General Terms and Conditions of Operational Lease
Version USC a/o StowBox 2019/01
Article 1. Applicability and modification
1.1 These General Provisions form part of the Master Agreement of Operational Lease concluded between Streppel BV (Trading name: USC / StowBox (hereinafter referred to as: USC and / or StowBox) and the Client and apply to all quotations and Agreements of USC and / or StowBox regarding Operational Lease.
1.2 Deviating provisions only apply if they have been agreed in writing between the parties.
1.3 If any provision of these General Provisions would be void, the General Provisions for the remainder will remain in force as far as possible and the relevant provision will be replaced by a provision that approximates the original intention of that provision as much as possible.
Article 2. Legal relationship
The Order Form / Agreement Operational Lease, hereinafter referred to as “Agreement”, is intended to provide the Client with the right to use the Storage Box(es), hereinafter referred to as “Storage Box”. USC and / or StowBox remains the legal and economic owner of the Storage Box, and the Client is prohibited from alienating, pledging or otherwise encumbering, hiring or in any way giving it to third parties or using it for any purpose other than for which the Storage Box is intended, or rights or obligations transfer to third parties under the Agreement.
Article 3. Duration of the agreement
3.1 Without prejudice to the right to premature termination as described in Article 14 of these terms and conditions, the Agreement ends after the agreed duration of the Agreement in months calculated from the delivery of the Storage Box to the Client.
3.2 The provisions of the Agreement remain fully applicable for the period of extended use of the Storage Box. USC and / or StowBox can, however, adjust the lease term if the market circumstances give cause for this.
Article 4. Delivery
4.1 Upon delivery of the Storage Box, the Client will also receive information from USC and / or StowBox about the use and maintenance of the Storage Box and the procedures to be followed. The Client is liable for following these guidelines and conditions.
4.2 After delivery of the Storage Box, the commissioning of the Storage Box is confirmed by a so-called “Deployment Confirmation”.
4.3 In the event that the Storage Box that is ready for delivery is not received by the Client within a reasonable period of time, the delivery will be deemed to have taken place five (5) days after the Client has been informed that the Storage Box is ready for delivery.
4.4 Exceeding a delivery period specified by USC and / or StowBox does not constitute a default on the part of USC and / or StowBox.
4.5 Upon termination of the Agreement before the delivery date of the Storage Box, the resulting costs will be charged on to the Client by USC and / or StowBox once, with a minimum of 15% of the total lease sum.
Article 5. Lease price
5.1 The lease price comprises the costs and services that have been declared applicable as such in the Agreement, at least insofar as the Storage Box has been used judiciously and the Client has acted in accordance with the guidelines received from USC and / or StowBox.
5.2 The lease price has been calculated by USC and / or StowBox on the basis of the data known at that time and taking into account the duration in months upon entering into the Agreement.
Article 6. Adjustment of the lease price
6.1 The lease price can be adjusted if changes occur in the elements of the lease price between the date of tariff calculation and the date of delivery of the Storage box such as:
a) purchase price of the Storage box and accessories
c) insurance premium
d) government levies
6.2 During the term of the Agreement, USC and/ or StowBox may adjust the lease price in the event of a change in the lease price:
the costs of insurance and / or cover against hull damage;
government measures, including any government-imposed levies that directly result in a change in costs;
the Tax or other external circumstances that influence the economic risk and / or the value of Storage Boxes;
the specification of the Storage Box at the Client’s request or as a result of legal provisions;
increase in maintenance costs by more than 5 percentage points according to the Dutch statistic index figures (CBS);
6.3 The adjusted lease price applies in the case of the cases referred to in Article 6.2 from the moment the circumstances have changed.
Article 7. Payment of the lease price
7.1 Client must always pay the amounts owed including sales tax (unless VAT-0 applies) in time:
the “Monthly Amount”, which is payable in advance, each time on the first working day of the month in question. If the monthly amount relates to part of a month, the monthly amount is due proportionally;
other amounts owed immediately after invoicing.
7.2 Client authorizes USC and / or StowBox to collect all claims from his bank account, in accordance with the guidelines for bank credit transfer.
7.3 In the event of late payment of any payment, USC and / or StowBox is entitled, without prior notice of default being required, to charge the Client interest on the period of arrears of one and a half times the statutory interest with a minimum of € 100 , -. If the Client is in default of payment, all extrajudicial costs of the collection will be incurred or to be incurred by the USC and / or StowBox at the expense of the Client.
