Terms & Conditions

1. General

1.1 These general conditions of sale, rental and delivery apply to all offers, agreements, deliveries of products and services by “Bar Container”.
1.2 Any conditions of purchase and/or other general conditions of the buyer, including the counterparty and, if applicable: the hirer, of Bar Container shall not apply. The provisions of these general conditions may be waived only expressly and in writing by Bar Container, or with the written consent of Bar Container. Waiver clauses apply only to the agreement in which these waiver clauses were made. Otherwise, the following conditions remain in force.
1.3 All offers by Bar Container are non-binding unless otherwise agreed in writing. All agreements between Bar Container and the buyer or lessee are binding and come into force only if accepted by Bar Container.
1.4 Changes to an agreement once concluded shall take effect only as soon as and to the extent that Bar Container has confirmed them in writing.

2. Prices

2.1 Bar Container’s quotations and prices agreed with Bar Container are exclusive of VAT and are based on the cost price factors applicable at the time the contract is concluded. Unless otherwise agreed, all quotations are subject to price changes.
2.2 If price increases occur in relation to one or more cost price factors, e.g. due to an increase in duties and/or excise taxes, factory prices, currency changes, etc., the price will be subject to change.

3. Delivery

3.1 Delivery times stated are approximate only and are in no event to be considered as deadlines, unless expressly agreed otherwise. A delivery period will begin to run only when the last condition stated in the order confirmation is met.
3.2 Failure to meet delivery deadlines, regardless of the cause, shall not entitle Buyer to any compensation or termination of the contract and/or breach of any obligation to which it may be entitled under the contract in question or any other existing contract between the parties.
3.3 Unless expressly agreed otherwise, delivery will always take place at the FACTORY. Therefore, as soon as the goods sold have left Bar Container, delivery will take place at the Buyer’s risk and expense, regardless of who is responsible for transportation and regardless of the means and route of transportation chosen.
3.4 Delivery times quoted are always to be considered approximate and never as a deadline. If the parties have not agreed on a delivery time, the Customer must grant us in writing a period of at least one month for further performance before we can invoke exceeding the delivery time. We will always endeavor to adhere as closely as possible to the stated delivery deadline, but exceeding it can never be grounds for liability on our part, except in cases of willful misconduct.
3.5 If, for any reason, the purchaser does not accept delivery of the goods and the goods are ready for shipment, Bar Container shall have the right, at its discretion, to immediately terminate the contract in whole or in part, to deliver the goods at the purchaser’s risk and expense, to store the goods in whole or in part at the purchaser’s risk and expense or to have the goods stored and to charge the purchaser for any additional costs incurred by the purchaser as a result or to claim damages. In the event that the goods are stored in whole or in part at the risk and expense of the purchaser, Bar Container has the right, after the goods have been stored for three weeks, to withdraw from the contract in whole or in part or to claim damages.
3.6 New containers with a lower price guarantee are in most cases shipped by truck transport. Slight transportation and handling damages may occur during transportation. Unfortunately, it is not possible to avoid them. Minor damage such as dents and scratches and slight rust may occur. Of course, you will not receive a container with volume dents (deeper than 50 mm). The floor may have minor signs of use, such as forklift tire tracks. Damage must be reported within 24 hours of delivery with photos and/or video.
3.7 We maintain a delivery distance of up to 15 meters from the truck, and the surface on which the material will be placed is level and suitable for rolling stock.
3.8 We do not transport goods indoors. This means if the goods have to be moved through a residential building or office. We deliver to your doorstep.

4. Complaints

4.1 Complaints are defined as all claims and demands by Buyer relating to the quantity, quality, damage and/or packaging of the purchased goods.
4.2 Bar Container will only accept and process complaints submitted in writing to Bar Container within eight days of delivery or making the goods available to Buyer.
4.3 If Bar Container believes that a claim notified in accordance with paragraph 4.2 is proven, Bar Container shall have the option to replace the defective goods delivered at its own expense or to pay the Buyer an amount equal to the price payable by the Buyer for the goods. However, in either case, the purchaser must return the defective material to Bar Container, subject to Bar Container’s consent. In no event shall Bar Container be liable for any compensation in addition to that provided for in this article.

