Terms and conditions

This translation is provided for information only. Only the Dutch version is legally binding.

General terms and conditions of sale

Except for special conditions stated on the front of the invoice or of the order form and signed by the customer, only the conditions set out below apply, to the exclusion of all others.

Price quotations and estimates are based on the values of materials, wages and services currently in force. Should these undergo changes, we reserve the right to adjust the prices proportionally.

Delivery times are provided by way of information only and do not bind the seller. A delay in delivery gives no right to compensation nor to the dissolution of the contract.

Complaints regarding the delivery and services must reach us in writing within eight days and in any case before the use or resale of the goods.

Any objection to the invoice must be made in writing within eight days of the invoice date. You are always requested to state the date and number of the invoice. Invoices are deemed to be fully accepted in the absence of a registered and reasoned objection within 8 calendar days of the invoice date, without prejudice to any earlier (whether or not tacit) acceptance. If the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, a period of 10 calendar days from the invoice date shall apply. In that case, this provision does not affect articles 1641 to 1649 and articles 1649bis to 1649octies of the Civil Code.

In the event of cancellation of the order, the buyer also owes a fixed compensation of 15% of the value of the order, with the same minimum of € 250, and this with express reservation of the possibility of claiming higher damages. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, Bleyaert-Truckstar bv shall owe compensation and interest to the Contracting Party in the event of a contractual breach by Bleyaert-Truckstar bv, calculated on the last issued invoice. Should Bleyaert-Truckstar bv remain in default of fulfilling its obligations, compensation shall be owed to the Contracting Party up to the actually demonstrated direct damage that is in direct causal connection with the breach, with a maximum of 1,000.00 euros.

As long as the delivered goods have not been paid for, they remain the property of the seller.

Bleyaert-Truckstar bv has an extended, prolonged right of retention on all goods, vehicles and devices of the Contracting Party that are stored at Bleyaert-Truckstar bv or have been placed with it, in the event of an unpaid and overdue invoice of the Contracting Party, even if the overdue invoices in question do not relate to the good, vehicle or device concerned. The right of retention therefore serves to cover all sums definitively owed by the Contracting Party.

In the event of a dispute, the courts or the justice of the peace of the place where the seller has its operating seat, principal seat or domicile shall have sole territorial jurisdiction.

In the event of a warranty on vehicles upon sale, the statutory warranty of 1 year applies to the rotating parts of the engine, excluding labour hours.

General rental conditions

Article 1: Legal relationship

The legal relationship between Bleyaert-Truckstar bv, with registered office at 9900 Maldegem, Aalterbaan 232 and with company number 0845.370.935 (hereinafter referred to as "Bleyaert-Truckstar bv"), and its contracting party, being as the case may be the hirer or buyer or its appointee (hereinafter referred to as the "Contracting Party"), is entirely governed by these general terms and conditions, to the exclusion of any general terms and conditions of the Contracting Party. The Contracting Party declares full agreement with these general rental and sales conditions.

Article 2: Offers, prices

Our offers are governed by the conditions set out below. We consider these conditions to be known and accepted by the buyer, notwithstanding any contrary provisions stated on the buyer's documents. Only Belgian law applies to all contracts. Prices communicated by Bleyaert-Truckstar bv in the context of offers are always without engagement and indicative, unless it was expressly indicated that they are definitive. Definitive prices stated in offers have a validity period of only 15 days. All prices are exclusive of VAT and other taxes, surcharges, the insurance contribution of 6% and/or fines. VAT, taxes, surcharges, insurance contributions and/or fines are always at the Contracting Party's expense. The prices set by Bleyaert-Truckstar bv in offers and agreements are subject to change insofar as such changes result from circumstances and elements independent of the will of the parties.

Article 3: Delivery, execution and other periods

The periods stated in Bleyaert-Truckstar bv's offers are approximate and are further determined in consultation with the Contracting Party. Delays in no case give the customer the right to cancel all or part of the order or to break/dissolve the contract; nor can they give rise to a price reduction or to the payment of any compensation whatsoever on the part of Bleyaert-Truckstar bv. The parties take this into account when setting the price in order to achieve optimal service provision by Bleyaert-Truckstar bv. They expressly acknowledge that this clause is not unfair as defined in art. VI.91/5, 1° CEL. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, the agreed periods are binding.