7.4 Client is not entitled to suspend any payment with an appeal for compensation and / or set-off. All payments will be made without discount, settlement or suspension.
7.5 To assess whether the amounts due under the Agreements can be adequately met, the Client will make available to Lessor on first request financial information such as annual accounts if Lessor deems this necessary.
Article 8. Costs not included in the lease price
8.1 In addition to the lease price, all costs for the use and possession of the Storage Box that are not explicitly mentioned as being included in the lease price and not covered by the insurance taken out for the Storage Box are at the expense of the Client, including:
washing, cleaning, external and internal cleaning of the Storage Box, and storage fees;
repairs to all that does not belong to the version in which the Storage Box has been leased;
direct as well as indirect costs that are the result of careless management or incorrect use of the Storage Box;
repairs and parts not due to normal wear and / or mechanical defects or caused by negligence or careless use;
costs to be incurred for the creation of new keys.
Excess limits in case of damage or theft.
Article 9. Replacement Storage box
9.1 If the Storage Box cannot be used as a result of a defect or the repair thereof, USC and / or StowBox will make a replacement Storage Box available as soon as possible for the period that the Storage Box is not available to the Client, if possible of the same type and type. The provisions of this Agreement apply in full to the replacement Storage Box.
9.2 If and insofar as the use of a replacement Storage Box is not included in the lease price, the costs of a replacement Storage Box accepted by the Client will be charged separately to the Client, who will pay these costs immediately.
If the cost development of the Storage Box requires this, USC and / or StowBox is entitled to permanently replace the Storage Box for the remainder of the Agreement by a Storage Box of the same or practically the same type and design. . All this is done in consultation with the Client
Article 10. Use of the Storage box
10.1 The Client will use the Storage Box carefully (or have it used) in accordance with the implementation and qualities of the Storage Box and ensure that it is always in good condition. The Client shall take the necessary measures to prevent theft and behave as may be expected in a prudent manner.
10.2 The Client shall ensure that the Storage Box is not used for subletting and for use in an area in which the insurance does not provide cover.
10.3 The Client is permitted to provide the Storage Box with additional accessories, or at least to the extent that USC and / or StowBox has agreed to this in writing prior to applying it. If the client does not have permission from USC and / or StowBox to install additional accessories, the costs for returning the box in its original state will be borne by the client.
10.4 If the Client wishes to provide the Storage Box with advertising or equipment for the purposes of his business operations, permission from USC and / or StowBox is also required. The costs associated with applying and returning the Storage Box to its original state upon termination of the Agreement will be borne by the Client.
10.5 All government-imposed and / or imposed charges or fines and / or costs arising from the Client’s fault are for
account of the Client. Client indemnifies USC and / or StowBox against all claims based on violation of laws, regulations and
applicable provisions relating to the condition and use of the Storage Box. If USC and / or StowBox is nevertheless sued for this violation, USC and / or StowBox will charge the costs thereof with a surcharge for administration costs to the Client.
10.6 In the event of repeated violation of the provisions of the Act by the Client, USC and / or StowBox is entitled to terminate the Agreement immediately.
terminate entrance; The Client will then owe USC and / or StowBox the compensation as stated in Article 15.
10.7 The Client declares that he is aware that the seizure of the Storage Box by the police can take place if a serious violation is found
of the law. If this is the case, the Client owes USC and / or StowBox all costs, including legal costs, for obtaining the Storage Box. In the event that the Storage Box is forfeited by the court, the Client must fully indemnify USC and / or StowBox.
Article 11. Maintenance
The Client undertakes to maintain the Storage Box in accordance with the manufacturer’s maintenance schedule. Repairs and maintenance must be carried out by an official dealer in accordance with the provisions stated in the maintenance instruction booklet. USC and / or StowBox is entitled at all times to monitor the condition of the Storage Box.
The costs for the collection and delivery of the Storage Box to the relevant repairs are for the account of the Client. The costs for carrying out the maintenance are also borne by the Client.
Article 12. Repairs
12.1 For repairs and maintenance abroad, the Client must first consult (by telephone) with USC and / or StowBox. If the (approved) costs have been paid by the Client, these costs, after submission of the invoices and proof of payment, will be settled with the Client by USC and / or StowBox.
12.2 In the event of theft or damage, happening to or caused by the Storage Box, the Client is obliged to immediately notify USC and / or StowBox by telephone and subsequently within 48 hours in writing and as soon as possible statements from witnesses relating to the event.