4.4 The Buyer shall inspect the quantity, nature, and soundness of the goods delivered by Bar Container immediately after delivery. Complaints regarding defects that could have been discovered by simple sampling must be submitted in writing to Bar Container within three days of their discovery.
4.5 Exceeding the time limits in Articles 4.2 and 4.4 shall result in forfeiture of the right to complain.
4.6 Complaints shall never entitle the Buyer to suspend all or part of the payment of the purchase price or additional costs, any recourse to discounts and/or compensation being expressly excluded. If, and to the extent that, Buyer could derive a claim for reimbursement of the purchase price from a justified claim, the related claim against Bar Container may never be offset against a debt owed to Bar Container due to transactions to which the related claim does not relate.

5. Major force

5.1 Force majeure means any unattributable failure, including any event as a result of which Bar Container’s performance of the contract has become so difficult or costly, relative to its prospects at the time of entering into the contract, that such performance can no longer be reasonably required in its judgment.
5. 2 Force majeure on the part of Bar Container exists in any case, but is not limited to, if, after the conclusion of the contract, Bar Container is prevented from performing its obligations under this agreement or the preparation of this agreement in the event of war, threat of war, fire, water damage, flood, frost, strikes, stoppages, sit-down strikes, blockage of transportation routes defects in means of transportation, impediments to import and export, defects in machinery, interruptions in the supply of electricity, difficulty or stagnation in the production of Bar Container or of a company from which Bar Container obtains raw and auxiliary materials, veterinary infections and/or epidemics, and, in addition, for any other cause outside the fault or risk of Bar Container. Bar Container will notify the purchaser in writing of the occurrence of a force majeure condition.

5.3 Bar Container has the right to dissolve the agreement in case of force majeure. Bar Container has the right, if it so desires, instead of dissolving the agreement, to suspend its performance until the circumstances causing the force majeure have ceased.
5.4 Bar Container shall not be liable for damages caused by dissolution or suspension due to force majeure, including loss of profit.

6. Retention of title

6. 1 All delivered goods shall remain the sole property of Bar Container until Buyer has fulfilled all obligations arising out of or in connection with the agreements under which Seller undertook to make the delivery, including claims for penalties, interest and costs, including costs due to loss in value and/or recovery of the delivered goods, and until all other claims of Seller against Buyer in respect of which Seller may validly enter into retention of title in accordance with Art: 92 of the Dutch Civil Code. Until that time, Buyer shall be obligated to keep the goods delivered by Seller separate from other goods and clearly identified as Seller’s property, to insure and maintain them properly insured, and to permit inspection of the insurance policy at Seller’s first request, and to refrain from handling or processing such goods.

6.2 Until the Buyer has acquired ownership of the goods purchased by him, he is prohibited from disposing of, pledging or otherwise encumbering the goods in question except in the ordinary course of his business. In the event that Buyer sells and/or delivers the goods in question in the ordinary course of business, Bar Container shall have the right, as long as Buyer has not fulfilled its payment obligations in any manner to Bar Container in full, to require the transfer to Bar Container of its claims against its customers arising from such sales.
6.3 If Buyer fails to fulfill its payment obligations, Bar Container shall have the right to reclaim the goods delivered as its property either by Buyer or by third parties after redelivery, without prejudice to its right to compensation for damages incurred.
6.4 If Buyer processes and/or treats goods delivered but not yet paid for and/or has them processed and/or treated by third parties on its behalf, Bar Container shall also remain the owner of the processed and/or treated goods, even if the processing and/or treatment results in a different product.
6.5 Bar Container shall transfer ownership of the items delivered to the purchaser as soon as the purchaser has fulfilled all its obligations to Bar Container arising out of or in connection with the agreements under which Bar Container undertook to deliver, without prejudice to Bar Container’s lien, including for the benefit of other claims, in whatever capacity, which Bar Container has against the purchaser. The purchaser establishes in favor of Bar Container a first lien on the items delivered by Bar Container as pledged assets in favor of the purchaser, which lien Bar Container accepts. The purchaser declares that it is authorized to pledge the above property and that such property is not subject to limited rights and/or liens.

