General rental, maintenance and service conditions (contract)

 

Between the undersigned :

SKM Eradicaire, whose registered office is at Avenue Laënnec 9 bte 1 1020 Laeken, VAT number BE 1004.526.555, hereinafter referred to as Punaisedelitbruxelles, and the customer, whose full contact details are given on the reverse of this contract/in the special conditions, hereinafter referred to as the customer, it has been agreed as follows:

 

Article 1: Purpose of the contract

Rental and maintenance: Punaisedelitbruxelles rents out items for pest prevention and control (e.g. baits, insect lamps, traps, detectors, radar, etc.) and takes care of their operation and maintenance.

Process execution:

1.2.1. Punaisedelitbruxelles carries out the number of treatments mentioned under ‘Services - Number of applications’ (e.g. insecticide, heat treatment, shooting action, ...) for the prevention and control of vermin.

1.2.2. In the event of unexpected reinfestation or worsening of the infestation in progress between 2 treatments, an additional treatment can be carried out at the customer's request and at the rates applicable on the date of the request.

1.3. Terms of service :

1.3.1. Services are provided at the agreed place and time.

1.3.2. Delivery and execution times are always indicative. Punaisedelitbruxelles reserves the right to make partial deliveries.

1.4. Obligations of means and liability :

1.4.1. All obligations undertaken by Punaisedelitbruxelles under this contract are obligations of means.

1.4.2. Punaisedelitbruxelles' liability is limited to actual and direct damage caused by its own fault or by a fault committed by one of its employees, with the exception of indirect damage, consequential damage and damage caused by force majeure (including strikes, fire, etc.) and/or the fault of a third party.

1.4.3. The maximum total amount of damages for which Punaisedelitbruxelles may be held liable is equal to a maximum of 6 months' sales invoiced prior to the loss or event.

1.4.4. Punaisedelitbruxelles accepts no liability for any loss or damage of which the customer has not informed Punaisedelitbruxelles by registered letter within 5 working days of the date on which the loss or damage occurred.

1.4.5. Punaisedelitbruxelles accepts no liability for damage caused by vermin and pests.

1.4.6. Punaisedelitbruxelles accepts no liability in the event of reinfestation.

 

Article 2: Duration

2.1. The contract is concluded for the duration of the project.

 

Article 3: Customer obligations

3.1. The customer shall ensure that Punaisedelitbruxelles and its employees have free and safe access to the premises, the areas to be treated and/or the items rented or made available. The customer may not himself maintain the items rented or made available, have them maintained by a third party or move them.

3.2. The customer undertakes to follow the advice given by Punaisedelitbruxelles. Advice may relate to, among other things, preparations to be made by the customer before treatment can take place, accessibility of the premises before, during and after treatment, additional preventive measures to avoid reinfestation, work to be carried out, etc.

3.3. If the customer - after having been put on notice by Punaisedelitbruxelles - does not follow the advice before the next treatment, Punaisedelitbruxelles reserves the right to suspend the execution of the contract or to terminate the contract without being obliged to pay any compensation.

3.4. If the services are stopped or interrupted as a result of an unforeseeable event of any nature whatsoever or for a cause which is at the Customer's risk, such as, for example, the non-operation of water and electricity supplies and installations which are the property of the Customer, the time lost may be considered as hours worked and invoiced to the Customer. These hours will be mentioned separately on the invoice.

3.5. In the event of spraying, the customer undertakes to :

- Allow the company's applicators access to all premises to be treated at the dates and times advised by the company.

- Do not allow anyone to enter or remain in treated areas, or block applicators inside.

- Do not allow animals in treated areas or in the fallout or emanation zone.

- Leave the product to act for at least 4 hours after application, without anyone entering the premises, then ventilate.

- Do not wash baseboards, pipes, furniture tops and other areas through which treated insects pass for several weeks.

- Carefully protect aquariums, including air diffusion systems in tank water.

- Leave no source of ignition. Fireplaces, ovens, lamps, catering pianos, etc. must be kept cool and must not emit heat.

- Unplug and carefully protect electrical and IT equipment; wait several hours before restarting.

- Protect foodstuffs and consumables in airtight containers.

- Wash dishes, kitchen utensils and worktops after use.

- Wash sheets, covers and clothing at 60°C after the procedure.

 

Article 4: Prices

 

4.1. All prices quoted are all-inclusive prices per type of service. Prices are exclusive of VAT, unless otherwise stated. The VAT total is available in the calculation of the offer total.

 

Article 5: Invoicing and payment terms

 

5.1. 100% upon acceptance of the offer, prior to performance. Invoices are sent to the Customer by e-mail. If the Customer requires a paper invoice, EUR 3.00 per paper invoice will be charged.

 

5.2. All invoices are payable within 10 days of the invoice date. In the event of non-payment on the due date, invoices will be automatically and without notice increased by interest of 12% per annum and a flat-rate surcharge of 15%, with a minimum of 50 EUR.

 

Article 6: Communication

6.1. The customer must submit any complaint in writing within 48 hours of delivery / performance of the service or receipt of the invoice. In the event that Punaisedelitbruxelles is not able to oppose the customer's complaint to its own damage or defect report upon simple request, the complaint will be considered non-existent.

