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Rental conditions

Article 1: General provisions

1.1 In these general rental conditions, the following terms, as well as any conjugations thereof, are written with a capital letter and, if and insofar as not explicitly deviated from, have the following meaning:

1.2 The date on the postmark or fax or mailing date applies as the sending date of the documents referred to in articles 4.2, 4.3, 6.4 and 14.2 up to and including 14.4. If no such date is stated or can be demonstrated and there is a dispute about the timeliness of the shipment, the documents are considered not sent on time.

Article 2: Applicability

2.1 The Rental Conditions apply to all Offers from AW Tech and to all Agreements entered into by AW Tech, whatever their name is. In particular, the Rental Terms and Conditions apply to agreements entered into by AW Tech to lease movable property to a Counterparty.

2.2 If the Other Party in its Offer or other correspondence relating to the Agreement would refer to other conditions, the applicability thereof is explicitly rejected. Any provision to the contrary in such other conditions does not affect the foregoing.

2.3 Deviations from and / or additions to the Agreement and / or any provision from the Rental Terms and Conditions are only valid if and insofar as they have been explicitly agreed in Writing, and only relate to the relevant Agreement. If such a deviation or supplement is tolerated by AW Tech, it will have no precedent effect and the Other Party cannot derive any rights from it for any future Agreements.

2.4 The Other Party with whom a contract has been concluded once with the application of these Rental Terms and Conditions, agrees with the applicability of the Rental Terms and Conditions to subsequent Agreements between it and AW Tech.

Article 3: Offers

3.1 Offers are entirely without obligation and do not bind AW Tech in any way, unless the contrary is explicitly and unambiguously determined in the Offer itself.

3.2 An Offer is valid for two weeks after the date thereof, after which it expires.

3.3 Data provided by AW Tech remain the property of AW Tech, may not be reproduced and / or provided to third parties without the express Written consent of AW Tech, and must be immediately returned to AW Tech upon request. AW Tech also reserves all existing intellectual and industrial property rights, if any.

3.4 The information provided by AW Tech only serves as an example, from which no rights can be derived.

Article 4: Formation of the Agreement

4.1 An Agreement is only concluded if and insofar as AW Tech has made an Order Confirmation or has concluded a Rental Contract with the Other Party. The Agreement is deemed to have been concluded at the time at which the Order Confirmation has been sent by AW Tech, or the Rental Contract has been signed by the Other Party or is otherwise confirmed.

4.2 The Order Confirmation, or the Rental Contract, is deemed to fully and accurately reflect the content of the concluded Agreement. The Other Party is deemed to agree with the content of the Order Confirmation, unless it notifies AW Tech in writing within 5 working days of the date of the Order Confirmation that it cannot agree with the content. By signing / confirming the Rental Contract, the Other Party agrees with the content thereof.

4.3 A written Offer can only be revoked or changed in writing and only if this revocation or this request for change has reached AW Tech, before the Order Confirmation has been sent, or AW Tech has actually implemented the Agreement. In any case, a written Offer has become irrevocable if a cancellation has not been sent within 5 working days of the date thereof. An oral Offer is irrevocable.

4.4 AW Tech has the right to refuse an Offer without giving reasons.

4.5 Contrary to the provisions of Article 4.1, an Agreement may also be concluded because AW Tech, after receiving an Offer, commences the actual implementation thereof.

Article 5: Content of the Agreement

5.1 The content of the Agreement and the scope of the obligations are exclusively determined by the Order Confirmation / Rental Agreement and the provisions of the Rental Conditions. If, with regard to the same Agreement, both an Order Confirmation has been sent and a Rental Contract signed by AW Tech or issued by AW Tech and signed / not contested by the Other Party, the content of the Contract is drawn up, determining the Rental Contract. All this unless otherwise agreed in writing.

5.2 Any additional agreements, promises or announcements made or made by employees of AW Tech, or on behalf of AW Tech made or made by other persons acting as representatives, only bind AW Tech if these agreements, promises or announcements by its authorized directors to represent, or by these authorized persons, have been confirmed in writing.

5.3 For Data provided by manufacturers and / or importers, AW Tech does not accept any liability with regard to the correctness or completeness thereof.

