Rental Terms & Conditions / Terms & Conditions

RENTAL TERMS & CONDITIONS

All rental prices, unless otherwise stated, are per day excluding VAT.
You must include the invoice number with your payment.

1. Definitions

In these terms and conditions, the following definitions shall apply:

Contractor: Rover Playback

Client: The natural or legal person who rents, buys or uses equipment or services from the Contractor under a contract for a specific PERIOD.

Equipment: All (electrical) equipment in the field of audio-visual and lighting technology, as well as musical instruments and other items which the Contractor makes available for rental, use or sale, as well as all accessories, cabling, packaging materials and fastening materials belonging to the aforementioned items.

Agreement: Any mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products or services from the Contractor to the Client.

Third Parties: All parties other than Rover Playback and the client.

2. Applicability of terms and conditions
2a. These general conditions apply to all quotations, services, offers and agreements concluded with clients concerning all rentals, products and services of the contractor.
2b. By signing an agreement, the client indicates agreement to the terms and conditions.
2c. Applicability of any purchase or other conditions of the client is expressly rejected.
2d. If any provision of these general conditions is null and void or annulled, the other provisions of these general conditions shall remain in full force and the contractor and the client shall consult in order to agree on new provisions to replace the null and void or annulled provisions, taking into account as far as possible the purpose and purport of the null and void or annulled provision.
2e. Contractor shall be free to change the terms and conditions at any time, subject to notice thereof on Contractor’s website. Changes do not apply to agreements already concluded.
2f. Dutch law applies to all quotations, services, offers and agreements, unless the client is domiciled abroad. In the latter case, the European Sales Convention applies.

3. Rental
3.1 Applicability
The conditions under ad. 3 including its sub-conditions, apply only to activities related to the rental of equipment and services related to such rental in the broadest sense.

3.2 Rental/service agreement
A rental/service agreement will be drawn up, signed by both parties, agreeing what the services and rentals are, the rental period, and the costs. This agreement may be in the form of an agreed offer. This agreement is binding according to the general terms and conditions, unless exceptions are included in this agreement to an article of the general terms and conditions. The agreement must be signed before the rental period begins. Upon rental and collection of equipment by the client, the agreement can be signed on the spot after which the rental period begins.

3.3 Billing
An invoice will be prepared in addition to the agreement with customer details, specifications, prices, total cost, VAT and date. Payment is made according to the Terms of Payment, see ad. 3.5.

3.4 Rental period
The equipment is rented for a specified period of at least 1 day or 24 hours. The rental period shall commence at the time the equipment rented under the contract leaves the Contractor’s storage facility and shall end at the time the rented equipment is returned to the storage facility, unless otherwise agreed in writing. Upon delivery and return, the rental period starts and ends when the equipment is in the transport vehicle. However, transportation costs are charged here.

3.5 Rates & payment
3.5a. The client is deemed to know and agree to the rental rates charged by the contractor.
3.5b. Client must make payment before the start of the rental period or immediately after installation, upon delivery or upon collection of the equipment, unless otherwise agreed in writing. In the case of subsequent payment based on invoicing, a payment period of 14 days shall apply, unless otherwise agreed in writing.
3.5c. The rates to be calculated are those, which are in force at the time of establishing the agreement or the rates from a valid quotation issued by the contractor. All prices are exclusive of VAT unless otherwise stated.
3.5d. Contractor is free to require a deposit for the equipment to be rented.
3.5e. Price changes are reserved, except for rates agreed upon in writing in a valid agreement between the client and the contractor.
3.5f. If the client fails to pay the amounts due within the agreed period, a reminder fee will be charged. This reminder fee is €15. If the Client remains in default of payment after notice of default, the claim may be handed over to a collection agency, in which case the Client shall also be liable for full compensation of extrajudicial and judicial costs in addition to the total amount then due.
3.5g. Discounts are valid only with cash payment or payment within 8 days of invoice date. If this condition is not met, the discount will lapse unless otherwise agreed upon in writing by both parties.

3.6. Cancellation
3.6a. If the client has entered into an agreement with the contractor and subsequently wishes to waive hiring, the following cancellation provisions apply. If client cancels the proposed agreement,

earlier than on the seventh day before the start of the rental period, cancellation may be free of charge;
earlier than on the fourth day before the start of the rental period, client shall owe 25% of the rental price;
later than the third day before the start of the rental period, the client shall owe the full rental price.

Cancellation must be made by telephone. If cancellations are made in writing or via e-mail, the cancellation is valid only if the client has had written confirmation.
3.6b. The cancellation provisions mentioned above under 3.6a do not apply if otherwise agreed in writing.
3.6c. Cancellation of delivery, installation, rental, other services and/or the contract in general by the Contractor may only occur if there is force majeure, see ad. 3.22.

3.7 Legitimation requirement
Before entering into the agreement with the client, the contractor may require the client to identify himself by showing the contractor one or more legally valid identification documents as well as a copy of bank or giro statement not older than 14 days.

