Terms & Conditions

MEGAMAX GENERAL TERMS AND CONDITIONS

1.GENERAL PROVISIONS

° Subject to prior written agreements, the present general terms and conditions will apply to all our performances and they take priority over all other general terms and conditions.

° The present general terms and conditions apply to handling and crane works as well as to transport.

2.CONCLUSION OF THE AGREEMENT

° Each offer made by our company shall be valid for no longer than eight days and shall only bind our company after its final acceptance by the company.

° An order is accepted only when a written confirmation has been sent determining the price, the general and special terms and conditions, and the date of execution of the agreement.

° Any offer made by our company shall be subject to the following terms and conditions:

1. The customer undertakes to provide full and detailed information about the goods to be transported and handled, about the loading and unloading sites and the routes to be followed;

2.The customer undertakes to protect the goods against transport and handling risks and to provide appropriate lifting and securing points;

3.The customer shall ensure that the loading and unloading sites are accessible and passable, that these sites and entrances have been cleared, that they provide the required space and guarantee safety of execution, that these sites provide the required structural stability of surface and subsoil, particularly with regard to the installation of the equipment, its stabilization and the use of hoisting cranes. The customer shall take full responsibility and agrees to pay all the costs if any of the above-mentioned terms and conditions have not been met, i.e. in the event of damage to the road surface and subsoil, even when the customer acted in good faith.

3.PRICE

° Subject to any prior written agreement, our prices apply to the works carried out on working days during normal working hours, without interruption of the works, and to the exclusion of: any authorization by the police or other authorities, road signs and works required to consolidate the work sites or to make them safe.

° When a hoisting crane or any other equipment, with or without an operator, is put at the disposal of the customer on the basis of the order placed by him, this shall be considered a rental agreement, and the costs relating to the operator and the equipment, including fuel, are included in the rental price.

° Subject to any prior written agreement, the rental period is set at indivisible working days of at least eight hours a day, and five days of at least eight hours per week.

°The rental period starts when the equipment leaves our warehouse and ends when it is returned to one of our warehouses.

° The costs for supplying and removing, assembling and disassembling boom attachments and fittings, additional counterweights and load distributing plates for certain cranes shall be paid separately by the customer.

° Any changes to the terms and conditions of execution of the works as specified in paragraph 2 above, or any circumstances, including those due to Force Majeure, not attributable to our company and which add to the cost of carrying out the works or which cause delays, as well as any additional works or rentals will give rise to supplementary invoices by our company at the normal rates applied by our company.

4.EXECUTION

° Our company shall determine the method of execution of the works.

° As soon as a hoisting crane or any other type of equipment arrives at the site, the operator shall perform his duties exclusively under the authority, guidance, supervision and liability of the customer, his agent or his representative.

° Cables and slings shall be supplied and attached to the load by the customer. The customer shall be liable for any accident or damage caused by defective cables and slings or by an incorrect and/or inadequate attachment of the load to be hoisted.

° If the rented hoist crane or any other type of equipment cannot be used due to circumstances, the customer shall not be entitled to request a cancellation of the rental agreement. Adverse weather conditions (wind, frost, rain,…), strikes, lock-out, machine failure, riot, fire, floods and other catastrophes shall be considered ‘acts of god’. In such cases the customer shall not have the right to claim damages of any kind.

° No rent shall be due for time lost as a result of any failure of the rented equipment. Under no circumstances shall any failure of the equipment entitle the customer to charge waiting hours or consequential damages of any kind.

° Our work order form must be signed for approval at the end of every job.

5.COMPLAINTS

° Our performance is deemed to be accepted, subject to any express comments written by the customer on our work order forms.

° On pain of cancellation, any complaint must be made by registered letter within two working days from the date on which these express comments were written on the work order form.

6. CANCELLATION OF AN ORDER

° In the event of cancellation of an order by the customer, the latter shall be obliged to pay a lump sum equalling 50 % of the price, without prejudice of our company’s right to claim higher damages provided that we can provide proof of the actual damage.

7.LIMITATION OF LIABILITY

° Our company only enters into an obligation of means and shall only be responsible for its particular acts of negligence and errors and for the care in choosing other companies whose services may be called on.

° Our company shall be relieved of any liability for any risks resulting directly or indirectly from the execution of the works and the renting out of equipment, including the goods and personnel of the customer, his agents or third parties.

° If no instruction was given to our company by the customer to have these risks insured on his behalf and at his expense, the customer shall be deemed to have taken out his own insurance with waiver of recourse against our company by himself and by his insurers.

8.PAYMENTS

° All invoices made out by our company are payable in cash and without discount or retention, unless otherwise agreed in the contract.

° The sending of invoices shall be conceived as a demand for payment.

° If an invoice remains unpaid at the due date, the sum payable shall, by operation of law and without prior notice of default, be increased by 15% (with a minimum of 75 €) by way of liquidated compensation for additional administrative costs, as well as by additional default interests of 1.5% per month, whereby each part of a month shall be considered as a full month, until the date of full payment of the invoice amount.

° Expired interests, due for at least an entire year will in turn accrue additional interests at the same rate.

9.COMPETENCE AND JURISDICTION

• Any dispute regarding the execution of the works and/or the recovery of any amounts due shall be brought before the competent courts of our judicial district.