, this deposit will be refunded to the tenant after deduction of any rental payments and/or damages and/or costs still due to the landlord.
If at any time during the term of the agreement the amount of the rent owed by the tenant exceeds the amount of the deposit
exceeds, the lessor is entitled to demand supplementation of the deposit with an amount to be determined by the lessor.

6.3 The tenant is obliged to use the rental object in accordance with its intended use and to maintain and care for it with due care, taking into account any prescribed operating instructions and safety regulations provided to the tenant. The tenant is responsible for using the correct energy supply, fuel and lubricants and for maintaining the oil level of the rental property during the entire rental period. The tenant is not allowed to make any changes

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to the rental object, or to carry out repairs yourself, except on the basis of express written permission given by the lessor. The tenant is obliged to immediately report any damage and/or defect to the rental object to the landlord in writing.

6.4 The tenant may not take and/or use the rental object outside the Netherlands without written and prior approval from the landlord.

6.5 The tenant is not permitted to sub-let the rented property to third parties or to lend it on loan without written permission from the landlord.

Ownership and Inspection

7.1 The lessor retains ownership of the rental object at all times and the lessor therefore reserves the right to check the rental object or have it checked at any time.

7.2 The tenant is obliged to provide his full cooperation in this regard, now and then.

Loss of material

8.1 Any alienation or encumbrance or relinquishment of the rental object, whether for profit or not, for the benefit of a third party is prohibited without the express written permission of the lessor. Paragraph 3 of this article applies mutatis mutandis.

8.2 The tenant must immediately notify the landlord of any seizure of its goods or part thereof and furthermore of its bankruptcy or suspension of payments and is obliged to always inform the bailiff, the curator or the administrator of the attachment with the landlord. existing rental agreement and undertakes to immediately return the rental object to the landlord.

8.3 If the rental object becomes defective during the term of the agreement, for whatever reason, or is lost in whole or in part or falls out of the tenant's control, the tenant must immediately inform the landlord of this and obliged to reimburse the costs within 8 days, so that the lessor can immediately purchase an equivalent item. Loss of rent must also be paid from the first day on which no rental payments can be received from the rental property. If a criminal offense has occurred, the tenant undertakes to immediately report it to the competent authorities and submit a copy of the report to the landlord.

Termination, cancellation and replacement

9.1 A rental agreement can always be terminated with immediate effect by returning and accepting the rental object by the lessor.

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9.2 If it has been agreed that the rental object will be collected by the landlord, at least 24 hours must be allowed for cancellation.

9.3 The lessor always has the right to replace the rental object with equivalent equipment without this giving the tenant any right to compensation.

Force majeur

10.1 Force majeure is understood to mean: any circumstance beyond the control of the lessor that temporarily or permanently prevents fulfillment of the agreement.

10.2 In particular, force majeure applies, insofar as this is not already included in the provisions of paragraph 1, war, danger of war, civil war, riot, strike, transport difficulties, fire and other serious disruption in the lessor's company or that of its suppliers.

10.3 In the event of force majeure, the lessor has the choice to either extend the delivery period due to the force majeure or to terminate the agreement, without the lessor being obliged to pay any compensation in any form.

Payment

11.1 Unless expressly agreed otherwise, the rental of equipment takes place exclusively on the basis of payment in advance.

11.2 If payment on account is agreed, payments must be made within 14 days after the invoice date into an account to be designated by the lessor without any deduction, settlement or discount.

11.3 If the agreed payment term is exceeded, any discounts will lapse and the lessor has the right to charge the full rental price.

11.4 If the tenant has not paid within the agreed period, the tenant is deemed to be in default by operation of law and the landlord is entitled to compensation of interest equal to 1.5% per month from the due date without any notice of default being required.

11.5 All reasonable costs incurred in collecting the claim, both judicial and extrajudicial, will be borne by the negligent tenant.

