Rental conditions

General provisions between the company MECHANIC INTERNATIONAL BV, with registered office at Z. 5 Mollem 16 - B 1730 Asse (VAT BE 0415 760 905), hereinafter referred to as the lessor or MECHANIC INTERNATIONAL, and the customer, hereinafter referred to as the lessee:

1. General

These general terms and conditions, which together with the specific conditions form a single whole, apply to all offers, orders and (rental) agreements of MECHANIC INTERNATIONAL as well as to their implementation and any associated service agreements. None of the provisions in the lessee's correspondence can deviate from these, except for explicit and precise divergent provisions in the lessor's quotations or contracts, or in the special administrative provisions applicable in the context of a special specification or in accordance with public procurement rules. Deviating clauses and agreements are only legally valid if explicitly and in writing accepted by MECHANIC INTERNATIONAL. Orders accepted by our representatives are only binding after the order confirmation has been signed by a managing director of MECHANIC INTERNATIONAL and/or his expressly mandated representative. These rental terms apply to every rental item in MECHANIC INTERNATIONAL's assortment, ranging from sea containers, office containers, sanitary containers, storage containers, glass containers, furniture, boilers, air conditioners, and various accessories such as padlocks, locks, etc.

The category 'accessories' is further described in Article 11 of these conditions.

2. Administrative Permits - Building Permits

The lessee is assumed to have completed all necessary administrative formalities required for the installation of the equipment on his site prior to delivery. MECHANIC INTERNATIONAL declines any responsibility in the event of problems or delays in obtaining administrative permits, formalities and/or documents.

The lessee commits to provide proof of the required permits before delivery and must inform MECHANIC INTERNATIONAL in advance of any issues in obtaining these permits.

Failure to do so entitles MECHANIC INTERNATIONAL to postpone the delivery or execution of the works at the cost and risk of the lessee. In no case shall we be held responsible for problems or delays related to the acquisition of administrative permits, formalities and/or documents.

3. Delivery - Accessibility - Safety of the Delivery Site

Delivery and execution deadlines are only approximate and do not bind MECHANIC INTERNATIONAL. The delivery and execution period only starts after receipt of the execution plans and materials/devices approved in writing by the client, even if MECHANIC INTERNATIONAL has already started the works.

If the assignment is carried out in phases, we have the right to suspend the execution of the next phase until written approval of the previous phase is received. In the event of additional work or an additional order, the delivery and execution period will be proportionally extended by the time required to perform such work.

The client is responsible for the correctness of the site address. Goods are transported at the risk, cost and responsibility of the client. All costs related to transport, to and from the site, loading and unloading, assembling and disassembling are borne by the lessee.

Prior to each delivery, the client shall inform MECHANIC INTERNATIONAL of the safety regulations applicable at the delivery site for the reception of external companies (prevention plan, safety protocol, instructions).

The lessee must verify in advance that the site is freely accessible to the lessor's vehicles and that sufficient space is provided for loading and unloading maneuvers.

The client must ensure that goods can be immediately delivered on-site upon arrival and safely stored or placed, taking into account the dimensions of the truck, the goods to be delivered and the terrain.

If additional transport, crane work, loading/unloading maneuvers or other works are required due to lack of information or failure to report problems, permits or other needs, all such costs shall be borne by the lessee. The site must be made accessible by the client to ensure safe execution of the work. Unnecessary travel expenses and waiting times over 20 minutes will be charged at the known rate stated on the order/invoice.

If the goods are not collected by the client or cannot be delivered by MECHANIC INTERNATIONAL at the agreed time, storage costs will be charged. In such cases, invoicing becomes immediately due.

The following logistical considerations apply to transport and are executed at the current rate on the delivery or pick-up date:
- Site accessibility;
- Trucks with open loading floors and a minimum axle load of 10 tons must not encounter issues on the (paved) ground;
- Minimum clearance height of 4.20 meters – free maneuvering height of at least 9.0 meters;
- Minimum passage width of 3.50 meters;
- No barriers or parked vehicles, waste containers, etc. obstructing delivery/pick-up or access;
- Inadequate signage if material is on public roads;
- Insufficient load-bearing capacity or underground wells that impede loading/unloading;
- If direct loading/unloading with a crane truck is not possible, a crane will be ordered at the lessee's expense;
- Cables or high-voltage lines hindering crane work;
- Ground protection (driving plates) during loading/unloading maneuvers at the lessee's expense; additional or consequential ground damage also at the lessee's expense;
- Exceptional transport as per the Royal Decree on transportation;
- When installing modular structures, the terrain must be prepared, paved, and leveled with a tolerance of 1cm per linear meter of construction;
- Placement of support or foundation points, including calculation, design, and inspection, is the lessee's responsibility;

Delays in execution do not entitle the client to compensation or termination of the contract. Force majeure (at MECHANIC INTERNATIONAL, our suppliers or transporters) such as, but not limited to, war, mobilization, riots, strikes, roadblocks, lockouts, machine breakdown, fire, supply issues for raw materials, materials, energy, and government restrictions or prohibitions, suspend our obligations.

