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  2. Terms and conditions

General terms and conditions for staff hire and equipment hire/sale

 

1.0 Quotations and price changes

  1. All offers made by RBC are without obligation.
  2. RBC reserves the right at all times to make price changes, among other things, based on the change of employment conditions and/or social security legislation.

2.0 Agreement

  1. Agreements are only established through written acceptance by the client of RBC’s offer and reconfirmation thereof by RBC.
  2. Deviation from a negotiated agreement can only be made in writing where RBC must explicitly agree to the deviation in writing.
  3. The client is obliged to communicate all relevant information to RBC that the latter requires for the correct performance of its assignment.
  4. All rental agreements, unless explicitly stated otherwise, are entered into for an indefinite period. Rental agreements are automatically renewed for the same period.

3.0 Payment term and settlement

  1. RBC invoices upon commencement of rental work or upon delivery of materials. The payment term is 30 days from the invoice date.
  2. The client may not set off claims it has, or believes it has, against RBC against the amounts invoiced by RBC to the client.
  3. If the client does not pay the invoices within the applicable period, the client will owe a collection fee of 15% of the principal sum.

4.0 Termination of rental agreement

  1. Rental agreements for an indefinite period may be terminated subject to three months’ notice and by registered letter.
  2. Fixed-term rental agreements can only be terminated by the end date of the agreement subject to three months’ notice and by registered letter.
  3. Both parties may terminate the rental agreement without observing any notice period if one of the parties is declared bankrupt or obtains a moratorium.
  4. RBC may terminate the rental agreement without observing any notice period if there is a change of management at the client.
  5. RBC may terminate the rental agreement without observing any notice period if the client is in default regarding the fulfilment of any of its contractual obligations towards RBC.

5.0 Choice of law and competent court

  1. All agreements between RBC and its client shall be governed by Dutch law and the Court of Rotterdam shall have jurisdiction to hear any dispute between the parties.

Specific provisions for hiring personnel 

6.0 Miscellaneous

  1. The minimum shift of a fire and/or safety watch is eight hours. A fire and/or safety watch cannot be deployed for a shorter period.
  2. The client is prohibited from taking over personnel engaged by RBC at the client’s premises at the time the work is carried out and for 1 year after the work is completed. Violation of this ban is punishable by a fine of €10,000 each time and €500.00 for each day the violation continues.

7.0 Liability for deployed personnel

  1. The client must report any damage within 1 week after the damage is found and any claim for damages against RBC shall lapse after 1 year.
  2. RBC is not liable for damage inflicted by deployed personnel during the performance of their work for the client, except for inflicted immaterial damage (personal injury) on personnel working for the client and except for damage inflicted on materials of the client (property damage). Expressly excluded from liability is consequential damage (including indirect damage, lost turnover/profit, missed savings and damage due to business interruption).
  3. Liability for the above damages shall at all times be limited to an amount of €2,500,000.00 per event and an amount of €5,000,000.00 per year.
  4. RBC is liable only according to the terms and conditions as stated in Aon Risk Solutions’ brokerage statement.

Specific provisions for rental of equipment

8.0 Rates and costs

  1. The rental is entered into for the minimum period of one business day, or a multiple thereof. The rental period commences on the day the equipment is handed over by RBC and ends on the day RBC takes possession of the equipment.
  2. In case the rented equipment is temporarily out of service due to a defect that is due to improper use by the renter, the renter is obliged to continue paying the rental price.
  3. All transportation costs of the rented equipment to and from the renter and related expenses are borne by the renter.
  4. The renter is liable for damage, which arises during the rental agreement to the rented equipment unless caused by normal wear and tear of the equipment itself. The renter is liable for loss or theft.
  5. All taxes or charges of any kind due on the use and/or installation of the equipment at the renter’s premises shall be borne by the renter.
  6. RBC reserves the right to require a deposit from the renter at any time during the performance of the contract.

9.0 Obligations of the renter

  1. The renter is obliged to treat all rented equipment according to the instructions provided with the rented equipment. The renter is expected to observe the maintenance and overhaul intervals as stated and to notify RBC if necessary.
  2. The renter is required to have all permits and powers necessary to work with the equipment before installing and using the equipment. They will ensure use of the equipment only in accordance with the applicable licences and all relevant legal and regulatory requirements.
  3. The renter must inform RBC without delay of all rights or claims that third parties believe they may assert against the rented property. Damage occurring during the rental period must be reported to the letter immediately.
  4. The renter is obliged to declare to RBC the place where the installation is in use. RBC will always have to be granted access to this place to carry out checks or maintenance work.
  5. Subletting or lending the equipment to third parties is not permitted without RBC’s written consent.
  6. Under no circumstances shall the renter make any alteration or modification to the equipment, including to make it suitable for the purposes for which the renter wishes to use the equipment.
  7. The renter is obliged to return the equipment in undamaged and cleaned condition at the end of the rental period.

10.0 Malfunctions

  1. Equipment malfunctions should be reported immediately, but at the latest within 24 hours, to RBC’s service department. In case of malfunctions, the relevant equipment will be repaired or replaced on site by RBC at the renter’s expense, unless the malfunctions is caused by normal wear and tear or defect of the resource itself. No rent will be charged for malfunctions lasting more than one day, provided the malfunction was reported in time and is the result of normal wear and tear or a defect in the equipment itself. Work on the rented equipment may only be carried out by persons appointed by RBC for this purpose, with the exception of daily inspection work according to the instruction.

11.0 Liability

  1.  The renter is liable for any damage caused to or by the equipment or caused by work carried out with the equipment. The renter will indemnify RBC for all claims against RBC arising from the use of the rented equipment.
  2. If the renter suffers damage as a result of an attributable shortcoming of RBC towards the renter, RBC’s liability shall be limited to the amount of the rent for the period that the renter was unable to use the rented equipment. In particular, RBC accepts no liability for consequential damages.

Specific provisions for sale

  1. RBC shall only be liable up to the invoice amount of the delivered product and any associated installation costs. RBC shall not be liable for consequential damages (including indirect damages, lost profits, lost savings and damages due to business interruption) and any claim for damages against RBC shall lapse after 1 year.
  2. RBC retains ownership of all goods delivered and to be delivered until the purchase price for all such goods has been paid in full.