5.4 Minor deviations from the Agreement by AW Tech are permissible if and insofar as the Other Party has not submitted a written statement of its essential requirements prior to the conclusion of the Agreement and insofar as the performance to be delivered by AW Tech is not material becomes different.

5.5 Only if the Other Party demonstrates that the goods deviate from the Agreement and / or the Data provided by AW Tech in such a way that the Other Party can no longer reasonably be obliged to perform, does the Other Party have the right to terminate the agreement. AW Tech, however, is under no circumstances liable for any compensation.

5.6 AW Tech is entitled, in order to fulfill its obligations under the Agreement, to hire (similar) items (possibly including personnel) from a third party.

Article 6: Rental period

6.1 The rental period commences on the date and time as agreed and more specifically:

6.2 Unless explicitly agreed otherwise, the agreed end date is indicative. The rental period actually ends:

6.3 If there are several leased items under the same Agreement, it is also possible to deregister per (number of) items (partial deregistration). The associated delivery and removal costs per (extra) journey are at the expense of the Other Party. For the remaining items, the rent continues until the lease term is terminated in one of the ways described in Article 6.2.

6.4 The cancellation may not be sent later than the desired end date.

6.5 The written cancellation must be sent by fax to the site / department of AW Tech with which the lease agreement is concluded, and must contain the following information:

6.6 The rental period may be extended by the Other Party, both in writing and by telephone, up to the written cancellation.

Article 7: Delivery and risk

7.1 Although the specified delivery times will be taken into account as far as possible by AW Tech, these are only approximations and do not bind this AW Tech. Unless otherwise agreed in Writing, the specified delivery period will never be regarded as a strict deadline.

7.2 However, if the delivery period is exceeded, the Other Party is entitled to grant AW Tech a reasonable period for compliance by registered mail, which period is in any case no shorter than two working days, calculated from the date of receipt of the registered item by AW Tech.

7.3 The Counterparty is only entitled to terminate the Agreement after exceeding the deadline (agreed upon in accordance with Article 7.1 or stipulated in accordance with Article 7.2). AW Tech, however, is under no circumstances liable for any compensation.

7.4 AW Tech is authorized to deliver in parts, or to wait with delivery until the entire order is ready. In appropriate cases, consultations will be held with the Counterparty. In the event of partial deliveries, AW Tech is authorized to invoice the goods already delivered immediately.

7.5 The goods are deemed to have been delivered and the risk thereof transferred to the Other Party: + a. upon delivery from the company of AW Tech: at the time of actual provision of possession; + b. for delivery at another location: at the moment that the goods are unloaded at the agreed location.

7.6 Delivery of the rented goods delivery will take place in previously agreed parts of the day. Exact times cannot be scheduled here; the AW Tech only delivers on the ground floor.

7.7 The Other Party must ensure that a person authorized to do so is present during the agreed delivery day for the receipt of the rented goods. If no one is present on delivery, AW Tech has the right to take back the rented item. The Other Party will then still owe the transport costs. However, AW Tech can, after consultation with the Other Party, also deliver the rented property, but in the event of a difference of opinion as to whether or not the delivery took place in the agreed number and / or the agreed condition, the Other Party explicitly bears the burden of proof in this regard.

Article 8: Return and risk

8.1 After the end date stated in the written notice, the Other Party remains responsible for the rented property for two working days and therefore also liable for damage / loss as described in Article 11. This responsibility ends at 18:00 on the aforementioned second working day.

8.2 The provisions of Article 19. apply in full to the above.

8.3 The Other Party must ensure that, following written cancellation, the items can be collected by AW Tech daily between 8:00 AM and 6:00 PM at the specified location.

8.4 The Other Party must ensure that someone is present for the return of the goods during the aforementioned period. If no one is present during the collection, AW Tech can nevertheless take the goods back. However, if a dispute arises as to whether the rented property has been left in good condition or the correct number by the Other Party, the Other Party B expressly bears the burden of proof in this regard.

8.5 The items must be sorted, cleaned, ordered and stacked on the ground floor. The packaging that accompanies the rented goods remains with the Other Party for quality. If the goods are not prepared for transport, the Other Party forfeits a lump-sum fine of € 150.