All goods must be collected within the agreed period, failing which MECHANIC INTERNATIONAL has the right, without notice or notification, to terminate or consider the contract terminated and demand payment for the order amount, increased by possible storage costs and all other costs incurred. Storage costs will be charged at €50 per item/module per commenced month after the original delivery date. If goods are not collected within sixty (60) days after the original delivery date, MECHANIC INTERNATIONAL has the right to cancel the agreement, without prejudice to the application of other articles.

4. Duration of the Rental – Extension

The rental contract is concluded for a fixed duration specified in the rental agreement. Unless otherwise stipulated, this rental contract ends automatically and without notice at the end of the agreed rental period. Any extension must be requested in writing and confirmed by MECHANIC INTERNATIONAL. In the absence of a written agreement, continued use beyond the agreed period will be invoiced at the daily rate stated in the initial rental contract. MECHANIC INTERNATIONAL reserves the right to terminate the contract unilaterally in the event of abuse or default by the lessee.

5. Use – Maintenance – Damage – Loss

The lessee undertakes to use the rented goods as a responsible person and only for the purpose for which they are intended. The lessee is liable for all damage, theft, or loss of the rented goods from the moment of delivery until the actual return. The lessee must notify MECHANIC INTERNATIONAL immediately in case of damage or loss and follow the instructions given by the lessor. Maintenance of the rented equipment is the responsibility of the lessee, unless agreed otherwise in writing. In the event of damage caused by improper or careless use, all repair or replacement costs shall be borne by the lessee. The goods must be returned in the same condition as they were delivered. If cleaning, repairs, or replacements are required, additional costs will be charged to the lessee.

 

6. Price - Payments - Retention of Title

The prices stated in our order confirmation or quotation are expressed in euros and exclude VAT as well as all duties, transportation costs, taxes, levies, interest, and customs charges, which shall always be borne by the client. MECHANIC INTERNATIONAL is only bound by the quotation after written approval by the client and only after the order confirmation has been signed by the managing director of MECHANIC INTERNATIONAL and/or his expressly authorized representative. If the client fails to sign within 30 days after sending the quotation, the quotation shall expire unless a shorter period is specified in the quotation.

The prices in our quotation cannot be considered as an absolute lump sum. Prices are based on the currently applicable values of wages and goods/articles. Should these change, we reserve the right to charge for these changes. If the client does not agree with the changed prices, the order or quotation shall lapse. No compensation may be claimed from MECHANIC INTERNATIONAL in this respect. If execution plans are modified and/or incorrect data was provided on which the quotation was based, we reserve the right to adjust our prices according to the requested execution. If the client requires invoicing details different from those stated on the order confirmation or quotation, an administration fee of €50 will be charged.

For delivery or during the term of the agreement, the lessor reserves the right to require a payment guarantee (prepayment, deposit, bank guarantee, direct payment, etc.). This amount is interest-free and may not be considered as an advance on the rent and will be refunded no later than 14 working days after receipt of the goods by the lessor and after inspection.

Rental fees must be paid punctually on the due date to the account designated by MECHANIC INTERNATIONAL at a banking institution. Unless expressly agreed otherwise, all invoices are payable in full without any right to withhold payments or guarantees. If payment is not made on the due date, the tenant shall owe MECHANIC INTERNATIONAL default interest in accordance with applicable legislation on late payments in commercial transactions on all overdue amounts. Default interest will also apply during any extension of the agreed payment term expressly granted in writing by MECHANIC INTERNATIONAL or granted by judicial decision. Payment of default interest does not entitle the tenant to delay payment of the principal. Extension of the payment term shall not result in renewal of the debt. Even if the tenant is granted an extension, the lessor may charge a fixed compensation of 10% on the overdue amount, with a minimum of €250, to cover increased administrative costs and expenses (including reasonable legal assistance fees outside of court) related to collection. Furthermore, failure to pay an invoice on its due date, without formal notice, will automatically cancel any previously granted payment extensions on earlier invoices and render all invoices immediately due. In such circumstances, and/or if the tenant becomes insolvent or their creditworthiness is impaired, the lessor is entitled to immediately change payment terms to cash on delivery for any new delivery and may require the tenant to provide adequate security in writing. If the tenant fails to comply with the new payment terms or is unable to provide sufficient security, the lessor may, at its discretion, suspend all further deliveries until full payment is made and adequate security received, or cancel all outstanding orders without any compensation. No complaint from the buyer shall entitle them to withhold full payment or payment of due amounts.

