Article 1 – Terms of sale
The rental of a lift with operator by Rapidservices sprl (Rapidlift) is
governed exclusively by the present terms and conditions of sale. Any
clause in our customers’ orders which is contrary to these terms and
conditions shall be considered null and void. Any deviation from these
terms and conditions must be agreed in writing by Rapiservices sprl.
Article 2 – Orders and offers
Any order placed by a customer implies full acceptance of the present
terms and conditions by that customer. Orders placed by the customer are
binding on the latter and may be cancelled no later than 24 hours before
the service is to be performed. Offers made by Rapiservices sprl are
non-binding. Only orders placed by the customer and accepted by
Rapiservices sprl are binding on Rapiservices sprl. In the event of a
reservation being cancelled after 24 hours, the customer undertakes to
pay the sum of 25 euros by way of travel expenses. Rapiservices sprl
will not be held responsible for any reduction in working time or
cancellation on site.
Article 3 – Terms of delivery
“Delivery times: our delivery times are indicative. Deadlines are only
binding if they are expressly stipulated and accepted in writing. In
this case, the purchaser may, if the service is delayed and only after
sending a registered letter which has remained unsuccessful for 8 days,
claim compensation for the delay.
Prestations : L’heure de début de prestation est donnée à titre
indicatif. Un retard dû aux impératifs de la circulation ne pourra être
invoqué par le client pour annuler ou suspendre sa commande ou réclamer
des dédommagements. La durée de la prestation est stipulée lors de la
commande par le client et engage Rapiservices sprl pendant cette durée.
Rapiservices sprl ne peut être tenu responsable de retard de livraison
de matériel du côté du client. Néanmoins, Rapiservices sprl mettra tout
en œuvre pour essayer de rester plus longtemps ou revenir le plus
rapidement possible pour servir le client. II incombe au client de
prévoir la place et les autorisations nécessaires pour le stationnement
du lift. Toute prestation annulée sur place suite à un manque de place
de stationnement entraînera une facturation de forfait de déplacement. »
Article 4 – Complaints
All complaints must be sent by registered letter to Rapiservices sprl
within 8 days of the service. After this period, the customer is deemed
to have accepted the service. Under no circumstances may a complaint be
invoked to delay payment of an invoice or to offset an invoice owed by
the customer against an invoice owed by Rapiservices sprl to the
customer. Any damage caused by the installation of the lift must be
reported within the same time limit. After this deadline, Rapiservices
sprl cannot be held responsible for any damage whatsoever.
Article 5 – Liability
The customer is responsible for installation on balconies/façades that
are old or in poor condition, or on any support whose fragility is not
visible. Customer rents lift with operator. The operator installs the
ladder and is responsible for handling the platform. The customer is
responsible for the materials placed on the platform. The weight placed
on the platform must not exceed 300 kg! Any damage to the ladder caused
by failure to comply with the operator’s instructions will be charged to
the customer. Any goods transformed by the customer or a third party
will never be replaced. Should any damage occur as a result of the
ladder’s use (except in the case of old or damaged balconies/façades),
Rapiservices sprl undertakes to carry out the necessary repairs. This
commitment will only be applicable if the customer has informed
Rapiservices sprl of the damage by registered letter within 8 days of
the service being provided. Under no circumstances will Rapiservices
sprl’s liability exceed the cost of repairs. No compensation whatsoever
may be claimed from Rapiservices sprl for any reason whatsoever. The
operator’s contractual responsibility ends once the lift has been
installed. All subsequent operations are the responsibility of the
customer or the third party in charge of removal and/or transport.
Article 6 – Terms of payment
Failure to pay an invoice by the due date shall simultaneously entail,
ipso jure and without notice of default: immediate payment of all other
invoices issued but not yet due, late payment interest calculated at the
rate of 10% per month of delay, and irreducible lump-sum damages for
administrative costs equivalent to :
- up to €4,000: 10% of the unpaid principal amount
- from €4,000 to €12,500: 7.5% of the unpaid principal amount
- from €12,500 to €25,000: 5% of the unpaid principal amount
- from €25,000 to €50,000: 2.5% of the outstanding principal amount
- from €50,000: 1.5% of the outstanding principal amount
from €50,000: 1.5% of the unpaid principal amount Any cheque refused for
collection shall give rise to a flat-rate penalty of €75 payable to
Rapiservices sprl for administrative costs, without prejudice to any
legal costs that may arise from proceedings instituted by Rapiservices
sprl with a view to obtaining payment. Failure to pay an invoice by the
due date cancels the term(s) granted for payment of other services and
renders payment of the latter immediately due.
Article 7 – Mission
The operator’s mission is to deliver and install the lift required for
the customer’s move. He never carries out the move himself, nor does he
handle the customer’s furniture. Nor does he transport them. The
operator may, at the customer’s request and under his sole
responsibility, ask the operator to provide occasional assistance in
moving a piece of furniture. Under no circumstances will the operator be
held responsible for such handling. Nor can the operator be held
responsible for furniture falling or breaking due to improper loading of
the lift.
Article 8 – Insurance
The customer may insure his furniture during the move. If he does not
take out insurance, he may only invoke the operator’s liability as set
out in article 5. The customer may ask the operator to insure the goods
being moved against “all risks”, in particular: theft, damage, loss,
fire, etc. In accordance with the general insurance conditions, as part
of a floating policy taken out by the operator. The insured value of
removal items is understood to be “total value”, i.e. with application
of the proportional rule, and must correspond to the replacement value
“as is” of all removal items.
The customer is free to choose his own insurer; in this case, he
expressly undertakes to conclude an insurance policy with this insurer,
with no deductible, whose risk coverage and insured value are equivalent
to those described above; the customer further undertakes to obtain from
this insurer a waiver of recourse for the benefit of the operator. Any
complaint must, on pain of losing the right of recourse against the
operator, have given rise to remarks recorded by the customer on the
document presented to him at the time of delivery. These remarks must be
confirmed by the customer within two working days of delivery, by
registered letter to the operator’s address. In addition, the customer
must submit the claim to the insurance company, in the form and within
the time required by the insurance policy.
Article 9 – Parking space
If required by police regulations, the customer must reserve, at his own
expense, the parking spaces necessary for the lift. If the remover
offers his services for this reservation, the cost will remain at the
customer’s expense.
Article 10 – Force majeure, suspension and breach of
contract
10.1. Acts of God or force majeure entitle our company to
suspend performance of all or part of its obligations and/or to
terminate the contract, in whole or in part, without compensation of any
kind whatsoever.
10.2. All contracts entered into by our company are
concluded intuitu personae. Any change in the customer’s situation such
as, but not limited to, death, any other limitation of legal capacity,
bankruptcy, judicial reorganization proceedings, credit crunch, social
security arrears, dissolution or transformation of the company, merger
or demerger, payment arrears, etc. entitles our company to terminate the
contract ipso jure without the customer being entitled to any
compensation.
10.3. Should the present sale be terminated to the
detriment of one of the parties, this shall automatically and without
formal notice entail the immediate return of payments made by the
customer in the event of fault on the part of our company, and the
waiver of payments made in the event of fault on the part of the
customer, as well as the obligation for the defaulting party to
compensate the other party for any loss suffered as a result of or on
the occasion of this termination, which it can prove.
Article 11 – Disputes
In the event of a dispute, the courts of the judicial district of
Walloon Brabant shall have sole jurisdiction.