8.6 Rented goods are checked after being returned to the company of AW Tech or to the company of the third-party lessor. The taking of the goods by the expedition of AW Tech or the expedition of the third-party lessor cannot be regarded as such a check. If the Other Party wishes to be present at the check, it must state this when entering into the Agreement, so that an appointment can be made for the time of the check (within 24 hours of taking back). If pollution / contamination or incorrect packaging has been determined without the Other Party being present, the check by AW Tech or the third-party lessor is binding, and the costs thereof will be charged to the Other Party.

8.7 If damage to the rented property is found during the aforementioned inspection, the Other Party will be informed as soon as possible. In this claim notification a period will be set within which the damaged item is kept available for the Other Party, for the benefit of a (counter / contradictory) expertise. After this period has expired, repairs or replacement will be carried out and all costs as referred to in Article 11.5 (or possibly the deductible excess) will be charged to the Other Party. If the Other Party does not make use of the possibility of a contra / contradictory nature, the damage assessment by AW Tech or the third-party lessor is binding.

Article 9: Prices

9.1 The prices are exclusive of VAT, maintenance, transport and possibly loading and unloading.

9.2 AW Tech has the right to increase the agreed prices if factors on which the prices are based change. The aforementioned factors include: changes in freight rates, import and export duties or other levies and / or taxes at home and abroad, wages, social security charges, exchange rates and raw material prices.

Article 10: Obligations of the Other Party

10.1 The Other Party / its staff, auxiliary persons and / or other persons who operate the rented property on the instructions and / or under the responsibility of the Other Party must be familiar with the user instructions present at the rented property and / or confirmed to the rented property and / or ( other) manuals and to act accordingly. The Counterparty also guarantees that all persons who operate the rented property are competent with regard to this operation and have the relevant (legally) required diplomas, certificates, driving licenses, etc. The above applies on pain of forfeiture of insurance coverage and / or coverage on on the basis of the claim redemption scheme as described in Article 19.

10.2 Although the agreed end date of the lease term is indicative, the Other Party has a obligation to return after the expiry of this term.

10.3 If the rented property is not returned / deregistered to AW Tech at the end of the agreed lease term, or the provisions of Article 11.4 occur, AW Tech, after finding this, will be notified to the Other Party in the manner described in Article 6.2. under C the option was offered to return the rented item, or to report the theft. In this case, the rental period ends as soon as the rented property is returned or deregistered, or at the time as described in Article 6.2 under C or Article 11.3. If the Other Party has not returned the leased property after the specified period has expired or has not made a declaration, it will be in default. In addition to the rent, the Counterparty in this case also owes the current value of the non-returned item / items to AW Tech.

10.4 The Other Party returns the leased property to the same site of AW Tech as the one where the Agreement was drawn up. If the Other Party wishes to return the rented goods to another location, this is only possible in consultation and possibly against payment of a fee.

10.5 The Other Party must return the leased property to AW Tech on the agreed date (and time), in the same condition in which it received the leased property at the start of the lease term. The Counterparty must return the items cleaned and, in the same way as it has received, sorted and returned in correct crates, etc. Extra working time due to non / insufficient sorting or cleaning will be charged.

10.6 The Other Party undertakes to pay all costs, taxes (including pre-tax) and fines arising from the use of the leased property by it or third parties.

10.7 If applicable, the Other Party must ensure at its own expense that it has the necessary permits and approvals in good time before the delivery of the leased property.

10.8 The Other Party undertakes to grant AW Tech access to the rented property at all times, to reject claims from third parties on the rented property and to indemnify AW Tech against this. Subletting and making available to third parties is only permitted after explicit written permission from AW Tech, on pain of forfeiture of insurance coverage and / or coverage on the basis of the surrender arrangements as described in Article 19, in the event of damage / loss at the time of the unauthorized subletting / availability.

10.9 The Other Party is obliged to take preventive measures to prevent theft, such as, but not exclusively: the (correct) use of (possibly supplied) locks, locking, storing, placing out of sight of third parties, chaining, etc., of the rented.

