Version July 2025
Article 1 General rental conditions of Metech
1.1 These rental conditions form part of every quotation, offer and agreement, and of the related work and services, of Metech Sweepers & Scrubbers B.V. (hereinafter: “Metech”), in which Metech acts as lessor of one or more of its sweepers and/or scrubbers and/or accessories (hereinafter: the “Machine”), together with everything pertaining thereto.
1.2 The party to whom Metech issues a quotation or makes an offer, or with whom Metech concludes an agreement relating to a Machine, is referred to in these rental conditions as the “lessee”.
1.3 The rental agreement between Metech and the lessee relating to the rental of a Machine is referred to in these rental conditions as the “rental agreement”.
1.4 Metech expressly rejects any general terms and conditions used by the lessee, however named, and these do not apply to the rental agreements, unless Metech has expressly accepted such conditions of the lessee in writing.
1.5 Amendments to the rental agreement and deviations from these rental conditions are only effective if they have been agreed in writing between Metech and the lessee.
Article 2 Formation of the rental agreement | information | advice
2.1 All oral or written offers made by or on behalf of Metech to the lessee are without obligation, unless Metech has issued a written quotation stating a specific acceptance period in that quotation.
2.2 A written or oral rental request from the lessee constitutes an offer to conclude an agreement. In that case, the agreement is concluded upon acceptance of the lessee’s request by Metech. The risk of the correct execution of orders placed by telephone lies with the lessee.
2.3 In all cases, the rental agreement is concluded at the moment Metech has commenced performance of the rental agreement (e.g. by making the Machine available to the lessee).
2.4 The lessee is obliged to provide all information that Metech, in its judgement, requires in order to issue a proper quotation or offer. This also applies to information of which the lessee can or should reasonably know that Metech needs it in order to issue a proper quotation (e.g. information about the surface area and the material of the floor). If information provided by the lessee proves to be incorrect or incomplete, Metech is entitled to adjust the quotation or offer to what it would have been had the lessee supplied the correct or complete information. The lessee owes Metech any additional costs.
2.5 If Metech gives the lessee advice (e.g. on the cleaning agents or brushes to be used), such advice is without obligation and the lessee cannot derive any rights from it. Metech is not liable to the lessee for any damage (however named) resulting from such advice. Advice provided by Metech to the lessee in the context of the performance of the rental agreement is intended exclusively for the lessee.
Article 3 Rental price and payment
3.1 The rental price for the Machine agreed with the lessee covers unlimited use of the Machine during the term of the rental agreement, unless Metech and the lessee agree otherwise in writing.
3.2 Early return of the Machine by the lessee does not release the lessee from the obligation to pay the rental price until the end of the agreed rental period, unless Metech and the lessee agree otherwise in writing.
3.3 All amounts agreed with the lessee are exclusive of costs for e.g. transport, operating instructions, cleaning agents, staff and fuel/electricity, and of any other tax or levy that is or may become due, unless Metech and the lessee agree otherwise in writing. Should any of these costs be due, they are for the account of the lessee and the lessee shall pay them at Metech’s first request.
3.4 Payment must be made within 30 days of the invoice date (unless a different term has been agreed in writing) to the bank account number specified by Metech, without the lessee being entitled to any set-off, discount, deduction or settlement. Any disputes between Metech and the lessee (e.g. a complaint about the Machine) do not entitle the lessee to suspend its payment obligation.
3.5 If the lessee has not paid in full within the agreed payment term, the lessee is in default, without notice of default being required, as of the date on which the payment term has expired. The lessee then owes Metech interest on the outstanding invoice amount, immediately due and payable, of 1.5% per calendar month, with part of a month being counted as a full month.
3.6 If the lessee is in default, the lessee owes the actual costs that Metech incurs and must incur to collect the amount owed by the lessee. These include, among other things, internal costs and the costs of a lawyer, the bailiff and legal proceedings. Insofar as extrajudicial collection costs are concerned, these costs amount to at least twice the amount resulting from the calculation under the Dutch Decree on compensation for extrajudicial collection costs of 1 July 2012 (Bulletin of Acts and Decrees, Staatsblad 2012/141).