3.8 Use
The client shall use the equipment only for the purpose for which it was manufactured. The client will handle the equipment with care and caution and will also ensure appropriate and safe storage. Client shall be obligated at all times to provide free access to buildings, yards, or other places where the leased equipment is located to have the condition of such equipment inspected by a person authorized by Contractor. The client is aware of how the equipment is used and acts accordingly. If necessary, the contractor will explain how to use the equipment.

3.9 Transportation
The client shall transport the equipment rented by him in the packaging provided by the contractor from the storage place entirely at his own expense and risk. The client is not permitted to remove equipment configured in the packaging from that packaging or to modify it in the packaging. Upon delivery and return of the equipment by Contractor, transportation of the equipment shall not be at Client’s risk.

3.10 Operation
3.10a. The client agrees to satisfy himself that the equipment is delivered to him from the contractor’s warehouse in good condition. By entering into the agreement, Client declares that he is familiar with the operation of the equipment and acknowledges that the equipment rented by him meets the purpose for which he is renting the equipment.
3.10b. If a malfunction occurs in or on the rented equipment during the rental period, Client shall immediately notify Contractor. The client is not permitted to troubleshoot and/or make repairs to the rented equipment himself, unless expressly agreed in writing. If failures or defects in or on or of the rented equipment are not reported to the contractor immediately or at all, the client shall be fully liable for all damages that will result.

3.11 Default and damages.
3.11a. If the equipment is picked up by the customer from the contractor at the storage place and the customer fails to pick up the rented equipment in time at the agreed time of the start of the rental period, this shall be entirely at his own expense and risk. Rent is payable at all times over the written agreed-upon rental period.
3.11b. The equipment must be returned by Client to Contractor’s storage facility no later than the date the agreed upon rental period ends, unless the equipment is delivered and/or installed as agreed upon in writing. If the client has not returned the rented equipment no later than that end date, for whatever reason, as well as in case of damage to the equipment, for whatever reason, the client shall thereby be in default without any reminder or notice of default being required. Then, without prejudice to his other obligations to the contractor, the client shall owe the contractor compensation. In case of failure to return on time, such compensation shall be the rental price per day for each day by which the agreed rental period is exceeded plus 50% of such rental price. In the event of damage to the equipment, Client shall owe the cost of repairing such damage as compensation as well as the rental price per day for each day involved in such repair plus 50% of such rental price.
3.11c. If, as a result of late return by the Client and/or as a result of damage to the equipment, the Contractor should suffer a higher amount of damage than the amount of compensation that would be payable by the Client under the provisions of the preceding paragraph, 3.11b., of this Article, the Contractor shall be entitled to claim this higher amount of compensation from the Client as well.

3.12 Duty to report
In the event of theft or loss of, or damage to, the equipment, the client shall be required to notify the contractor immediately. In the event of theft or loss or in the event of damage caused by acts of war, the principal shall immediately report this to the police in the municipality in which the theft or damage occurred and shall immediately forward a copy of the report to the contractor. If the client fails to fulfill the obligations mentioned in this article, he shall be liable to compensate the contractor for all damages that will result from the aforementioned events.

3.13 Insurance
3.13a. The client, by signing the agreement, declares himself acquainted with the fact that equipment rented by him is not insured from the moment the equipment leaves the storage place.
3.13b. The client shall arrange for coverage insurance on the rented equipment against loss, theft, molest damage or otherwise caused damage to or from the rented equipment throughout the rental period. If this is not the case, the client is fully liable for all damage, loss or theft. The value of the leased items to be insured shall be communicated to the Client by the Contractor upon the Client’s written request.

3.14 Damages
3.14a. Damage caused to the rented items during the rental period, regardless of the cause or circumstance, shall be borne by the client.
3.14b. Any damage caused to the rented items during the rental period, regardless of the cause or circumstance, even if and to the extent that compensation for such damage is not covered by any indemnity taken out by the client, shall be borne by the client.
3.14c. Damage caused to the rented items during the rental period, which is the direct result of the Contractor’s actual actions on the Client’s premises, shall be borne by the Contractor.
3.14d. The contractor shall not be liable for any direct or indirect damages incurred during the rental period, as a result of failure of the rented items to function properly or as expected.
3.14e The client is not permitted to fix items in stage elements and other rented items by nailing, stapling, screwing or otherwise. If the client fails to comply with the prohibition mentioned here, the client shall be obliged to pay compensation for the entire items damaged by violation of this prohibition.

3.15 Confidentiality & Privacy
3.15a. The Client shall not copy, or show or disclose to third parties, any data relating to the designs and/or construction methods used by the Contractor regarding the leased equipment, which data becomes known to him through and/or upon the conclusion and/or performance of the Agreement.
3.15b. The contractor will never make your personal information and/or supplied materials available to third parties and will treat all information as confidential, unless otherwise agreed in writing.

COMPANY DETAILS

Rover Playback Reg No: 91799104 VAT ID: NL865774675B01

Eerste Weteringdwarsstraat 22-2, 1017TN Amsterdam, The Netherlands