RENTAL MEDIQ GENERAL TERMS AND CONDITIONS OF RENT registered on 8th November 2006 at the Court of The Hague with number 87/2006. ARTICLE 1. PARTIES The applicability of the following general terms and conditions of rent have been agreed between the hirer and Rental MediQ. ARTICLE 2. APPLICABILITY These general terms and conditions of rent shall apply and form part of any rental agreement under which Rental MediQ places an object at the disposal of the hirer. Any deviation from the provisions of these General Terms and Conditions of Rent and the rental agreement shall only be permitted if they have been agreed in writing by both parties. ARTICLE 3. RENTED OBJECT The rented object in these general terms and conditions of rent shall be understood to be: the rental object that has been described in the rental agreement. ARTICLE 4. INSPECTION The hirer is entitled, at his or her own expense, to inspect the rental object prior to signing the rental agreement, to determine whether it is suitable for the purpose that the hirer intends for it. If the hirer omitted to inspect the rental object prior to signing the rental agreement, the rental object will be considered suitable for the purpose that the hirer intends for it, at the time of delivery. ARTICLE 5. USE The hirer shall use the object exclusively for the agreed purpose for the entire duration of the rental agreement. ARTICLE 6. PROHIBITIVE PROVISIONS The hirer may not: - use the object in such a way that it may be damaged or harm third parties; - make modifications or additions to the object or have them made by third parties. ARTICLE 7. SUBLET 1. In principle, Rental MediQ grants the hirer permission to make the rental object available to third parties for hire, sublet or use, provided the stipulations in Section 3 of this Article are observed. 2. Rental MediQ is entitled to set further conditions for the permission referred to in Section 1 of this Article. 3. The hirer remains responsible for all obligations under the rental agreement, without prejudice to the liability of third parties. ARTICLE 8. PENALTY CLAUSE The hirer will forfeit to Rental MediQ a fine of € 250.00 per day, payable forthwith, for each day, or part thereof, that the hirer is in breach, if the hirer, after having been declared to be in default by Rental MediQ, fails to comply with the obligations resulting from or connected with this rental agreement and the stipulations contained in these general terms and conditions of rent. The foregoing is without prejudice to Rental MediQ's right to full compensation for any damages. ARTICLE 9. PAYMENT 1. The rental shall be due in advance every month. If the hirer fails to pay the instalment due or fails to pay it before the due date, the hirer shall be adjudged in default by the mere fact that the due date has been exceeded, without any warning or notice of default being required. The date of payment shall be the date upon which the payment is transferred to Rental MediQ's account. 2. In the event the rental is paid after the due date, the hirer shall owe a monthly interest of 2% on the unpaid amount. If the rental is not paid by the due date, Rental MediQ shall declare the hirer in default. If Rental MediQ is subsequently obligated to take measures to collect the resultant debt, Rental MediQ shall be entitled to charge the hirer 15% of the amount not paid on time. 3. Rental MediQ is entitled to adjust the amount of rental from 1 July each year. 4. The costs of delivery and transfer are the responsibility of the hirer. ARTICLE 10. END OF RENTAL AGREEMENT 1. At the end of the rental agreement or the end of the renter's use of the object, the hirer shall undertake to return the object or have it returned to Rental MediQ in satisfactory condition, taking normal wear and tear into account. 2. Any damage to the object established after the end of the agreement caused, in the view of Rental MediQ, by improper use, shall be laid down by Rental MediQ in an inspection report, a copy of which shall be issued to the hirer. If the hirer does not give notice of disagreement with the content of the inspection report by sending Rental MediQ a registered letter within ten days after dispatch of said inspection report, the hirer shall be considered to be in agreement therewith. The costs to be incurred as a result of repair of the aforementioned damage or replacement shall be borne by the hirer. ARTICLE 11. DAMAGE AND LIABILITY 1. The hirer shall take immediate measures to prevent and limit any damage to the rented object, such as damage caused by short circuit, fire or leakage. 2. The hirer is in any case responsible to Rental MediQ for: - all damage and losses to the rental object, unless the hirer proves that he or she, his or her staff or other persons for which the hirer is responsible, are not responsible for the loss or damages, and that they cannot be held to have been negligent in this regard; - any damage resulting from modifications or additions to the rental object, made by him or her or on his or her behalf. 