3.7 The lessee must notify Metech in writing of any complaints regarding an invoice from Metech no later than seven days after the invoice date. After this period has expired, the lessee is deemed to have accepted the invoice and the underlying work or services performed (rental of the Machine).
3.8 If the rental agreement is cancelled by the lessee within two weeks before the agreed commencement, the lessee owes Metech 30% of the agreed total rental amount. If the rental agreement is cancelled within 48 hours before this commencement, the lessee remains liable to Metech for the full agreed rental amount, unless Metech rents the Machine to another lessee within that same period for the same rental term and on at least the same financial terms as originally agreed with the lessee.
Article 4 Provision of the Machine | Use of the Machine
4.1 The Machine is delivered to the location specified in writing by the lessee. This location must be directly and easily accessible for Metech (or a third party engaged by it), and the loading or unloading point must be on the ground floor at a distance of no more than 10 metres from the entrance of a building. For provision at a different place or in a different manner than stated above, Metech charges a surcharge, which the lessee owes to Metech. Delivery in principle takes place between 07:30 and 17:00 on working days.
4.2 If the location specified by the lessee is not (easily) accessible and/or no authorised person who can properly identify themselves is present upon delivery, Metech may choose between taking the Machine back and leaving it at the location. If Metech chooses to take the Machine back, any additional transport and other related costs are owed by the lessee to Metech.
4.3 Upon delivery, the Machine is deemed to be in good condition, free of defects and without damage. If, in the context of the rental agreement, Metech provides a delivery report or other information about e.g. the number of operating hours or the condition of the Machine, this report or information constitutes conclusive evidence between Metech and the lessee as to the status of the Machine (e.g. the number of operating hours, the condition of the Machine and any damage or defects).
4.4 In performing the rental agreement, Metech is entitled to make available a slightly different or similar machine instead of the Machine, without this entitling the lessee to suspend, terminate or rescind (obligations under) the rental agreement.
4.5 The start date of the rental period is not a strict deadline for Metech; Metech will endeavour to make the Machine available to the lessee at the start of the rental period.
4.6 After receipt or delivery of the Machine to the lessee, the Machine is entirely at the lessee’s expense and risk for as long as it has not been returned to or collected by Metech, and any damage is for the account of the lessee.
4.7 The lessee shall use the Machine as a good lessee, competently and for the purpose for which the Machine was made, in compliance with Metech’s user regulations, directions and instructions (including those on the cleaning agents to be used and the proper use of the Machine). All damage arising from failure to comply, or to comply in time or correctly, with these user regulations, directions and instructions and/or from use of the Machine for a purpose other than that for which it was made is for the account of the lessee.
4.8 Subletting, lending, encumbering, disposing of, dismantling or independently repairing the Machine by or on behalf of the lessee is not permitted. Use of the Machine by third parties or any other dealing with the Machine contrary to Metech’s interests is not permitted.
4.9 At the end of the rental agreement, the lessee must ensure that the Machine is ready to be collected by or on behalf of Metech at the place where it was delivered at the start of the rental, complete, cleaned and in good and original condition (and free of damage) – save for normal wear and tear. Transport in principle takes place between 07:30 and 17:00 on working days. If, at the end of the rental agreement, the lessee does not or cannot make the Machine available to Metech in time, and the lessee has not notified Metech of this in writing at least 24 hours before the end of the rental agreement, all costs incurred by Metech for removal or collection are for the account of the lessee.
4.10 After the Machine has been made available to Metech again, Metech inspects the Machine for any damage and defects. If the Machine is returned to Metech in a damaged condition, or in breach of other obligations of the lessee after or during the rental agreement, and (repair) work proves necessary, the lessee owes all costs to be incurred by Metech or by third parties engaged by Metech, plus an amount of €250 for each day on which Metech, as a result of the (repair) work to be carried out, does not have the Machine available for re-rental. The lessee is obliged to pay these costs to Metech at Metech’s first request.