7. Payment

7.1 The Purchaser shall pay the purchase price at the time agreed for that purpose.
7.2 Bar Container shall at all times have the right to suspend performance of its obligations until such time as Buyer, at Bar Container’s request and to its satisfaction, has provided security for the performance of all its obligations under the relevant contract. If Buyer fails to provide the required warranties, or fails to do so in full or in a timely manner, it will be in culpable breach of its agreement with Bar Container.
7.3 Buyer shall not have the right to suspend its payment for any reason. Nor will set-off or refund be permitted.
7.4 If Buyer fails to meet its payment obligations on time, it will be in default without the need for a notice of default. In such case, Bar Container shall be entitled to charge interest from the time of default at the legal interest rate plus 2% on the invoice amount or the unpaid portion. In addition, in case of non-payment, Bar Container has the right to charge the buyer all reasonable costs of measures, both judicial and extrajudicial, that Bar Container (at its discretion) takes against the buyer, with a maximum of 15% of the principal amount owed by the buyer, but with a minimum of 250 euros, – excluding VAT.

8. Enforceability and dissolution

8.1 Subject to the other provisions of these General Terms and Conditions, Bar Container’s claims against the Buyer shall become immediately due and payable as soon as the Buyer is declared bankrupt, applies for a precautionary suspension of payments, has precautionary measures imposed on it and/or otherwise loses the free administration and free disposition of its assets in whole or in part. In addition, under such circumstances, Bar Container shall have the right to dissolve the contract. In the event of dissolution, Buyer shall be liable for all damages suffered by Bar Container, including those resulting from loss of profit and transportation costs.
8.2 Any dissolution for any reason will always result in the enforceability of all that is owed to Bar Container

9. Responsibilities

9.1 Except for gross negligence, Bar Container shall never be liable for any direct or indirect damage to persons, property or business of Buyer and/or third parties.
9.2 In the event of liability on the part of Bar Container, such liability shall be limited to the amount covered by Bar Container’s insurance in each case. If, for any reason, this insurance does not result in any payment, or if the damage is not covered by this insurance in a particular case, liability shall be limited to the amount equal to the invoice value of the goods and/or services provided by Bar Container to which the liability relates.
9.3 Damages in the form of loss of profit or other consequential damages are not recoverable under any circumstances.
9.4 Bar Container is not liable for damage caused to the container by careless movement with a crane using lifting eyebolts, this does not apply to premium model containers with a 10-year manufacturer’s warranty against rust.
9.5 Bar Container is not responsible for any damage to the container, materials, people in the general concept during our free construction assistance. This is because Bar Container does not fully control the assembly with its own personnel and therefore cannot be held responsible.  With the full assembly service, however, this damage to the container can be recovered by Bar Container, as the complete assembly of the delivered goods is carried out exclusively by Bar Container’s employees.
9.6 Bar Container is not responsible for damage to the contents of the container.

10. Applicable law and jurisdiction

10.1 Offers and agreements between Bar Container and Buyer, to which these General Terms and Conditions apply in whole or in part, shall be governed by Dutch law. The Vienna Sales Convention shall not apply.
10.2 All disputes arising from this contract shall be exclusively subject to the competent court at the place where Bar Container’s registered office is located.

11. Applicability

11.1 The following definitions apply in this Special Part of the General Conditions:
Lessee : the counterparty of Bar Container.
Lease Object : the object that the Lessee leases from Bar Container.
Lease Agreement : the contract entered into between Bar Container and Lessee in connection with the lease and rental of a Leased Object.
11.2 The provisions contained in the Special Part of these General Conditions shall apply, in addition to the provisions contained in the General Part, to all offers, acceptances, agreements and other acts, which relate to the provision of a Rental Object and the provision of services in connection therewith by Bar Container, as Lessor.