11.6 The extrajudicial costs are always equal to 15% of the overdue amount with a minimum of € 300.00. The costs as stated under 11.5 and 11.6 will be increased by € 40.00 administration costs.

Liability

12.1 The tenant and the person who has the rental object collected or signs the rental agreement remain liable at all times for the rental object and for paying the rental fees and additional costs.

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12.2 Except in the case of intent or gross negligence on the part of the lessor, all liability towards the lessor for damage resulting from defects in or to rented goods or work performed (including risk of breakage of glass), both by the tenant and by third parties, is expressly excluded.

12.3 Except for intent or gross negligence, the lessor is also not liable for errors by the lessor's staff or persons engaged by the lessor in the context of the execution of the rental agreement.

12.4 Unless express written confirmation, the lessor is in no way bound by agreements with subordinate members of the tenant's staff.

12.5 The landlord accepts no liability for errors or defects in data made available by third parties or the tenant.

12.6 The landlord accepts no liability whatsoever for external disasters, for example water damage as a result of leakage from the rental object.

12.7 Liability for damage during, during or after repair, inspection, (dis)assembly, storage, accommodation or maintenance of equipment to third parties is expressly excluded.

Staff

13.1 If the rental agreement also includes the provision of personnel, the lessor will ensure that the personnel have the expertise, qualifications and requirements as further specified in the applicable legislation and, if necessary, in the agreement and that the personnel are fully is qualified to perform the work as indicated in the agreement.

13.2 If the renter makes personnel available to operate the equipment, the renter will ensure that the personnel he instructs and/or hires to operate the equipment have full expertise, qualifications and requirements to perform the perform work with the equipment.

The renter is fully responsible for the personnel that the renter makes available to operate the equipment.

13.3 The tenant will be fully responsible and liable and the tenant fully indemnifies the landlord against all consequences, damage, costs and loss resulting from any act or omission of the staff, unless in the event of intent on the part of the staff with the aim of cause loss.

13.4 The staff should be regarded as hired staff. The staff will carry out the work under the supervision, direction and control of the tenant and on behalf of the tenant.

13.5 The renter will be fully responsible for and ensure a safe

Page 6 of 7 General terms and conditions for rental of machines and materials at Bove Verhuurmaatschappy BV working environment for the staff and compliance with (occupational health and safety) legislation during the project and/or rental. The tenant will indemnify, defend and hold harmless the landlord against and in respect of all claims, demands, actions and proceedings that are alleged and/or instituted against the landlord and/or staff and/or the landlord's subcontractors in respect of any event, loss , costs, fines or damages for which the tenant is responsible according to this article.

13.6 Renter will act in accordance with all rules, regulations, regulations and measures relating to safety, environment, health and working conditions.

Cancellation

14.1 In the event of cancellation of the agreement by the client for whatever reason, the lessor reserves the right to demand compliance.

14.2 If the landlord accepts a cancellation, the landlord is entitled to charge the tenant for all costs incurred up to that point, as well as a percentage of 25% of the amount involved in the agreement, in respect of loss of profit.

14.3 The tenant does not owe any compensation if the tenant has given notice of cancellation at least 24 hours in advance.

Suspension and dissolution

15.1 If the tenant does not fulfill the obligations arising from the concluded agreement, or does not do so on time or properly, or if there is a well-founded fear of this, as well as in the event of bankruptcy or suspension of payment of the tenant or in the event of closure, sale or liquidation of his company, the lessor is entitled to suspend the execution of the agreement for a reasonable period or to dissolve the agreement without any liability in the broadest sense of the word.

15.2 The claim regarding the part of the agreement that has already been executed, as well as the damage resulting from the suspension or dissolution, including lost profit, is immediately due and payable.

Governing Law/Disputes

16.1 All agreements concluded by the lessor are exclusively subject to:
Dutch law applies.

16.2 All disputes arising from or arising from agreements concluded with the lessor will be submitted to the competent court of the place where the lessor is established or a court in the Netherlands designated by the lessor, subject to Dutch law.

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