Article 4: Start of the rental period

The rental period begins on the day and from the moment the rental item is made available to the Contracting Party. The rental ends at the moment of return of this rental item to Bleyaert-Truckstar bv's depot, regardless of whether the Contracting Party returns the rental item itself, or the rented item is reported as returned by the Contracting Party and subsequently collected by Bleyaert-Truckstar bv. Any non-agreed exceedance of the rental period will be charged to the Contracting Party at the applicable rates and is exclusively at the Contracting Party's risk. Extension of the original rental period must be requested from Bleyaert-Truckstar bv before the end of the rental period and is always subject to availability and Bleyaert-Truckstar bv's agreement.

The rented machines are legally not admitted to traffic on the public road or on grounds accessible to the public or only to a certain number of persons entitled to enter, if there is no number plate. The hirer agrees to comply with the applicable municipal, local and national legislation and regulations relating to the use of the machines. All levies and fines resulting from facts or offences during the rental period are therefore exclusively at the hirer's expense. Permits must be valid 24 hours (1 working day) before delivery and 48 hours (2 working days) after delivery. Fines during this period are passed on to the hirer.

Article 5: Use, maintenance and condition of the rental item

On delivery, the hirer must inspect the machine. In the event of damage to or a defect of the machine, this must be reported beforehand. Taking receipt counts as acceptance of the machine in good condition. The hirer is responsible for returning it in the same condition as on receipt. He is liable for all damage, loss, difference, diminution in value, etc., … and this in the broadest sense, without being able to invoke the fault or intent of third parties, chance or force majeure vis-à-vis the lessor.

The hirer must inspect the machine daily. For thermal machines, the oil level must be checked daily. The machine may not be operated at height above wind force 6 (45 km/h). It is prohibited to use the machine for sandblasting and spraying, the use of substances that damage the machine's paintwork and/or cause rust (sulphates, salt, etc. …).

The Contracting Party agrees to manage and use the rented devices as a prudent person, according to the rules of the art and the highway code, the technical requirements and possibilities and in accordance with the use for which the devices are intended, and to modify or add nothing to them. The Contracting Party undertakes to inform Bleyaert-Truckstar bv at all times of the periodic maintenance of the devices. The Contracting Party must take the necessary measures to prevent theft or loss of the devices. In the event of a defect of the rental item or an accident with the rental item, the Contracting Party will act to limit the damage and immediately inform Bleyaert-Truckstar bv so that Bleyaert-Truckstar bv can take the necessary measures and carry out repairs. Insofar as the defect or accident arose through the negligence or fault of the Contracting Party, all repair and breakdown costs are at the Contracting Party's expense. Bleyaert-Truckstar bv has the right at any time to inspect the rental item and the Contracting Party will always provide Bleyaert-Truckstar bv access to the rental item. To this end, the Contracting Party will also always make known where the rental item is located.

Bleyaert-Truckstar bv makes a manual of the rental item available to the Contracting Party. The Contracting Party declares to be aware of all specifications (weight, size, required type of driving licence and training, technical requirements and equipment, load of the device, safety instructions, …) of the rental item. The Contracting Party declares to know how to use the rental item and undertakes to entrust the rental item only to adequately trained personnel who know how to use the rental item and are not under the influence of alcoholic beverages or narcotics. The Contracting Party acknowledges that Bleyaert-Truckstar bv has informed him orally about the safety measures to be taken when using the rental item. The Contracting Party will not leave the territory of Belgium with the rental item except with written permission granted for this purpose by Bleyaert-Truckstar bv.

The rental item is made available to the Contracting Party in perfect condition of maintenance, roadworthiness and with all required equipment (including the keys), on-board documents and inspection certificates, without visible defects and/or damage. A condition report is drawn up at the start of the rental period. If visible defects or a defect in operation are found on the item, this must be reported immediately before any use in writing in the condition report, and at the latest within 5 calendar days of delivery to Bleyaert-Truckstar bv. If the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, a period of 10 calendar days from delivery shall apply. The Contracting Party is obliged to return the rental item in the same perfect condition with all required equipment, on-board documents and inspection certificates, save for normal wear and tear, at the end of the rental period. Any cleaning or replacement costs are at the Contracting Party's expense. If, during the period that the Contracting Party has the rental item in its possession, it appears that necessary maintenance work (changing oil, …) on the rental item is required for its proper functioning and durability, the Contracting Party is obliged to report this without delay in writing to Bleyaert-Truckstar bv so that the latter can plan and have the maintenance carried out in time. If this maintenance must take place during the rental period in order to ensure the proper functioning of the rental item, the Contracting Party will tolerate this maintenance by Bleyaert-Truckstar bv during the rental period, without any consequence for the rental price.