The tenant may not invoke set-off regarding timely payment of rental fees. The tenant may also not suspend payment on grounds of any alleged defect in the rented goods.

The goods cannot become immovable property by destination or incorporation. Nevertheless, from delivery, the client bears the risk of loss, theft, damage, or destruction of the goods. At the seller’s request, the buyer will prepare all documents and perform all acts necessary or desirable to enforce the seller’s retention of title in the buyer’s country. Regardless of any retention of title, the burden of safekeeping and risk of damage, destruction, or loss of the sold goods or any part thereof shall pass to the buyer as soon as the goods are delivered in accordance with the agreed Incoterm, regardless of the carrier's identity.

Paid advances remain the property of MECHANIC INTERNATIONAL as compensation for possible losses. Storage costs will always be charged. All studies, plans, documents, sketches, drawings, samples, and designs remain our property, protected by intellectual property rights. When handed over to the client, they may not be misused by the client or third parties and must be returned immediately upon request. The tenant explicitly agrees that MECHANIC INTERNATIONAL has the right to use the client’s name as well as drawings, plans, sketches, and/or photos of the delivered modules as reference material in any medium for promotional purposes without owing any compensation to the client. The client is liable for any misuse, and MECHANIC INTERNATIONAL reserves the right to claim damages.

7. Insurance

From delivery and throughout the entire rental period until pickup (end of rental contract plus three working days) of the rented materials, the tenant, as holder and lawful manager of the rented material, bears full responsibility for any damage, fire, loss, theft, or destruction, regardless of the cause, both for their own account and on behalf of the lessor.

The tenant shall take all measures to protect the goods against fire, water damage, frost, theft, and other risks.

The tenant commits to insure all goods against all cases of damage, fire, loss, theft, destruction, vandalism, etc. Insurance policy and premium receipts must be presented to MECHANIC INTERNATIONAL upon request.

The tenant shall always defend, indemnify, and hold MECHANIC INTERNATIONAL harmless, voluntarily and upon first request, against all losses, damages, costs, injuries, complaints, and legal proceedings of any nature arising under this agreement, both directly and indirectly.

The tenant must insure for an amount not less than the full replacement value plus contents of the goods.

Damages and losses not reimbursable under the tenant’s insurance policy shall never be compensated by MECHANIC INTERNATIONAL and remain the tenant’s responsibility. Contractual deductibles of MECHANIC INTERNATIONAL under the insurance policies are always at the tenant’s expense.

All policies of the contracting party must be concluded with a waiver of recourse against MECHANIC INTERNATIONAL.

8. Repairs

All repairs to the rented equipment may only be carried out by personnel of the lessor. Such repairs are charged at the rates applicable at the time of repair.

9. Termination of the Rental

The end of the rental period must be immediately communicated in writing to the lessor.

The lessor has the right, after receipt, to inspect the equipment for 10 working days and to repair any defects at the tenant’s expense. These repair costs will be deducted from the deposit or invoiced.

When returning containers, the tenant must return all rented furniture and/or various accessories and/or locks, keys, etc. with the transport; boilers must be empty; containers must be disconnected from water, electricity, sewage, data, etc. Advertising stickers must be removed. All rented goods must be returned in good and clean condition. If not, MECHANIC INTERNATIONAL will notify the tenant within the agreed period of additional costs. Return transport prices for long-term rentals are subject to fuel price fluctuations.

In case of early return before the agreed rental period expires, MECHANIC INTERNATIONAL may retroactively adjust and charge the balance rental rate.

Cancellation of one module requires a minimum of fourteen (14) working days’ notice via email or written notification.

Cancellation of linked modules also requires at least 14 working days’ notice via email or written notification. MECHANIC INTERNATIONAL reserves the right to collect the modules and/or goods within eight days after the rental agreement expires.

The monthly rental price depends on the agreed rental period, meaning that early termination causes loss of rental income. If the contract is broken or dissolved by the client, they owe compensation equal to the services already rendered and materials already purchased for the relevant site, increased by 25% of the agreed total rental price for the entire rental period. In any case, a minimum compensation of 15% of the total agreed rental price for the entire rental period is due.