12.3 Repairs to the storage box will only be carried out after written permission from USC and / or StowBox. The costs arising from these repairs are at the expense of the Client.
Article 13. Damage, theft and insurance
13.1 In the event of theft, vandalism and attempted burglary, the Client must at all times have an official report and / or police report drawn up and submit all documents from the Storage Box to USC and / or StowBox within 48 hours. Client is liable for the consequences of late or incomplete action.
13.2 The Client is obliged to strictly follow the instructions of USC and / or StowBox for repair of the damage.
13.3 In the event of damage, the Client owes the determined amount of Excess, unless the damage caused is wholly or partially compensated by a third party.
13.4 Damage to or loss of personal property of the Client or of third parties contained in the Storage Box will be borne by the Client, unless this damage is fully compensated by third parties. If and insofar as the property of the Client that is located in or on the Storage Box is involved in the insurance of USC and / or StowBox, as evidenced by a written confirmation at the start of the insurance cover, the Client is obliged to submit the original purchase invoices of the make the insured items available to USC and / or StowBox.
13.5 The definitive loss due to theft of the Storage Box, or in the event of such damage, that it is not economically or technically possible to repair it in the opinion of the insurers or USC and / or StowBox will cause the Agreement to end.
13.6 Client has received the insurance conditions that apply to the insurance to be provided by USC and / or StowBox, knows the content and declares that he agrees.
13.7 USC and / or StowBox reserves the right to revise the insurance terms and conditions and / or associated rates if the damage development gives cause for this.
Article 14. Premature termination
14.1 The Client may terminate the Agreement prematurely, on the condition that the Client informs USC and / or StowBox of this in writing two months in advance. The amount of compensation is the difference between the book value calculated in an annuity manner and the market value or the proceeds from the sale. Any other termination costs applicable to the USC and / or StowBox will also be borne by the Client.
14.2 USC and / or StowBox is entitled, taking the Storage Box (s), to terminate the Agreements concluded with Client after proper notice of default, without judicial intervention and without any compensation to Client, with immediate effect, without prejudice to its right to full compensation, including if:
Client despite reminders in default continues to fulfill its obligations towards USC and / or StowBox;
The Client applies for a suspension of payment, offers an amicable or judicial settlement, makes a declaration of bankruptcy or is declared bankrupt, when the Client is established abroad, or the Client sells, halts or liquidates his business;
an enforced recovery is levied on all or part of the Client’s assets or on the Storage Box, or a precautionary attachment imposed on it is declared of value, as well as in the case of tax or judicial attachment;
normal (insurance coverage against third-party liability and casco damage as a result of an extreme loss course can no longer be obtained;
the Storage Box is claimed by the government;
circumstances arise that jeopardize the recovery options of USC and / or StowBox with regard to the Client or the Storage Box.
14.3 In the event of termination by USC and / or StowBox of Agreements, the Client must fully indemnify USC and / or StowBox; payment of all remaining lease installments after deduction of the insurance premium component is the starting point. In the case of dissolution as indicated in Art. 14.2 a to f, USC and / or StowBox is also entitled to reimbursement of all other costs, damage and interest arising from the dissolution, including legal and other assistance.
Article 15. Herd and measures from third parties
15.1 If third parties wish to assert rights or take measures vis-à-vis the Storage Box, the Client shall immediately inform these third parties that it is not the Client but USC and / or StowBox who owns the Storage Box. If the Storage Box should fall under the control of the Client, he will immediately inform USC and / or StowBox and take measures himself if necessary.
15.2 USC and / or StowBox may itself take the measures deemed necessary for the protection of its rights. The Client hereby authorizes USC and / or StowBox to take these measures in its name if necessary. The costs of the measures to be taken are for the account of the Client.
Article 16. Returning the Storage box and final settlement
16.1 Upon termination of the Agreement, the Client shall hand in the Storage Box in good condition to the address of USC and / or StowBox or to another agreed place in the Netherlands. Upon delivery to a location other than the address of USC and / or StowBox, the transport costs from the Storage Box to the address of USC and / or StowBox are for the account of the Client. The Client must also hand in: the keys plus the spare keys, the other documents and all accessories that are included in the lease price. The risk of damage by or to the Storage Box or destruction of the Storage Box is borne by the Client until the Storage Box is again in the actual control of USC and / or StowBox.
16.2 The Client is bound by the collection form drawn up unilaterally by or on behalf of USC and / or StowBox, even if it has been prepared without the Client’s cooperation.