Article 6: Rental prices

The rental prices apply to a use of maximum 8 operating hours per day, 40 operating hours per week or 160 hours per month. Bleyaert-Truckstar bv reserves the right to charge one eighth of the daily price additionally per extra operating hour. The rental item is always made available to Bleyaert-Truckstar bv at the end of the rental period with a full tank of fuel. The Contracting Party is responsible for the correct choice of fuel. If this is not met, Bleyaert-Truckstar bv will refill the tank, have it cleaned and repaired if necessary, and pass on the costs thereof to the Contracting Party. Fuel consumption during the rental period is not included in the rental price and is at the Contracting Party's expense. The signatory of this contract undertakes towards Bleyaert-Truckstar bv jointly and severally with the legal persons, natural persons or associations on whose behalf he or she acts, and this for all hirer's obligations.

Article 7: Security deposit

Bleyaert-Truckstar bv has the right to require a security deposit from the Contracting Party, either on taking receipt of the vehicle, or on a request for extension. The amount of this deposit is set and determined in the "condition at departure" document of the vehicle concerned, which is signed for agreement by both parties. Bleyaert-Truckstar bv has the right to offset the amount of the deposit against any amount the Contracting Party owes to Bleyaert-Truckstar bv. To be admissible, any complaint regarding visible defects of a delivery must be reported in writing within a period of five days from delivery. If the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, a period of 10 calendar days from delivery shall apply. Once this period has elapsed, the delivery will be regarded as accepted and free of visible defects. The warranty on material and construction defects that cannot be discovered at the time of delivery is limited to a period of six months from that delivery. Bleyaert-Truckstar bv's warranty obligations may in no case exceed the warranties of the manufacturer or supplier, both as regards visible and hidden defects. For this reason, if the warranty obligations granted by the manufacturer or supplier are lower than those of Bleyaert-Truckstar bv, Bleyaert-Truckstar bv's warranty obligation will be reduced in order to be in line with that of the manufacturer or supplier.

The warranty obligation does not release the Contracting Party from payment. If a complaint is considered founded and the payment conditions are met, Bleyaert-Truckstar bv's warranty obligation is limited to the free replacement of the parts found to be defective, to the exclusion of any claim for compensation for any loss whatsoever. The warranty lapses if persons who do not belong to Bleyaert-Truckstar bv's staff or have not received permission from Bleyaert-Truckstar bv attempt to adjust or repair the material. These provisions do not apply to second-hand material sold without any warranty and accepted on receipt. If the Contracting Party fails in any of its obligations, Bleyaert-Truckstar bv is automatically and definitively released from any warranty obligation towards him. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, these provisions do not affect articles 1641 to 1649 and articles 1649bis to 1649octies of the Civil Code.

Article 8: End of rental and transport

At the end of the rental, the hirer must notify the lessor by e-mail (info@bleyaert-truckstar.be) and communicate the place of collection. At the end of the rental, the hirer must prepare the machine ready for transport and ensure that the machine is easily accessible. All transport costs are at the hirer's expense. The transport of the item (any delivery and collection) is always at the expense and risk of the Contracting Party. For deliveries and collections, the Contracting Party must always provide sufficient space. The Contracting Party must ensure that he or an appointee can take receipt of the item. If no one is present, the Contracting Party authorises Bleyaert-Truckstar bv to set down the item concerned at the place of delivery. The risk of damage, however, always rests on the Contracting Party from delivery, and where applicable until the end of the period during which the Contracting Party has the item in its possession. The parties take the risk allocation for liability into account when setting the price. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, Bleyaert-Truckstar bv is only liable for its intent, its gross negligence or that of its appointees or agents or, save force majeure, for the non-performance of an obligation constituting one of the main services of the contract. The cost of transport is always at the Contracting Party's expense. Waiting times are charged at 75 euros/hour.

Article 9: Dispute

Any complaint or dispute of an invoice must be made in writing within eight days of its receipt.

Article 10: B2B

Invoices in a B2B relationship that are not paid on the set and/or agreed due date become payable by operation of law and without prior notice of default and are subject to default interest in accordance with the Act on Combating Late Payment in Commercial Transactions. In the event of non-payment of the invoice on the agreed due date, the principal amount will moreover be increased, as compensation for the extrajudicial collection costs of the claim, by a fixed 15% of the principal with a minimum of 250.00 euros and without prejudice to the interest costs. This compensation is due in addition to the default interest and any recoverable procedural costs, and is payable by operation of law and without prior notice of default (articles 1147 and 1162 of the Civil Code).