10.10 The Other Party is obliged to perform daily maintenance on the rented property. If the required expertise is lacking, assistance must be sought from AW Tech and the costs will be borne by the Other Party. Repairs to the rented property by the tenant itself are not permitted. Unless otherwise agreed, the Counterparty owes the maintenance costs to AW Tech in the case of leases for such a long period that maintenance is required by AW Tech on the leased property. The Other Party will continue to owe the rental price during the period that maintenance is carried out by AW Tech!

10.11 Service personnel work under the responsibility of Counterparty B. Counterparty B indemnifies AW Tech and the service staff, except in the case of intent or gross negligence, from any liability.

Article 11: Damage and loss

11.1 Damage to the leased property, caused within the period in which the Other Party is responsible for the leased property, must be reported to AW Tech immediately after discovery, but at the latest within 48 hours after its occurrence.

11.2 In the event of theft / loss of the rented property, the Other Party is obliged to report this to AW Tech within 24 hours after discovery and to report the theft to a police station. The Counterparty is also required to submit a (copy of the) report of the declaration to AW Tech.

11.3 Contrary to the provisions of Article 6.2, insofar as it concerns the stolen item / items, the date on which the item / items are (probably) stolen, as stated in the report, applies as the end date of the rental period. . For any other matters on the same agreement, the rent continues until the lease term is terminated in one of the ways described in Article 6.2.

11.4 If the Other Party fails to make a declaration and / or hand over an official report of the declaration to AW Tech, the theft is considered an embezzlement, for which the fire / theft regulation referred to in Article 19. does not provide cover.

11.5 In the event of theft or (economic) total loss of the leased property, the Other Party undertakes to compensate the damage to AW Tech at the current value. In the event that repair is still possible, the Other Party undertakes to reimburse the repair costs involved. The same applies to damage to / theft of parts and / or accessories of the rented property. In addition, the Other Party remains liable for all other damage suffered as a result of AW Tech (such as, but not limited to: expertise costs, loss of revenue and / or profit, etc.).

11.6 For missing items, for which AW Tech has already charged the current market value to the Counterparty and which is subsequently found and returned by the Counterparty, the Counterparty owes the rental price up to the issue date. This is deducted by AW Tech from the reimbursement of the current value to be returned to the Other Party.

11.7 The expertise made by or on behalf of AW Tech for determining damage, repair and / or cleaning costs to the leased property is directly for the account of the Other Party. The Other Party agrees in advance that an expertise is carried out at the expense of the Other Party, by an expertise agency designated by AW Tech, if this is deemed desirable by AW Tech and, in other cases, an expertise is carried out by AW Tech.

11.8 The Other Party is held liable regardless of whether it is to blame for the damage, loss, theft or rendering the rented property unusable or worthless.

11.9 AW Tech declares that liability insurance has been taken out for objects subject to WAM that meets the requirements set by or pursuant to the Motor Vehicle Liability Insurance Act. However, at the expense of the Counterparty, which must safeguard AW Tech, the following shall be charged:

Article 12: Transport

12.1 The Other Party bears the risk of loss or damage to the leased property during the entire rental period, therefore also during transport that it carries out. The Other Party is obliged to package and load the rented goods in accordance with the nature of the goods and the method of transport. This also applies to the Counterparty who receives the goods from AW Tech in containers, but who is responsible for unloading and reloading. The goods must be loaded carefully, so that no damage can occur during transport due to shifting or falling over of the load

12.2 If, at the request of the Other Party B, the services of AW Tech employees are used during loading / unloading, coupling or uncoupling, this shall be entirely at the Other Party's own risk.

12.3 Unless otherwise agreed in writing, if it has been agreed that the goods will be delivered and / or collected by AW Tech to the Other Party, the Other Party must assist in loading / unloading the goods at the agreed location. If the Other Party does not provide the necessary assistance with loading and / or unloading of the goods, the resulting costs will be borne by the Other Party.

Article 13: Liability of AW Tech

13.1 The liability of AW Tech is expressly limited to direct damage to property and personal injury to items and persons of the Other Party, caused by a demonstrable Defect in the rented item or by intent or gross negligence on the part of AW Tech. The liability of AW Tech is also limited to the amount that is paid out in the relevant case under the relevant liability insurance policy. Liability for other (consequential) damage and financial damage, by whatever name, including the rental / purchase of a replacement item, loss of turnover and / or profit, delay damage and standstill damage, is expressly excluded.