12. Offers

12.1 Unless expressly stated otherwise, all offers made by Bar Container, regardless of the form in which they are made, are non-binding. Any non-binding offer made by Bar Container may be withdrawn by Bar Container, including within 10 (ten) business days after receipt by Bar Container of acceptance by the Hirer.
12.2 Bar Container’s representations and specifications as to size, capacity, performance or results are provided as approximations only.
12.3 To the extent that the Hirer takes any action and/or makes any preparation for that purpose in the apparent expectation or assumption that a lease will be or has been concluded, the Hirer does so at its own risk.
12.4 Any inaccuracy or alleged inaccuracy in the order confirmation must be notified in writing to Bar Container by the Hirer within two business days of the date of the confirmation, under penalty of forfeiture.

13. Rent and security

13.1 All prices quoted by Bar Container are exclusive of VAT. Accrued VAT will be invoiced separately.
13.2 To the extent that the provision of the rented item by Bar Container requires the incurrence of costs, e.g. transportation costs, Bar Container may also charge these separately to the Hirer.
13.3 If payment of a deposit by the Hirer has been agreed upon, Bar Container may suspend the supply of the rented item until the deposit is paid in full. The deposit shall be returned to the Hirer upon termination of the lease, without payment of interest and subject to settlement of all claims Bar Container may have against the Hirer for any reason whatsoever.
13.4 If, in Bar Container’s reasonable opinion, Lessee’s financial condition gives reason to do so, Lessee shall be obligated, at Bar Container’s first demand, to immediately provide security (additional or otherwise) to the satisfaction of Bar Container for the performance of Lessee’s obligations under the Lease. If Lessee fails to provide adequate security in a timely manner, Bar Container shall have the right to terminate the Lease with immediate effect without being liable for any damages.

14. Payment

14.1 The Charterer shall pay the amount due to Bar Container in due course, either in cash at the premises of Bar Container or by transfer to a bank account specified by Bar Container. A payment other than in cash shall be deemed to have been made in due course only if the amount due is credited to the bank account referred to in the preceding sentence by the date agreed for that purpose.
14.2 In the event that (any part of) the rent is not received by the agreed date, Bar Container shall be entitled, without prejudice to its other rights under the law or the Contract and without notice of default, to the following
(a) charge the Hirer interest at the rate of 1.5% per month on (the unpaid portion of) the rent as of such date, for the calculation of which part of a month shall be deemed to be a full month, and
(b) suspend performance of the contract with respect to which the Tenant is in arrears in payment, as well as any other contract with the Tenant.
If the Tenant fails to pay in full what is owed to Bar Container within the specified additional period, even after a written reminder, Bar Container shall have the right to dissolve the contract with immediate effect. Bar Container may also charge the tenant for all expenses it incurs in or out of court in order to preserve its rights against the tenant. The extrajudicial collection costs shall amount to a minimum of EUR 1,250 for each action of Bar Container against the tenant.
14.3 A payment made by the Arrendat will be imputed first to the interest charged, then to the expenses incurred by Bar Container due to the Arrendat’s failure to perform, and only then to the income expenses incurred, the former of which will prevail over the latter. The former will apply to the extent Bar Container does not stipulate otherwise.
14.4 Unless expressly agreed otherwise in writing, the Hirer may not apply any discount, deduction or set-off to any provision. Further, the Hirer shall not have the right to suspend its payment obligation in the event of default by Bar Container.