Article 11: B2C

Invoices in a B2C relationship: when an invoice is not paid by the due date stated on our invoice at the latest, a first free reminder is sent to the consumer. If, after the expiry of the period stated in that first reminder, payment has still not been made, default interest is due in accordance with article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions, as well as a fixed compensation determined as follows:

• 20 euros if the balance due is less than or equal to 150 euros;
• 30 euros increased by 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
• 65 euros increased by 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due is higher than 500 euros.

These conditions also apply conversely against the company in the event that it remains in default of repaying to the consumer, within an agreed period and after a first free reminder, an agreed or unduly paid amount.

Article 12: Retention of title

The merchandise remains the property of Bleyaert-Truckstar bv until it is paid for in full. Bleyaert-Truckstar bv remains the owner of the rental item. The Contracting Party is prohibited from transferring its (rental) rights or part thereof, or from subletting, without the prior written permission of Bleyaert-Truckstar bv. Save for an agreement to the contrary with Bleyaert-Truckstar bv, the Contracting Party remains, in the event of subletting or rental transfer, jointly and severally liable with the subtenant or transferee for the fulfilment of all hirer's obligations. Likewise, in the event of sale, the goods remain the property of Bleyaert-Truckstar bv until the day of full payment. The contracting party of Bleyaert-Truckstar bv is therefore prohibited from reselling, renting out, pledging, alienating in any other way or encumbering the goods, until the full sale price has been paid.

Until full settlement of the payments owed by the Contracting Party, Bleyaert-Truckstar bv reserves ownership of all goods it has delivered, this as security for the payment of everything to which Bleyaert-Truckstar bv is entitled under the purchase agreement. As long as full payment of the delivered goods has not taken place, the Contracting Party may not alienate, lend, pledge or place under mortgage the goods, nor encumber or rent them out. Bleyaert-Truckstar bv is entitled to exercise its ownership rights over the goods referred to in this provision at all times and to take back or reclaim these goods. If Bleyaert-Truckstar bv takes back these goods, the Contracting Party is liable for the costs associated therewith for Bleyaert-Truckstar bv. Furthermore, Bleyaert-Truckstar bv has the right to recover any damage to the goods from the Contracting Party. The risks, however, do pass to the buyer from the sale of the item.

Article 13: Termination of the rental agreement

The rental agreement can be terminated by the lessor at any time, without any compensation. Bleyaert-Truckstar bv may, by means of a registered letter, with effect from the third day after the postmark, terminate the contract at any time in the event of serious breaches by the Contracting Party. The parties expressly determine that the following cases are qualified as serious breaches that may justify termination of the rental:

• in the event of non-payment of the rent within two months of the due date;
• if the Contracting Party wholly or partly fails to comply with the provisions of this agreement;
• if the Contracting Party does not use the rental item properly or uses it improperly;
• the manifest insolvency of the Contracting Party;
• the placing in liquidation or bankruptcy of the Contracting Party;
• the rental agreement is entered into under the resolutory condition of the bankruptcy of the Contracting Party.

Upon realisation of the resolutory condition, the agreement is dissolved immediately and by operation of law. The Contracting Party has the obligation, in the event of its judicial reorganisation, to inform Bleyaert-Truckstar bv thereof within 24 hours.

If the agreement is dissolved through the fault of the Contracting Party, the latter owes a re-rental fee of one thousand euros. This re-rental fee does not cover any rental damage that Bleyaert-Truckstar bv may, where applicable, additionally recover from the Contracting Party. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, Bleyaert-Truckstar bv will owe an equivalent compensation to the Contracting Party if the agreement is dissolved through the fault of Bleyaert-Truckstar bv.

In the event of termination of the rental agreement, for whatever reason, Bleyaert-Truckstar bv is entitled to collect the rental item, wherever it is located, without prejudice to the possibility for Bleyaert-Truckstar bv to charge the damage and exceedance of the rental period to the Contracting Party. The Contracting Party is also entitled to terminate the rental agreement with immediate effect in the event that Bleyaert-Truckstar bv seriously breaches its lessor's obligations. At the end of the rental period, the hirer is deemed, by operation of law and without notice, to return the rented object to the lessor. The lessor has the right to collect the rented object at any time, without having to appeal to a magistrate or a judge.