13.2 AW Tech's liability can never exceed the Order Amount (with a maximum of the amount of one term invoice (= rental period of 4 weeks) for long-term leases), unless and insofar as based on its insurance in that specific case a higher amount is paid.

13.3 The Other Party B shall indemnify AW Tech against claims from third parties on the basis of damage with, by or in connection with the rented item.

13.4 Any liability expires after the lapse of one year from the date of the claim.

Article 14: Collection and inspection

14.1 At the time of purchase, the Other Party will inspect the rented goods for externally observable Defects and sign the delivery note presented for proper receipt. In addition, the Other Party will state all possible Defects on the relevant document. The goods are deemed to have been delivered in good condition and in accordance with the Agreement, if and to the extent that the aforementioned documents do not state otherwise.

14.2 Complaints from the Other Party that relate to externally observable Defects in the goods and that were discovered during the inspection referred to in paragraph 1 must be reported in writing to AW Tech by the Other Party within 24 hours of delivery.

14.3 Defects that were not discovered at the time of the aforementioned inspection and should not have been discovered during this inspection, must be notified by the Other Party to AW Tech within 48 hours after discovery thereof, in the same way as stated in paragraph 2.

14.4 In the event of damage as referred to in Article 13.1, the Other Party must report this to AW Tech within 48 hours after its occurrence in the same manner as stated in 14.2. This damage report also indicates the probable damage level and gives AW Tech the opportunity to have a (counter / contradictory) expertise carried out within a reasonable period of time. The aforementioned reasonable period is at least 2 weeks from the date of receipt of the claim notification by AW Tech.

14.5 Any right of claim of the Other Party vis-à-vis AW Tech, relating to damage as referred to in Article 13.1, lapses if: + a. the damage and / or Defects have not been notified to AW Tech within the periods stated above in paragraphs 2, 3 and 4 and / or in the manner indicated therein; + b. the Counterparty does not / insufficiently cooperate with AW Tech in this regard to investigate the merits of the complaints; + c. the Other Party has not properly prepared, handled, used, stored or maintained the goods or if it has used or handled the goods under circumstances that were unsuitable for the goods; + d. the Other Party has carried out repairs and / or changes to the goods without prior, explicit and Written permission from AW Tech; + e. the case is taken into use after the discovery of the Defects as referred to in paragraph 2, or if the use of the case is continued after discovery as referred to in paragraph 3; + f. AW Tech has not been offered the option of (counter / contradictory) expertise, as referred to in paragraph 4.

Article 15: Reservation and cancellation

15.1 It is possible to reserve items for rent at AW Tech. At the conclusion of the Agreement, the time and period to which the reservation relates and at which the items must be available to the Other Party are determined in mutual consultation and laid down in the Agreement. If the Other Party does not purchase the reserved items at the agreed time and for the agreed period, the Other Party is nevertheless obliged to pay the full rental price.

15.2 Without prejudice to the foregoing, the Other Party may cancel the reservation in writing before the time of making the rented item available. However, the Other Party will then owe the following compensation: + 60% of the net Order Amount, if the cancellation occurs between the 59th and 30th day before the time at which the goods would be made available to the Other Party; + 70% of the net Order Amount in the event of cancellation between the 29th and 10th day before the aforementioned time; + 80% of the net Order Amount in the event of cancellation after the 10th day before the aforementioned time.

Article 16: Payment

16.1 Unless otherwise agreed in writing, the Order Amount must be paid in cash immediately after the return of the leased property.

16.2 Unless otherwise agreed in writing, or otherwise stated on the invoice, the Order Amount must be paid within 14 days after the invoice date, without any right to discount or settlement. A 2% credit limit applies after 14 days. When renting for a longer period of at least 4 weeks, the rent is paid to AW Tech in advance per 4 weeks. The period for objecting to an invoice expires 10 days after the invoice date. Without Written permission from AW Tech, the Other Party is not authorized to settle or suspend the fulfillment of its payment obligation.

16.3 All payments must be made at AW Tech's company or into an account to be designated by it. In the case of payment by bank or giro, the day of crediting the account of AW Tech counts as the day of payment.