15. Supply and acceptance of the rental object

15.1 Unless expressly agreed otherwise in writing, Bar Container shall make the Hired Article available to the Hirer at the time agreed for that purpose at Bar Container’s yard, warehouse or storage facility as specified by Bar Container. Bar Container shall not be in default against the Hirer with respect to the supply of the hired article until the Hirer has granted the Hirer a new reasonable period of time in writing after the expiration of the original period for supply of the article and Bar Container has also allowed this period of time to expire. In determining this reasonable time period, all circumstances must be considered.
15.2 If the Lessee fails to take delivery of the leased item at the agreed time and this is not the fault of Bar Container, the Lessee will be in default. Without prejudice to its right to be compensated for all costs and damages in connection with the first non-delivery, Bar Container shall have the right to terminate the lease without judicial intervention with immediate effect, if the Lessee fails to take delivery of the leased item before or on the second occasion that Bar Container has given notice to the Lessee.
15.3 Upon receipt of the leased property or at least immediately thereafter, the Hirer shall carefully examine the leased property for soundness, strength, and completeness. If the Hirer discovers any defects or deficiencies, the Hirer shall notify Bar Container in writing no later than three business days after their discovery. Defects that the Hirer has failed to discover in a timely manner by failing to carefully examine the leased item for soundness, strength and completeness at the time of taking possession, or defects that the Hirer has failed to notify Bar Container in writing in a timely manner, shall not be grounds for reduction of rent, termination of the lease, or compensation for damages.

16. Use

16.1 The Lessee is obligated to use the Leased Object as a good Lessee, which implies:
(a) that the Lessee uses the Leased Object solely for the purpose for which it was leased and, within that scope, is otherwise suitable according to its nature;
(b) that the Lessee uses the Leased Object in accordance with the instructions provided by Bar Container in the form of instruction manuals, etc., or otherwise;
(c) That the Hirer continuously inspects the Leased Object for proper operation and, to the extent not otherwise agreed, promptly performs the daily maintenance necessary to maintain proper operation, all in accordance with the manufacturer’s specifications, if available;
(d) That the Hirer takes all reasonable measures to prevent damage and/or loss of the Leased Object;
(e) That the Hirer does not move or relocate the Leased Object from the location where the Leased Object is intended to be used, without obtaining the prior consent of Bar Container.
16.2 If the use of the Leased Object requires a permit, unless expressly agreed otherwise, the Hirer shall ensure that the permit is obtained in a timely manner.
16.3 The Hirer is prohibited from making the Leased Object available to third parties for rental, subletting, use or other purposes without the prior written consent of Bar Container.
16.4 If Bar Container desires to have the Leased Object at its disposal for inspection, maintenance or repair, the Hirer will provide its full cooperation for this purpose immediately upon being requested, which shall include, among other things, that the Hirer, if requested, provide a suitable and safe place of work in accordance with applicable working conditions and environmental regulations, if necessary also outside the Hirer’s usual working hours.

17. Foreclosure; third-party claim

17.1 If the rented item is seized (or threatened with seizure), or third parties make claims with respect to the rented item, the Hirer shall immediately inform Bar Container of this. The Hirer shall also act in accordance with the instructions given to him/her by Bar Container at that time. Bar Container has the right to provide the Hirer with an equivalent replacement item.
17.2 If a seizure is also made at the Hirer’s expense on rental articles belonging to Bar Container and this results in costs to Bar Container, the Hirer shall compensate Bar Container for all costs arising from the seizure.