Article 14: Liability for damage

Machines must be used and handled by the hirer as a prudent person. Any form of damage – except normal wear – will be charged to the hirer on top of the agreed rental price. The hirer must immediately report wear and abnormal shortcomings to the lessor. The Contracting Party is liable for all damage, theft or loss and abnormal wear caused or inflicted on the item during the period that the Contracting Party has the rental item in its possession, which constitutes an obligation of result on the part of the Contracting Party. The Contracting Party will thus bear the risk of the loss of the item during the entire duration of the rental and as long as the Contracting Party has the rental item in its possession, even in case of force majeure. The Contracting Party is thus also liable for all damage (material and/or bodily) caused to itself or third parties. The Contracting Party will indemnify and hold Bleyaert-Truckstar bv harmless if it is held liable by third parties as a result of damage caused by the item. Bleyaert-Truckstar bv is never liable, except in case of intent on the part of Bleyaert-Truckstar bv. The parties take the allocation of the liability risk into account when determining the rental price. They expressly acknowledge and declare that this clause is not unfair within the meaning of art. VI.91/5, 6° CEL. Insofar as the Contracting Party is a consumer within the meaning of art. I.1, 2° CEL, Bleyaert-Truckstar bv is never liable, except for its intent, its gross negligence or that of its appointees or agents or, save force majeure, for the non-performance of an obligation constituting one of the main services of the contract.

The hirer undertakes to take out insurance to cover any loss or damage of the rental item as well as for civil liability, in addition to the insurance taken out by Bleyaert-Truckstar bv as mentioned below. The hirer is therefore bound to submit proof of this insurance to Bleyaert-Truckstar bv within two days. If a claim is definitively covered by the insurance and Bleyaert-Truckstar bv receives written confirmation thereof, the Contracting Party is liable towards Bleyaert-Truckstar bv up to the deductible, without prejudice, however, to any damage not covered by the insurance and which may additionally be recovered from the Contracting Party in accordance with this agreement. The Contracting Party is liable for all harmful consequences of a violation of the highway code committed by him/her.

If an accident has occurred with the rental item involving third parties, the Contracting Party undertakes to have the necessary findings made by the police and to inform Bleyaert-Truckstar bv thereof as soon as possible and to provide a copy (findings, accident declaration, accident report form, …). Bleyaert-Truckstar bv cannot be held liable for losses or for damage to goods transported or left by the Contracting Party in the rental item.

Article 14: Liability

Under no circumstances is Bleyaert-Truckstar bv liable for indirect damage such as, among others, commercial or financial losses, loss of reputation, loss of profit or turnover, loss of customers and losses as a result of legal action taken by third parties against the customer. The customer is solely liable for the proper use of the product in accordance with the technical requirements and safety regulations and according to the destination of the item, taking into account the specifications and instructions of Bleyaert-Truckstar bv. Bleyaert-Truckstar bv will only be liable towards the customer for the actually suffered and proven damage arising from the obligations included in the agreements concluded with Bleyaert-Truckstar bv, thus to the exclusion of any other implicit or unwritten obligations. Bleyaert-Truckstar bv will not be liable for any direct or indirect damage for which it has not expressly accepted liability in these conditions. The Contracting Party indemnifies Bleyaert-Truckstar bv in this respect against all claims of third parties.

Article 15: Processing of personal data

The Contracting Party provides, promptly and throughout the entire duration of the (rental) agreement, where applicable at the request of Bleyaert-Truckstar bv, all useful information to Bleyaert-Truckstar bv. The Contracting Party gives express permission to Bleyaert-Truckstar bv to process this information, and where applicable the personal data (in accordance with art. 4,1 of the General Data Protection Regulation), as well as the special categories of personal data (in accordance with art. 9.1 of the General Data Protection Regulation) that would be included therein, with a view to the rental or sale of specific vehicles. The Contracting Party has the right to address to Bleyaert-Truckstar bv a request for access, rectification, erasure, portability of its personal data, or a request to withdraw its consent or to object to the processing of its personal data (in accordance with art. 12 et seq. of the General Data Protection Regulation). Bleyaert-Truckstar bv undertakes to provide the Contracting Party with a reasoned reply to its request within a period of one month. Depending on the complexity of the request and the number of requests, this period may, if necessary, be extended by a further two months. This reply must indicate in a reasoned manner why Bleyaert-Truckstar bv does (not) grant the Contracting Party's request(s). Bleyaert-Truckstar bv reserves, where applicable, the right to charge a reasonable fee in view of the administrative costs associated with granting the request(s). If the Contracting Party is of the opinion that Bleyaert-Truckstar bv has acted unlawfully with regard to the processing of the personal data, or has not or insufficiently responded to the request(s) addressed to Bleyaert-Truckstar bv, the Contracting Party may lodge a complaint with the national data protection authority. This can be done via the following contact details: Commission for the Protection of Privacy, Rue de la Presse 35, 1000 Brussels, +32 (0)2 274 48 00, +32 (0)2 274 48 35, contact@apd-gba.be.