16.4 If the Other Party does not pay within the stipulated period, it will be in default, without a notice of default being required. In that case, the Other Party forfeits, from the due date until the day of payment in full, an interest equal to the statutory interest plus 10% per annum, calculated on the unpaid amount. This interest is immediately payable without further notice of default. All costs involved in the collection of invoiced amounts (including the extrajudicial collection costs) will be borne by the Other Party. The extrajudicial collection costs amount to a minimum of 15% of the principal sum, with a minimum of e 340.- all excluding sales tax. The same applies if collection by AW Tech fails due to an insufficient balance, or any other impediment on the part of the Other Party or for its risk.

16.5 Payment is first deducted from the collection costs, then from the interest due and then from the principal sum. If the Other Party leaves several invoices unpaid, a payment, with due observance of the provisions in the previous sentence, will first be deducted from the oldest invoice and then from the second oldest invoice, and so on.

16.6 In addition, AW Tech, if the Other Party does not, not timely or properly fulfill its obligations under the Agreement, to the extent possible cumulatively, has the right to / on: a. Suspension of the implementation of that Agreement and / or directly related Agreements , until payment is sufficiently secured; b. full or partial (extrajudicial) dissolution of that agreement and the related agreements, without AW Tech being obliged to pay any compensation; c. compensation for damage suffered by AW Tech.

16.7 In the event of (provisional) suspension of payment, bankruptcy, cessation, liquidation or curatorial order of the Other Party, all Agreements with the Other Party will be terminated, unless AW Tech informs the Other Party within a reasonable period of time ) concerning Agreement (s). In this case, AW Tech is entitled, without notice of default, to suspend the implementation of the relevant Agreement (s) until payment has been sufficiently secured, without prejudice to any further rights vested in AW Tech.

16.8 In each of the cases referred to in paragraphs 6 and 7, all claims of AW Tech against the Other Party are immediately due and payable in full, the customer is obliged to return the rented items immediately and AW Tech has the right to gain access to enter the premises and buildings of the Other Party in order to take possession of the goods in question. All costs involved and consequent damage suffered by AW Tech will be borne by the Other Party.

Article 17: Non-attributable shortcoming

17.1 If, due to force majeure, AW Tech is unable to fulfill any obligation towards the Other Party, compliance with this will be suspended for the duration of the force majeure situation, with a maximum of two months. After these two months both parties have the right to dissolve the Agreement, in whole or in part, in writing.

17.2 AW Tech is not obliged to pay any compensation to the Other Party if, due to force majeure, it has not been able to comply properly or on time.

17.3 Force majeure should be understood to mean: any circumstance beyond the control of AW Tech that is of such a nature that compliance with the Agreement cannot reasonably be expected from AW Tech. This also includes: strike, riot, war and other riots, boycotts, blockades, natural disasters, epidemics, lack of raw materials, prevention and interruption of transport options, extreme weather conditions, fire, machine breakdown, disruptions in AW Tech's company, problems with suppliers and / or measures of any government agency.

Article 18: Retention of title and security

18.1 The rented items remain the property of AW Tech at all times, regardless of the duration of the Agreement. If the Counterparty intentionally appropriates the rented property, there is an embezzlement. The Agreement will not be extended due to the late return of the rented property, although the risk remains entirely with the Other Party.

18.2 The Other Party is not entitled, subject to Written permission from AW Tech, to alienate, pledge or otherwise encumber the rented goods for third parties.

18.3 The Other Party will immediately notify AW Tech in writing if the matter is seized or if (any part of) the matter is claimed. If the Other Party is aware of a possible seizure of the case, it must inform AW Tech of this. In addition, the Other Party shall inform AW Tech at its first request to that effect where the relevant item is located.

18.4 In the event of seizure of (part of) the rented item, (provisional) suspension of payment or bankruptcy of the Other Party, the Other Party will immediately inform the seizure of bailiff, administrator or trustee of the (property) rights of AW Tech .

18.5 If there is good reason that the Counterparty will not strictly fulfill its obligations, the Counterparty is obliged at the first request of AW Tech to provide adequate security in the form desired by AW Tech and to supplement this if necessary by complying with all its obligations. As long as the Other Party has not complied with this, AW Tech is entitled to suspend compliance with its obligations.