16.3 Accessories that are not included in the lease price may only be removed by the Client if removal does not result in visible damage or depreciation of the Storage Box.
16.4 USC and / or StowBox is entitled to pass on the repair costs and additional depreciation of the Storage Box caused by unreported damage (s) and / or careless management to the Client. The costs resulting from loss or late delivery to USC and / or StowBox of documents and accessories are also for the account of the Client.
16.5 If the Client is unwilling to hand in the Storage Box at the end of the lease period, USC and / or StowBox has the right to discontinue the service, claim the Storage Box and the Client will be obliged to pay all costs arising from late delivery and damage to USC and / or StowBox.
16.6 The Client does not have a right of retention in the Storage Box with regard to any claim whatsoever.
Article 17. Purchase option
17.1 If and insofar as stated in the Agreement, the Client has the first right of purchase with regard to the Storage Box. If the Client wishes to make use of his purchase option, the Client will make this known at least two months before the end of the Agreement. USC and / or StowBox will then state at what price the Client can make use of his first right of purchase.
17.2 If the Agreement states a “purchase option price”, this concerns the amount that is applicable at the time of the regular termination of the Agreement; after the term in months as (originally) agreed and after all claims from the underlying Agreements have been paid by the Client.
17.3 If the Client has not paid the purchase price to USC and / or StowBox around the day of termination of the agreement, the pre-emptive right of purchase expires.
17.4 A transfer of ownership only takes place once the Client has met all obligations arising from both the Agreement and the purchase option.
Article 18. Suspension
USC and / or StowBox offers the Client the option of temporarily putting one or more Storage Boxes out of use, up to a maximum of 5% of the total number of agreed Storage Boxes at that time. This suspension period amounts to a minimum of 30 days and a maximum of 180 days per Agreement. The duration of the relevant Agreement is extended by the duration of the suspension period. The Client is obliged to store the Storage Box during the suspension period at a location to be indicated by USC and / or StowBox and to provide USC and / or StowBox with the keys, including spare keys. The possible costs of transport (vice versa) are for the account of the Client.
During the suspension period, the Client will owe the monthly lease term after deduction of the costs of insurance, if and insofar as these components are included in the lease term. The normal lease term is charged during the suspension period, crediting the costs insurance will take place immediately after the Client has taken the Storage Box back into use.
Article 19. Liability
19.1 USC and / or StowBox is in no way liable and therefore never obliged to pay compensation for damage suffered by the Client or third parties and caused by the use by the Client of the Storage Box made available by USC and / or StowBox . USC and / or StowBox is also never obliged to compensate for company damage, or damage or loss of income. Client indemnifies USC and / or StowBox against claims from third parties in this regard. The above does not apply if the damage was caused by intent or gross negligence on the part of USC and / or StowBox.
Client is liable for:
a) failure to follow the guidelines for use and maintenance of the Storage Box, the insurance conditions and the procedures prescribed by USC and / or StowBox.
b) the late payment of taxes and premiums, including insurance premiums, even if these are included in the lease price;
c) violations of rules and laws..
Article 20. Circumstances beyond control
20.1 If USC and / or StowBox is prevented from performing the Agreement due to a non-attributable shortcoming, USC and / or StowBox is authorized to terminate the Agreement by registered letter without judicial intervention, or to suspend its obligations under the Agreement until the force majeure in question has ceased to exist, without USC and / or StowBox being obliged to pay any compensation. A shortcoming is in any case not attributable to USC and / or StowBox, if it is caused by late delivery by factory / supplier / user to USC and / or StowBox, restrictive government measures, work strike, lack of staff, damage to the Storage Box between the time of concluding the Agreement and the time of delivery.
Article 21. Joint and several liability
21.1 If several (legal) persons act as Clients, each of these (legal) persons is jointly and severally liable for the payment of the lease price as well as for the costs and / or damage resulting from incorrect compliance with the Agreement.
Article 22. Address changes
22.1 The Client must notify USC and / or StowBox in writing at least 10 days in advance of any address changes to what is stated on the Master Agreement and / or the Order Form / Agreements Operational Lease. Article 10.2 therefore remains fully applicable.
Article 23. Other provisions
23.1 If USC and / or StowBox intends to change these General Provisions, the Client will be informed in a timely manner. The amended General Provisions will in any case apply to all Agreements to be concluded thereafter.
Article 24. Applicable law, competent court
24.1 Only Dutch law applies to the legal relationship between the parties.
24.2 Any disputes will be settled by the competent court, within whose district the seat of USC and / or StowBox is located.