4.11 If the Machine is damaged during the rental period and the damage cannot be repaired at short notice, Metech is entitled to replace the Machine, in whole or in part, with a machine that is as comparable as possible. The lessee shall at all times remain liable for the rental price until the end of the rental period, even if the lessee does not use a replacement sweeper and/or scrubber. The lessee understands that finding a replacement machine takes time, and Metech is not liable for any damage whatsoever (e.g. the costs of a replacement machine) that the lessee may suffer during the period in which no machine is available.
4.12 If the lessee exceeds the agreed rental period without Metech’s written consent and retains the Machine without right or title, Metech is entitled to compensation without prior notice of default. This compensation consists of an amount equal to 200% of the agreed rental price per day (with a minimum of €250 per day) for each day that the lessee still retains the Machine. In that case, the lessee also owes all actual costs that Metech must incur to obtain surrender of the Machine.
4.13 In the event of loss, disposal, theft, embezzlement or encumbrance of the Machine during the rental period, the lessee must compensate the new value of the Machine according to Metech’s price list applicable at that time, unless the lessee – in the case of loss, theft or embezzlement – demonstrates that this cannot be attributed to it. The lessee remains obliged to fulfil its further payment obligations under the rental agreement.
4.14 Major maintenance, periodic inspections and the replacement of parts, insofar as caused by normal wear and tear on or of the Machine, are carried out exclusively by Metech and are at Metech’s expense, unless the lessee or third parties have used the Machine improperly and/or contrary to the regulations and instructions and/or the rental agreement, or have otherwise acted wrongly or failed to act as may be expected of a good lessee. In such situation(s), these costs are for the account of the lessee.
4.15 The lessee is obliged to inform Metech immediately of any relevant developments or problems with the Machine, or if the Machine becomes damaged or cannot be found. The lessee shall inform Metech in writing of the nature and extent thereof and, where possible, enclose the necessary supporting evidence (e.g. photos or footage).
4.16 The lessee is obliged to take out adequate insurance providing cover in the event that the lessee (or its employees or third parties engaged by it) or third parties, during the term of the rental agreement, cause damage with or to the Machine to property, persons and/or the environment. The lessee indemnifies Metech against claims, including those of third parties, in this respect.
Article 5 Termination of the rental agreement
5.1 If the lessee fails in any respect to fulfil its obligations, or if one or more of the situations listed below occur, Metech is at all times entitled to terminate the rental agreement prematurely with immediate effect, without notice of default being required and without thereby being obliged to pay any (damages or) compensation to the lessee:
- the lessee does not pay the invoices sent in time within the payment term;
- a (prejudgment) attachment is levied on movable and/or immovable property of the lessee, or on the Machine;
- the lessee is declared bankrupt or admitted to the statutory debt restructuring scheme, or a suspension of payments is granted, or an application for one of these situations is filed;
- the lessee decides to dissolve or liquidate its business;
- there is a change of control at the lessee (e.g. through a sale of shares or the withdrawal of a partner);
- in Metech’s judgement, circumstances exist or may arise at the lessee that entail such an increase of its risk and/or may impede the normal performance of this agreement and/or may harm Metech’s interests;
- the Machine is seriously damaged or destroyed;
- staff of Metech or other auxiliary persons are (or are threatened to be) exposed to substances harmful to health or unsafe (working) conditions on the lessee’s premises;
- at the place where the Machine is located and/or used, there is such a danger that Metech is obliged under the safety regulations to put the Machine out of operation;
- the maintenance and/or repair costs of the Machine develop considerably less favourably than Metech could reasonably have foreseen when entering into the rental agreement;
- the lessee acts in breach of one or more obligations under the rental agreement (e.g. by making the Machine available for use by third parties).
5.2 The lessee is obliged to inform Metech immediately of the circumstances referred to in 5.1 at the moment they occur.
5.3 Premature termination of the rental agreement is without prejudice to Metech’s other rights against the lessee. Upon premature termination, all of Metech’s claims against the lessee become immediately due and payable.