6.2. In the event of seizure of the items rented or made available, the customer must immediately inform Punaisedelitbruxelles of the seizure and of the identity of the seizing party, and provide Punaisedelitbruxelles with any information or documents that Punaisedelitbruxelles may reasonably request in this connection. The customer must inform the distrainer of Punaisedelitbruxelles' exclusive property rights as defined in Article 7.

 

Article 7: Ownership of items

7.1. Location :

7.1.1. Unless otherwise specified on the front of the contract, the items rented and/or made available remain the property of Punaisedelitbruxelles for the duration of the contract.

7.1.2. Items may not be modified, transferred, moved or sublet by the customer without the express written permission of Punaisedelitbruxelles.

7.1.3. The customer is responsible for all rented items in his possession and for the use made of them. They may only be used for their intended purpose.

7.1.4. The customer is responsible for all missing items as well as for any damage or abnormal wear, whatever their cause, including extraneous, fortuitous or force majeure causes. In the event of theft, loss, abnormal wear and/or damage to items, Punaisedelitbruxelles will invoice the residual value. This will be the case e.g. in case of fire damage, impossibility for Punaisedelitbruxelles to maintain the articles (see art.1.2), intervention by persons other than qualified Punaisedelitbruxelles personnel.

7.2. Sales :

7.2.1. In the event of sale, the customer only becomes the owner of the articles after full payment of the price. The transfer of risk takes place immediately after delivery.

 

Article 8: Confidentiality and privacy

8.1. Privacy

Punaisedelitbruxelles and the customer undertake to treat the contract as confidential and waive the right to communicate it (or the information it contains) to third parties, except to comply with a legal obligation or to enforce a court order. The customer nevertheless accepts that the name of his company, brand or logo may be used in the «References» section of the site (for marketing purposes). 

8.2. Privacy policy

8.2.1. Punaisedelitbruxelles and the customer undertake that any personal data (mainly contact details) obtained in the course of the performance of this contract will be :

- processed lawfully, fairly and transparently

- used to the extent strictly necessary for the performance of this contract and/or in relation to the legitimate interests of the parties

- kept up to date

- retained as long as necessary for the purposes for which the data were obtained

- stored securely using appropriate technical and organizational measures (see the www.Punaisedelitbruxelles.be website for details of personal data processing and privacy policy)

8.2.2. If the customer transmits personal data to Punaisedelitbruxelles from persons who were not present when the contract was signed, the customer undertakes to inform the persons concerned.

 

Article 9: End of contract

9.1. At the end of the contract, for whatever reason, the customer is obliged to return the rented items in good condition and at his own expense to Punaisedelitbruxelles.

 

9.2. In the event of early termination by the customer or at the customer's expense, the customer will be liable by operation of law and by way of termination indemnity for a lump sum fixed at 50% of the amounts contractually due until the next due date of the contract, without Punaisedelitbruxelles still having to provide any service whatsoever, with a minimum equal to 6 months of invoiced sales.

9.3. In the event of termination at the expense of Punaisedelitbruxelles, the customer is required to demonstrate actual damage within the limits of article 1.4.

 

Article 10: Jurisdiction

In the event of a dispute, the courts of the district of Brussels shall have sole jurisdiction.

 

Article 11: General provisions

11.1. The person signing the contract on behalf of the customer declares that he/she has the authority to bind the customer.

11.2. The contract consists of the special terms and conditions and these general terms and conditions. The applicability of any conditions applied by the customer is expressly excluded, even in the event of communication of such conditions by the customer to Punaisedelitbruxelles.

11.3 In the event of any conflict between the Special Terms and Conditions and these General Terms and Conditions, the Special Terms and Conditions shall prevail.

11.4 The nullity of a clause or article in no way implies the nullity of the entire contract.

11.5 Punaisedelitbruxelles reserves the right to transfer the contract in whole or in part to a company belonging to the Punaisedelitbruxelles group of companies or to any third party, subject to written notification of the customer. From the date of the transfer, Punaisedelitbruxelles will be released from its obligations to the customer, with the exception of obligations arising prior to the transfer. The customer is not entitled to transfer the contract without the prior written consent of Punaisedelitbruxelles.

11.6 Punaisedelitbruxelles and the client agree that the personnel deployed by each of them for the execution of this contract will be considered solely as personnel of Punaisedelitbruxelles and the client respectively. Punaisedelitbruxelles alone will therefore exercise authority over the personnel deployed by Punaisedelitbruxelles for the execution of the contract. The customer acknowledges that he has no authority over the personnel of Punaisedelitbruxelles. This does not prevent the customer from having the right, but also the obligation, to provide information and instructions to Punaisedelitbruxelles personnel with regard to access to the customer's land and premises, as well as the rules governing safety, health and well-being that apply on the customer's land and premises, with a view to the proper execution of the contract. If necessary, the customer and Punaisedelitbruxelles will mutually agree on more precise guidelines.

11.7 Punaisedelitbruxelles and the customer declare that, in exchange for signing this contract, they have not offered, promised, granted, authorized, requested or accepted any illegitimate advantage, gift, payment, remuneration or profit of any kind. During the entire duration of the contract Punaisedelitbruxelles and the customer shall refrain from any act of corruption, extortion, fraud, unlawful influence and money laundering. A breach of this article by the customer entitles Punaisedelitbruxelles to terminate the contract at the customer's expense. (See also the Anti Bribery and Corruption Policy on the www.Punaisedelitbruxelles.be website).