General Terms & Conditions
1. GENERAL PROVISION
- Unless we have accepted deviating conditions in writing, any rental, sale, delivery or performance of work are at following conditions, whatever the buyer on the writings from him may have asked.
- These general terms and conditions are applicable to manipulation, crane works, as well as for transportation.
2. CONCLUSION OF THE AGREEMENT
- Current terms and conditions are accepted by the client by the mere transferring of an order or assignment. They always apply to everything rented, even if an appliance is rented without a written contract.
- Each price offer is valid for a maximum of 30 days. As long as it has not been accepted in writing by the client, Gheysens BV is not bound by it.
- Every offer from our company is based on the following conditions:
1. The client is obliged to provide all information about the transport and handling of goods and related loading and unloading places to unload and the roads to be followe
2. The client is obliged to protect the goods against the transport and handling risks and to provide them with suitable lifting equipment attachment and lashing points.
3. The client is obliged to ensure that the work site and the loading & unloading places are accessible and driveable, and that these places and accesses are cleared and the necessary space and safety is guaranteed.
The site access and site should be passable and adequate coverage provided for our equipment. The substrate is sufficiently stable for outrigger pressure and axle load of our cranes. We accept no liability for any damage to the road surface, pavement, fences, etc. The client must first take the appropriate precaution The client assumes all responsibility and costs for each condition indicated above that would not be fulfilled, as in the case of
any damage to the road surface and surface, even if the client was in good faith
- After receipt of an order for the rental of equipment or an order for execution of works, Gheysens BV is not obliged to a preliminary investigation of the condition of the yard or site.
- Unless prior written agreement, our prices include the performance of services during working days, during normal working hours, without interruption of performance, and to the exclusion of: authorizations of authorities, road signs, and work to reinforce or workplace.
- When a hoist or any other material, including or not an operator, is made available to the client on the basis of his order, the costs included in the rent are applicalble on the operator and on the equipment, including fuel.
- The minimum rental time is 4 hours for transport orders and 5 hours for cranes up to 100 tons, 8 hours for cranes from 100 tons, unless another agreement exists. Portions of hours are calculated as full hours.
- Several days where the vehicle remains on the same site are always with a minimum performance of 8 hours + displacement driver at € 0.85 / km:
- Surcharge for night work (between 6 pm and 6 am) & Saturday work (minimum effort 8 hours) € 25.00 / h.
Surcharge for Sundays and public holidays (minimum stake 8 hours): € 50.00 / h. Surcharge for overtime (> 8h): € 25.00 / h.
- The rental period starts from departure from our depot to return to our depot.
- The costs of supply and removal, assembly and disassembly of certain boom attachments, additional ballast weights and some outrigger plates cranes must be borne separately by the client.
- All changes to the performance conditions of the operations as indicated under 2 above, or all facts even of force majeure not attributable to our firm and which make the execution more expensive for our firm or cause delay, as well as all additional performances or rentals will cause an additional invoice by our company, at the rates by it applied.
- In the event of any damage to the equipment caused by the condition of the sites or resulting from incorrect information provided by the client (ex. With regard to the specified weights of the parts to be lifted), the rental price of the equipment is applied until the damage has been repaired. During the time required for repair a minimum rate of 5 operating hours per day is charged.
- Our company determines the method of execution of the services
- All deadlines stated by us serve as indicative target figures. Failure to comply with those terms are never to invoked against us as a damage element. Deadlines can never be invoked as a damage element.
- If a rented device cannot be used due to circumstances, the client can obtain no deviation from the provisions and rental conditions of rental agreement, except in the event of defective equipment.
Any damage that the client might suffer from work stoppage, regardless by the will of the Gheysens BV and its appointees cannot give rise to any compensation.
- There is no rent due for loss of time due to a possible defect in the rented equipment
if the repair takes more than one hour. Under no circumstances will any defect lead to the compensation of waiting hours or consequential damage of whatever nature to Gheysens BV.
- All our transports take place in accordance with the provisions of the CMR contract
and Transport Act of 25.08.1891.
The freight charge will in any case be due except in case of intent or gross negligence.
- If for any reason the transport orders accepted by us are not executed we owe no compensation, as we neither owe compensation in case of delay
- NATIONAL TRANSPORTATION:
Contrary to the legal rules as stipulated in art. 3 and 4 of the national transport law of 25.08.1891, we can never be held liable except in case of intent or gross negligence.
- Our services are deemed to have been accepted unless explicitly stated
By written comments from the client on our daily report.
- Any complaint related to the execution of the assignment must be submitted within 2 working days after signing the daily report at the end of the assignment are to be transferred by registered letter. Complaints should be explained in detail and motivated. After this period, all complaints are no longer admissible and has the client renounced to every complaint.
6. CANCELLATION OF THE ORDER
All unemployment costs of our equipment and staff, as a result of bad weather, poor site organization or late cancellation are your responsibility. If canceled the day before: After 14h00 50% of the amount will be charged, after 16h00 100% of the amount will be charged.
7. INSURANCE & LIABILITY
We cannot possibly be responsible for any or not already hidden damage present.
Includes: Legal Civil Liability Cover, for damage to third parties :
EUR 5,000,000 / claim. The insurance for non-material consequential damage
per claim: EUR 250,000 / claim. The CMR freight insurance for the insured goods during transport are insured according to the CMR conditions: 10 EUR / kg. For manipulation damage there is a maximum cover of EUR 500,000 / claim.
Exclusive: Supplementary lifting insurance and all-risk for goods with an increased risk, which could exceed the value above the CMR conditions
can be provided on request.
An extra insurance on the hook can be provided on request for the entrusted goods, if the replacement value is prior to the works can be communicated (target rate 2.5 ° / °°). The intervention will always be limited to the resale value before damage. The exemption in All Risk is a fixed amount of EUR 1250, and in BA Operations 10% of the damage amount with a min. 250 EUR and a maximum of 2500 EUR.
The damage not covered with a min. 250 EUR and a maximum of 2500 EUR. The risks not covered are borne by the client. Even with an All Risk coverage, no claim can be made on operating losses whatever their cause, production loss and consequential damages.
- The invoices of Gheysens BV are only payable in Bruges, at last 30 days after the invoice date.
- The due date counts as notice of default.
- VAT is payable by the client.
- If the invoice is unpaid on the due date, the amount will be legally increased without prior notice by default interest of 1% per month, counting from the due date and by 15% (with a minimum of 75.00 €) by way of intervention for the caused administration costs, disturbance in business planning, etc. except for the fact that the Gheysens BV can demonstrate higher damage as well as with
default interest of 1% per month, whereby part of a month applies as a whole month, until the day of full payment.
- Expired interests that are due for at least a full year in turn, at the same interest rate.
- Cash discount is not granted.
9. SPECIAL PROVISIONS
- The client is prohibited from recruiting or recruiting personnel from Gheysens BV whatsoever to use their services, unless with prior written consent. Violations of this article will give rise to law give to pay compensation to the Gheysens BV equals six times the gross monthly salary of the withdrawn staff member.
10. JURISDICTION AND JURISDICTION
- In the event of a dispute regarding the performance of the work and / or the
collection of the amounts due, are only the courts of Bruges