18.6 If the Other Party has not complied with the request, as referred to in paragraph 5, within 8 days of a Written warning to that effect, Article 16.8 applies mutatis mutandis.

18.7 Unless agreed otherwise in writing, the Other Party will owe a deposit per Agreement. The deposit is determined in proportion to the specified rental period and the value of the rented property. If the Other Party wishes an extension of the Agreement, it must pay a new deposit at the latest on the day of the commencement of the extension.

18.8 If the Other Party does not pay a deposit in time, AW Tech may unilaterally terminate the Agreement, without prejudice to AW Tech's right to compensation.

18.9 The deposit may not be considered by the Other Party as a prepayment on the rent due or as a lump sum payment of any risk of damage, theft or misappropriation of the rented property. At the end of the Agreement, however, AW Tech has the right to compensate amounts owed by the Other Party with the deposit. The deposit is refunded if it is established that the Other Party has met all its obligations.

Article 19: Insurance and surrender arrangements

19.1 In accordance with Article 11. the Other Party is liable for all damage to and disappearance of the rented property, which occurred during the rental period, regardless of whether it is to blame for this. The Other Party is obliged to take preventive measures to prevent theft of the rented property, given that it has a refund obligation, which is not canceled, not even by chance, or intervention by a third party.

19.2 The Other Party can largely buy off the above-mentioned risk by means of the arrangements below. It is not possible to conclude (one of) both schemes for all matters. For the items to be rented for which (one of) these arrangements are (are) possible, the conclusion of the surrender arrangement (s) is in principle mandatory. Deviating agreements on this may have been made in a possible (framework) agreement. Nevertheless, the content of the relevant individual Agreement also determines whether (one of) both regulations apply.

19.3 For the specific content (and rates), AW Tech refers to the conditions for these schemes. These conditions are available at every AW Tech location and can be consulted on A copy may be sent on request.

A. Claims settlement scheme for individuals and companies

19.4 In order to protect both the private tenant and the commercial tenant from unforeseen costs at his expense if he causes damage to the rented property, AW Tech can oblige the Other Party to buy off any damage to the rented property in advance by means of the so-called damage waiver scheme (SA) ). The coverage of the SA only applies to the Other Party and, in particular, is excluded from the coverage: damage as a result of fire, theft, improper and / or careless use and / or negligence and items from third-party landlords.

19.5 A surcharge of 10% of the rental price applies to the SA, unless this percentage is deviated from in writing. An excess applies to the SA, depending on the value of the rented property.

B. Insurance

19.6 If the Other Party wishes to take out its own insurance for the rented property, then AW Tech is expressly entitled to require the Other Party to include AW Tech as a beneficiary, or to provide confirmation of coverage. Any deductibles are at the expense of the Other Party.

19.7 In the event of an admission arrangement for a CAR insurance policy of the Other Party, the Other Party declares in advance that AW Tech can and may derive rights from the CAR insurance as (co-) insured. Any deductibles are at the expense of the Other Party.

Article 20: Final provisions; applicable law and choice of forum

20.1 The invalidity or voidability of any provision of these Rental Terms and Conditions or Agreements does not affect the validity of the other provisions. AW Tech and the Other Party are obliged to replace provisions that are invalid or have been annulled by valid provisions with as much scope as possible as the invalid or annulled provision.

20.2 All disputes arising as a result of, or arising from, an Agreement concluded with AW Tech, will be judged by the Peace Court of Izegem, at the option of AW Tech, under the exclusive application of Belgian law.

20.3 Contrary to the previous paragraph, at the option of AW Tech, the court in Kortrijk has jurisdiction and Belgian law applies if the Other Party has Belgian nationality and / or is resident / established in Belgium, and the Agreement has been concluded with AW Tech in its capacity as AW Tech BVBA

20.4 AW Tech reserves the right to sue the Other Party in the district where it has its registered office or office.

20.5 Contrary to the foregoing, disputes with Counterparty A will be settled by the judge who, according to common law, is competent to take cognizance of the dispute.

20.6 In the event of disagreement over the interpretation of the Rental Terms and Conditions, the Dutch text is binding.

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