18. Defects

18.1 Notwithstanding the provisions of Section 15.3, if the Tenant discovers any defects, deficiencies or damage to the Leased Property during the Lease, the Tenant shall notify Bar Container in writing without delay and in any event within three business days. Defects, deficiencies or damages that are not reported in writing in a timely manner shall not be grounds for a reduction of the rental price, termination of the Lease, or compensation for damages by Bar Container.
18.2 When a defect, deficiency, or damage to the Leased Object is discovered, the Hirer shall not continue its use until it has consulted Bar Container. If the Hirer fails to consult Bar Container in a timely manner, damage resulting from continued use shall be or remain the responsibility of the Hirer.
18.3 Bar Container shall, after a defect, abnormality or damage to the Hire Object has been reported by the Hirer and it has become apparent that repair is necessary for the further use or preservation of the Hire Object, remedy the defect, abnormality or damage / in consideration of the nature of the defect, abnormality or damage and the available labor and material / as soon as possible by repair. Upon Bar Container’s request, the Hirer will immediately make the Hire Object available to Bar Container for repair at the location specified by Bar Container. Under no circumstances shall the Hirer permit a repair to be carried out by a third party without the prior consent of Bar Container. Bar Container may or may not provide the Hirer with an equivalent replacement Hire Object in a timely manner. The cost of repair shall be borne by Bar Container except to the extent that Bar Container proves that the defect, shortage, or damage is attributable to the Hirer. In no event shall the Hirer be held liable for (i) any use of the Leased Object that contravenes what is expected of a good Hirer or (ii) acts or omissions of third parties for which Bar Container has no legal responsibility.
18.4 If the Tenant is unable to use the Leased Object for more than one (1) business day due to a defect, deficiency or damage to the Leased Object that is not (partly) attributable to the Tenant, the Tenant shall be entitled to a reduction of the rent in the sense that the Tenant shall not owe any rent for the days that the Tenant is unable to use the Leased Object after the said period.
18. 5 If (i) Bar Container has not remedied the defect, shortage or damage even after a written reminder from the Hirer to that effect, in which – taking into account the nature of the defect, shortage or damage, the labor available and the material available – a reasonable time for repair has been set, (ii) due to the nature of the defect, shortage or damage, the Lessee cannot reasonably be required to continue using the Leased Object, and (iii) Bar Container has not made available an equivalent replacement Leased Object, then the Lessee shall have the right to terminate the Lease. However, the Lessee shall not have the right to dissolve the Lease Agreement until it has, in Bar Container’s opinion, provided sufficient security for the payment of the repair costs, if Bar Container has requested this pursuant to the last sentence of paragraph 18.3.

19. Loss of or damage to the rental item

19.1 The Hirer shall report any total or partial loss (loss of control) or total or partial destruction of the Hire Object in a physical sense to Bar Container immediately upon discovery and, in addition, provide Bar Container with all necessary cooperation in connection with the loss or destruction. Loss or destruction shall also occur if the cost of repairing the damage suffered by the Hire Object exceeds, in Bar Container’s judgment, the market rental value of the Hire Object at that time.
19.2 Unless Bar Container provides an equivalent replacement Hire Object after notification of loss of or damage to the Hire Object, the Hire Agreement shall be terminated in the event of loss of or damage to the Hire Object. However, if in case of partial loss or partial deterioration of the Rental Object, the Tenant wishes to continue using the remaining portion of the Rental Object, the Rental Agreement will continue at a reduced fee. Unless the parties agree otherwise, the rental fee shall be reduced to the same extent that the fair rental value of the entire Rental Object has been reduced by the partial loss or partial deterioration.
19.3 If the loss or deterioration is due to a circumstance legally attributable to the Hirer, the damage suffered by Bar Container as a result shall be borne by the Hirer. In case of damage, such damage will be calculated on the basis of replacement value.