3. Except for a deliberate act or gross negligence by Rental MediQ or its personnel, insofar as its personnel is acting in accordance with express instructions from Rental MediQ, Rental MediQ is not liable for any compensation for damage or injury of whatever nature, direct or indirect, including consequential losses, to goods, property or persons, at the premises of the hirer or those of any third parties. In any case, Rental MediQ is not liable for any (consequential) damage resulting from or caused by the use of the rental object or by its unsuitability for the purpose for which the hirer has rented it. 4. Rental MediQ shall not be liable for any events as a result of incorrect data or advice of the personnel of Rental MediQ and/or inaccurate data from brochures and/or other promotional information. 5. Rental MediQ shall not be liable for damage or injury of whatever nature, direct of indirect, suffered by the hirer as a result of activities performed by other renters or parties. 6. In the event that it should be established in Court that Rental MediQ, notwithstanding the above, is liable, on whatever ground, the liability of Rental MediQ shall be limited at all times to an amount equal to the rent of the rented object with which the liability is related or from which the liability follows. 7. Hirer shall indemnify Rental MediQ for all liabilities of third parties of any kind. ARTICLE 12. INSURANCE 1. Hirer shall insure and keep the object insured against any damages. Hirer shall pay the insurance cost in time. The deductible shall be entirely at the expense of the hirer. Rental MediQ is not liable for inaccurate payment of the insurance cost nor for the contents of insurance policy. 2. All claims of the hirer on the underwriters of the rented object by virtue of said insurance policy shall be pledged by the lessee to Rental MediQ in the manner laid down in article 3:239 of the Dutch Civil Code as additional security for any claims of Rental MediQ on the hirer, as soon as Rental MediQ expresses this wish. ARTICLE 13. DEPOSIT 1. Upon signature of the rental agreement, the hirer shall pay a sum as mentioned in the rental agreement as a deposit for correct compliance with the obligations arising from said rental agreement. This deposit shall partly apply to the renewals of the rental agreement, including any amendments thereto. 2. The hirer shall not be entitled to use the deposit either in payment for sums due or to settle any other obligations the hirer may have vis-à-vis Rental MediQ. 3. Rental MediQ shall repay the deposit to the hirer without interest upon termination of the rental agreement as soon as the hirer has complied with all obligations ensuing from this rental agreement. ARTICLE 14. MAINTENANCE 1. All maintenance, repairs and renewals shall be at the expense of Rental MediQ, provided they are not the result of unqualified use by the hirer. 2. All costs related to maintenance, repair and replacement of modification or additions to the rental object made by the hirer, are the responsibility of the hirer. 3. The hirer is responsible for the maintenance of the rental object, carried out by him or her or at his or her instructions. 4. The hirer must immediately notify Rental MediQ in writing of any defect to the rental object. ARTICLE 15. DELAYS 1. If the rental object is not available on the agreed commencement date of the rental agreement, the hirer will not have to pay any rent until the date that the rental object is made available to him or her, nor any compensation for additional deliveries or services. The hirer cannot demand the cancellation of the contract in the event of a delay. 2. Except in the case of a deliberate act or gross negligence, Rental MediQ will not be liable for any damages sustained by the hirer as a result of a delay. ARTICLE 16. PREMATURE TERMINATION 1. If the hirer: -a fails to pay the rental by the due dates; -b discontinues its occupation or company fully or in part; -c fails to fulfil any other provision of the rental agreement; -d fails to comply with any condition related to permission granted by Rental MediQ; -e loses free disposal of its assets or a part thereof; -f in the event the hirer is not a natural person, loses its legal personality, is dissolved or liquidated; -g files for a moratorium; -h is declared bankrupt; -i proposes a composition other than bankruptcy; Rental MediQ shall be entitled to immediately terminate the rental agreement prematurely or, in so far as the law permits, to declare the rental agreement immediately terminated or claim its dissolution without being required to give any notice of default. Hirer is fully liable. ARTICLE 17. APPLICABLE LAW The rental agreement shall be governed by the law of the Netherlands. ARTICLE 18. CHOICE OF JURISDICTION All disputes about or resulting from a rental agreement are to be decided exclusively by the ordinary court in The Hague. ARTICLE 19. TRANSLATION In the event that these general rental conditions have been drawn up in both the Dutch and English languages and a dispute arises regarding the contents or the meaning of these general rental conditions, the Dutch text will be binding. ARTICLE 20. FINAL STIPULATION If any of the stipulations in these general rental conditions, or part thereof, are nuland-void, the other stipulations or what is left, will remain in force. The parties agree to replace any stipulations that are nul-and-void with stipulations that both parties would have agreed to, if they had known that the stipulations were nul-and-void. Rental MediQ S.A.R.L. registered in Château d’Oex Switzerland at Résidence la Sarine i7 – La Craisettaz, 1660.
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