General rental terms and conditions
Article 1. Acceptance of the general terms and conditions
These general terms and conditions apply to all rental agreements that are concluded between a lessor and a lessee (or lessees) and that concern the instruments and goods mentioned in the agreement, unless explicitly agreed upon otherwise. The lessee is expected to know and agree with these terms and conditions.
Article 2. Beginning and ending of the rental period
The instrument is rented out for an indefinite period of time. Every month the rental period is tacitly renewed. The rental period starts at the day the instrument is delivered to the lessee and lasts for 6 paying months at least.
Article 3. The rent
3.1. The lessee is expected to know and agree upon the rental rates the lessor applies. The first month's rent is due at the latest upon delivery of the instrument, unless otherwise stated in some promotional campaigns. The subsequent monthly payments should be done by direct debit.
3.2. Any invoice not paid when due shall bear interest at the rate of 12% per year, without prior notice. In case of full or partial non-payment of the debt when due, the amount due shall be raised by a fixed compensation of 10%, with a minimum of 50 euros.
3.3. Any objections to invoices must be made in writing and sent by registered post within eight days following the invoices' sending. If not, the invoices are considered to be fully accepted.
Article 4. Guarantee
The lessee shall pay a rental guarantee equalling two monthly rents at the latest upon delivery of the instrument. The rental guarantee shall be reimbursed to the lessee when the rental period expires, provided the instrument has not been damaged.
Article 5. Terminating the rental agreement
5.1. Noncompliance with the provisions of the contract or not paying two subsequent invoices when due entitles the lessor by right and without prior proof of default to consider the agreement terminated and to remove the instrument. In that case the lessee owes the lessor by right and without prior proof of default a reletting fee equalling 30% of the remaining rental value for the contract's entire term, with a minimum of four weeks, without prejudice to the lessor's right to claim compensation for all other damages he may suffer because of the noncompliance of the contract's conditions.
5.2. If the order/assignment is cancelled by the lessee, the lessor can claim a fixed compensation amounting to 30% of the anticipated rent, with a minimum of 500 euros, without prejudice to the lessor's option to prove and claim a higher compensation.
Article 6. Risk
6.1. Once the instrument has been collected by or delivered to the customer, the latter shall accept all risks, cases of force majeure, theft including destruction, as well as the responsibility of safekeeping. During the entire rental period the lessee shall be responsible for the risk of loss of or any damage to the rented instrument.
6.2. The lessee is liable for all damages to the rented instrument, irrespective of their nature or cause and irrespective of the fact that the damages have been caused by the lessee, by any third party, or by force majeure. The lessee shall reimburse all damages to the rented goods. If the instrument appears to be damaged as it returns, the customer has to pay the surrender value of the rented goods to the lessor.
6.3. If for any reason whatsoever the lessee is not able to return the rented instrument to the lessor, he shall have to pay the lessor a compensation equalling the replacement value of the rented instrument.
Article 7. Use
7.1. The lessee has to use the rented instrument in accordance with its purpose. The lessee states having received the rented instrument in good condition and he agrees to maintain it in that condition and to return it in that same
state to the lessor once the rental period has expired.
7.2. The lessee is not entitled to transfer the rental agreement to any third party without the lessor's prior approval in writing.
7.3. The lessee has to inform the lessor of any change in address at the latest one week before the actual move, and he has to leave the moving of the rented instrument to the lessor, which will be charged at a previously determined rate. Should the lessee go back on this requirement, the lessor will take the necessary legal action to get the piano back.
7.4. If the piano has to be installed at a floor other than the ground floor, all resulting costs will be at the expense of the the lessee (additional manpower, ladder elevator«
This also applies when the contract is terminated and the piano has to be fetched back. The instrument may never be exported out of Belgium.
Article 8. Retention of title clause
8.1. The lessee accepts and acknowledges irrevocably and in particular that the instrument which is delivered remains the lessor's property, during the entire rental period if the instrument is rented out and until full payment of the sales price, both the principal sum and any accessories, if the instrument is sold. Until then the lessee is not entitled to pledge or transfer the instrument to any third party under penalty of liability. He should also resist against any seizure and immediately inform the lessor of such seizure in writing.
8.2. The instrument may never be used by the lessee for any security, pledge, subletting, borrowing, rental rights transfer, alienation or other act.
Article 9. Repairs - Maintenance
9.1. The piano is tuned before delivery. Additional tuning sessions are not included in the rent and will consequently be charged. If the lessee rents the instrument for more than one year, he commits oneself to have the piano tuned at least once a year.
9.2. The lessee should maintain the rented instrument according to the lessor's instructions. Damages resulting from wear or malfunctioning should be notified to the lessor within 48 hours in writing.
9.3. Any flaws to the rented instrument should be notified in writing immediately and at most within 48 hours upon delivery. It is strictly forbidden for the lessee to continue to use the instrument once any flaws or damages have been noticed. It is also forbidden for the lessee to carry out repairs or have them carried out withous the lessor's prior and written consent.
Article 10. Insurance
The instrument shall be insured by the lessee against fire and all other accidents for a value totalling 3.500 euros.
Article 11. Force majeure
The lessee shall always accept the risk of any force majeure.
Article 12. Conditions
The rental system cannot be combined with our leasing option, promotions or usual discounts in case of a direct purchase.
Article 13. New contract
If you intend to rent a piano within 6 months after having terminated a previous rental agreement, we will charge a transport fee for the second rent being 170 euros for the round trip and a ground floor installation.
Article 14. Disputes
The rental agreement is subject to Belgian law. Any disputes fall under the jurisdiction of the courts in the judicial district in which the lessor's head office is located.