20. Return at the end of the lease term

20.1 Upon termination of the rental agreement, the Hirer shall inform Bar Container that the rented object is again at the disposal of Bar Container. Until the rented object is returned, the care of the rented object remains the responsibility of the Hirer.
20.2 Unless expressly agreed otherwise in writing, the Hirer shall return the Hired Object clean and – apart from the normal wear and tear of the Hired Object when the Hired Object is used in accordance with what is expected of a good Hirer – in its original condition to Bar Container by making the Hired Object available to Bar Container at the place where Bar Container has made the Hired Object available to the Hirer for the performance of the Lease Agreement. The Lessee shall make the Leased Object available no later than the day on which the Lease Agreement is terminated due to the expiration of the agreed rental period or for any other reason.
20.3 In addition, the Lessee shall return to Bar Container, in the manner and at the time described in Article 20.2, those parts of the Leased Object that have become vacant during the Lease Term, inter alia, as a result of maintenance performed by the Lessee.
20.4 Anything installed by or on the instruction of the Hirer in or on the Hired Object shall become the property of Bar Container, which shall owe the Hirer no compensation therefor and without prejudice to the right of Bar Container to remove at the Hirer’s expense anything which the Hirer has installed or ordered to be installed by the Hirer.
20.5 If the Hirer fails to make the Hired Item available at the place and on the date due to him, he shall be in default without any notice of default or warning from Bar Container being necessary. The Hirer shall thereupon incur a penalty in the amount, unless otherwise agreed, of three (3) % of the purchase price (excluding VAT) of an equal or equivalent Hired Item, for each time the Hirer fails to make the Hired Item available at the place and date applicable to it. In addition to the penalty, Bar Container shall be entitled to full compensation for all damages Bar Container suffers as a result of the Hirer’s breach of its obligation to make the Hire Object available at the place and time applicable to it. In addition, Bar Container shall have the right, and shall be expressly authorized by the Hirer, to enter the place where the Hire Object is located to take possession of it. Any expenses arising therefrom shall also be borne by the Hirer.
20.6 If, after return, the rented item is found damaged or has not been cleaned, the Hirer shall be liable for damages and costs incurred by Bar Container as a result. This last sentence applies unless the Hirer proves that the damage or lack of cleanliness is the result of circumstances for which the Hirer is not responsible.
20.7 The Hirer shall provide Bar Container with all necessary assistance to enable Bar Container to regain possession of the rented item.
20.8 If, after the return, it turns out that not only the rented object has been made available to Bar Container again, but also material that is not owned by Bar Container, Bar Container shall have the right to charge the Hirer for the additional costs (sorting) it has incurred as a result.

21. Lease termination

21.1 Bar Container shall have the right to terminate the Lease with immediate effect, without judicial intervention and without notice, if
(a) Lessee defaults on one or more of its obligations under the Lease Agreement or these terms and conditions;
(b) a payment moratorium or bankruptcy is filed against the Lessee;
(c) the Lessee’s property or part thereof is attached;
(d) the Lessee’s business is (substantially) closed, discontinued, or liquidated;
(e) the Lessee leaves (substantially) its premises or premises without written notice or abandons them apparently permanently;
(f) or any other circumstance occurs that would cause Bar Container to have reasonable doubt as to whether Lessee is performing its obligations under the Lease.
21.2 Bar Container shall not be liable for any damages as a result of the termination of the Lease under Section 21.1.
21.3 All costs resulting from the dissolution shall be borne by the Tenant. As a result of the dissolution, all existing claims of Bar Container will become due and payable.

22. Insurance

22.1 If Bar Container has insured the Hire Object against damage, destruction and loss, subject to the provisions of other sections of these General Conditions, the following shall apply:
(a) The Hirer shall take care of the Hire Object with due diligence;
(b) The Hirer shall immediately report any damage, destruction or loss of the Hire Object also in writing to Bar Container;
(c) The Hirer is obligated to indemnify Bar Container for any damage that Bar Container suffers as a result of damage, destruction and/or loss of the Hire Object, if and to the extent that the insurance taken out by Bar Container does not provide coverage, e.g. because of the deductible or because the damage, destruction and/or loss of the Hired Object is caused by gross negligence of the Hirer, because the Hirer failed to report the damage, destruction or loss to Bar Container in time, or because the sum insured is not sufficient to fully cover the damage as a result of the damage or loss of the Hired Object.

23. Joint and several liability

23.1 If the tenant consists of more than one (legal) person at any time during the term of the lease, each such (legal) person shall be jointly and severally liable to Bar Container for the obligations under the lease.

24. Transfer of rights and obligations

24.1 The Lessee may assign the rights or obligations under the lease to a third party only with the prior written consent of Bar Container. Bar Container may grant consent subject to conditions.
24.2 Bar Container has the right to transfer the ownership of the leased property as well as the rights and obligations under the lease agreement entered into with the Lessee to third parties. The Lessee expressly agrees in advance that the rights and obligations arising from the lease agreement and these general terms and conditions, as well as the ownership of the leased item, shall be transferred to third parties.

Bergschenhoek, February 2022

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