General Terms and Conditions for the Rental of Electric Wheelchair(s)
1. Definitions
In these general terms and conditions (hereinafter referred to as “General Terms and Conditions”), the following terms have the following meanings:
- Tenant: The natural or legal person who rents an electric wheelchair(s) (hereinafter referred to as the “Device”) from the Lessor.
- Lessor: Crazhibou bv, with registered office at P.J. Denayerstraat 11, 1500 Halle, Belgium, with company number BE0718699130.
- Agreement: The rental agreement between the Tenant and the Lessor concerning the Device.
- Device: The electric wheelchair or wheelchairs rented by the Lessor to the Tenant.
- Rental Price: The price that the Tenant owes to the Lessor for the rental of the Device.
- Term: The period during which the Tenant rents the Device.
2. Applicability
2.1. These General Terms and Conditions apply to all agreements between the Lessor and the Tenant concerning the rental of the Device.
2.2. The Tenant declares to have read and understood these General Terms and Conditions and agrees that these General Terms and Conditions apply to the Agreement.
2.3. The Lessor may amend these General Terms and Conditions at any time. The amended General Terms and Conditions will enter into force on the date on which they are published on the Lessor’s website. The Tenant is deemed to have accepted the amended General Terms and Conditions by continuing to use the Device after the date of entry into force.
2.4 Included in the Rental Price:
The following items are an integral part of the object of the Agreement and are included in the Rental Price referred to in Article 4:
- Replacement of a defective device: During the repair period, an equivalent replacement device will be provided.
- Battery replacement: The battery will be replaced when necessary.
- Maintenance, repair and transport: Ad hoc maintenance, repair and transport of the device are included.
- Software updates: Software updates will be performed if this is appropriate for use.
- Breakdown assistance: In the event of a breakdown, a solution will be provided within 3 working days.
2.5. Not included in the Rental Price:
The following items are NOT part of the object of the Agreement:
- Replacement of cushions and/or cushion covers: Replacement of cushions and/or cushion covers is, when necessary, at the expense of the Tenant and will be invoiced at the then current rates.
- Tire pressure: Inflating the tires, if they are equipped with an air chamber, is the responsibility of the Tenant.
- Extra battery(ies): Extra battery(ies) can be rented for a fee.
- Incorrect use: In case of incorrect use (i.e. use not as expected of a normally careful person), the costs for spare parts and repairs (including labor and transportation costs) will be borne by the Tenant.
This list is not exhaustive.
3. Rental Price and Payment
3.1. The Rental Price is the price stated on the Lessor’s website. 3.2. The Rental Price is exclusive of VAT and other charges. 3.3. The Rental Price is due per month and must be paid in advance to the Lessor’s account. 3.4. In case of late payment, the Tenant is in default and the Lessor is entitled to terminate the Rental Agreement and reclaim the Device.
4. Term and Termination
4.1. The Rental Agreement is entered into for a period of four years.
4.2. The Rental Agreement can be terminated by both parties:
- During the first month: with immediate effect, and without further implication, except for the cost of return. Startup Fee will however not be restituted.
- From the second month onwards: with observance of a notice period of six months.
4.3. The Lessor may terminate the Rental Agreement with immediate effect if the Tenant fails to fulfil its obligations under the Rental Agreement. 4.4. Upon termination of the Rental Agreement, the Tenant is obliged to return the Device to the Lessor in good condition, at its own expense.
5. Use of the Device
5.1. The Tenant is obliged to use the Device carefully and in accordance with the Lessor’s instructions. 5.2. The Device may not be used for illegal or harmful purposes. 5.3. The Tenant is liable for all damage to the Device that occurs during the rental period.
6. Maintenance and Repairs
6.1. The Lessor is responsible for the maintenance and repairs of the Device. 6.2. The Tenant is obliged to inform the Lessor immediately of any damage to the Device.
7. Liability
7.1. The Lessor is not liable for damage suffered by the Tenant or third parties as a result of the use of the Device. 7.2. The Tenant is liable for all damage suffered by the Lessor as a result of the Tenant’s non-compliance with the Rental Agreement.
8. Disputes
These General Terms and Conditions are exclusively governed by Belgian law.