10. Warranty - Complaints and Disputes

MECHANIC INTERNATIONAL equipment is guaranteed for 6 months from the delivery date. If the materials are not supplied or prescribed by MECHANIC INTERNATIONAL, we accept no liability for the quality or choice of such materials. Any defects, including execution defects, due to the choice or specification of wrong, unsuitable, or inferior materials, are at the client’s expense. The same applies to design errors if plans and drawings were not prepared by MECHANIC INTERNATIONAL or if they were prepared according to the client’s specific requests. If installation is performed by the client or third parties, any installation errors are deemed caused by the installation unless proven otherwise. The client indemnifies MECHANIC INTERNATIONAL against claims from third parties based on damage caused by the works without fault of MECHANIC INTERNATIONAL.

Under no circumstances does MECHANIC INTERNATIONAL guarantee the performance of the rented material.

All remarks or complaints concerning defects must be sent to our company by registered letter within 8 days to be valid; otherwise, they will not be accepted. The same applies to protests against invoicing.

If MECHANIC INTERNATIONAL acknowledges the validity of a complaint, our obligation, excluding any other compensation, is limited to repairing the disputed materials.

If the client timely and rightly protests invoicing, they only have the right to withhold the invoiced amount relating to the protested part of the invoice. The remainder remains payable.

Our indemnity obligation for defects in delivered goods and materials only extends as far as our suppliers and subcontractors. Under no circumstances are we obliged to grant warranty in cases of:

  • Repairs or modifications made by the owner or third parties;

  • Incorrect use, lack of maintenance, or improper treatment of goods, products, materials, inventory, and/or devices;

  • Frost or moisture damage;

  • Damage caused by force majeure;

  • Use of goods, products, materials, inventory, and/or devices in a manner not reasonably foreseeable given their nature, unless we have expressly permitted such use in writing at the time of contract conclusion;

  • Addition or use of extra parts/equipment in a manner not conforming to our or the supplier’s technical specifications;

  • Acts or intentional faults by any person, including the client or their appointees;

  • Materials and devices provided by the client;

  • Scratches or external damage noted after signing the delivery note.

Only damage to parts delivered and installed by MECHANIC INTERNATIONAL will be considered once our fault has been proven. In such cases, we will provide or install new products or parts only after the old ones have been returned.

Consequential damage, water damage, business interruption, etc., damage to works and third-party property are excluded, except as covered by any insurance taken out by MECHANIC INTERNATIONAL, limited to the insurance contracted by MECHANIC INTERNATIONAL.

Under no circumstances are we liable for delay penalties imposed on the client.

The invalidity or unenforceability of one or more provisions of this agreement does not affect the validity or enforceability of the remaining provisions or the agreement as a whole. Any invalid or unenforceable provision shall be replaced by a valid provision reflecting as closely as possible the original intent.

11. Additional Rental Conditions for Accessories

All preceding provisions and rental agreements also apply to the rental of ‘accessories’, including but not limited to padlocks, cylinder locks, and other related items. Accessories are rented by Mechanic International in good working order. The tenant is obliged to carefully inspect the accessories for defects upon receipt. Any defects or faults must be reported immediately to Mechanic International. Otherwise, the accessories are presumed to have been provided in good condition.

The tenant is fully liable for loss, theft, or damage to accessories during the rental period, regardless of cause. In case of loss or irreparable damage, the replacement value of the accessories, equal to the full sales price at the time of loss, will be charged to the tenant.

Mechanic International reserves the right to require a deposit prior to handing over the accessories. The deposit will be refunded at the end of the rental period, provided the accessories are returned in good condition, unless otherwise agreed in writing.

Mechanic International is not liable for any damage or inconvenience resulting from improper use of the accessories by the tenant.

In case of dispute, only Belgian law applies to the contracts. Only the courts in Belgium and in Brussels are competent without prejudice to MECHANIC INTERNATIONAL’s right to initiate proceedings in courts competent for the client’s domicile or the place where the obligation arose or must be performed.

If the dispute falls under the jurisdiction of the Justice of the Peace according to the Judicial Code, only the Justice of the Peace of Brussels shall be competent.

All data you share with MECHANIC INTERNATIONAL will be used to execute our agreement. Data is only shared with our partners for the execution of the agreement. MECHANIC INTERNATIONAL may also occasionally use your contact details as a reference and/or to inform you about actions and news. You always have the option to unsubscribe by contacting your file manager.