5.4 Upon termination of the rental agreement, the lessee is obliged to store the Machine carefully and to have it ready in good condition for Metech to collect it (or have it collected). The lessee is obliged to give Metech (or third parties designated by Metech) all cooperation necessary to enable Metech to collect the Machine (or have it collected), regardless of where the Machine is located.
Article 6 Liability and indemnification
6.1 Metech is only liable for the lessee’s direct damage if that damage is the direct consequence of a failure attributable to Metech in the performance of an obligation incumbent on it under the rental agreement.
6.2 Metech is in no way liable for consequential or indirect damage of the lessee, such as (but not limited to) business interruption losses, loss of production, loss of profit, fines, environmental damage, transport costs and travel and accommodation expenses.
6.3 In any event, Metech’s liability is limited to compensation for the lessee’s direct damage that is the direct consequence of a (related series of) attributable failure(s) by Metech in the performance of the rental agreement. This liability for direct damage is limited to the amount paid out by Metech’s liability insurer in the case in question, plus any deductible to be borne by Metech.
6.4 If Metech’s liability insurer does not pay out or there is no liability insurance, Metech’s liability is limited to an amount equal to the rental price received from the lessee in the six months preceding the event on which the lessee bases the liability, with a maximum of €5,000.00, unless there is intent or deliberate recklessness on the part of Metech.
6.5 The lessee indemnifies Metech against claims by third parties connected with or relating to the performance of the rental agreement and the use of the Machine.
6.6 Metech is not liable to the lessee, and the lessee indemnifies Metech against claims, (i) where the damage is due to intent/fault/culpable conduct of the lessee and/or (ii) if damage arises from injudicious, improper or careless use of or relating to the Machine by or on behalf of the lessee.
Article 7 Force majeure
7.1 Metech is entitled, without being in default, to suspend its obligations under the rental agreement (including the provision of the Machine) if the failure to fulfil an obligation under the rental agreement is not attributable to it pursuant to Article 6:75 of the Dutch Civil Code (BW) and there is force majeure.
7.2 Force majeure on the part of Metech exists in any event if, after the conclusion of the rental agreement, Metech is prevented from fulfilling its obligations under this agreement, or the preparation thereof, as a result of war, threat of war, civil war, riot, civil unrest, terrorism, strikes, occupation of premises, lockouts, fire, environmental and water damage, flooding, government measures including import and export measures, epidemics, extreme weather conditions, disruptions in the supply or provision of raw and auxiliary materials, disruptions in the supply of energy and business supplies, defects in machines and installations, defects in means of transport, transport obstructions, and as a result of all other causes arising outside the fault or sphere of risk of Metech.
7.3 If a situation of force majeure lasts longer than seven days, both Metech and the lessee are entitled to unilaterally rescind the rental agreement, for the part not yet performed, by means of a written notice to the other party. In that case, Metech is only entitled to compensation for the costs reasonably incurred by it.
7.4 The lessee cannot invoke that a failure is not attributable to it (force majeure) where this concerns the lessee’s payment obligation to Metech.
Article 8 Joint and several liability
8.1 If Metech rents a Machine to several (natural or legal) persons jointly, all obligations under the rental agreement on the part of the lessees shall be joint and several, and the lessees are jointly and severally liable to Metech, each for the whole. Metech may choose which party must perform as joint and several lessee.
8.2 The lessee may only transfer rights or obligations under the rental agreement to a third party, or have them assumed by a third party, with Metech’s prior written consent. Metech is entitled to grant its consent only subject to the (financial) conditions to be set by it. This clause has effect under property law within the meaning of Article 3:83 of the Dutch Civil Code (BW).
Article 9 Governing law and disputes
9.1 All agreements between Metech and the lessee are governed exclusively by Dutch law.
9.2 Any dispute arising from the rental agreement or relating to a quotation or offer may, at first instance, be submitted exclusively to the Dutch courts, namely the competent court of the District Court of Gelderland (Rechtbank Gelderland), Arnhem location, unless Metech decides to summon the lessee before a different court.
Metech Sweepers & Scrubbers B.V.
De Landweer 2
3771 LN, Barneveld
The Netherlands
Chamber of Commerce (KvK): 81200889 | info@metech.nl