General conditions

GENERAL RENTAL CONDITIONS of Cam & Light Unit

1. Definitions and Applicability

1.1 Unless the context shows otherwise, any words and expressions which have been capitalized in these General Conditions are defined terms to which the following meaning is assigned:
“Article”: a provision of these General Conditions.
“Contract”: each rental contract between the Lessor and the Lessee with respect to the Goods and, if applicable, the Vehicle, which is concluded or has been concluded in accordance with Article 3.1.
“General Conditions”: the general rental conditions of Cam & Light Unit.
“Goods”: the movable goods that are to be rented out or, as the case may be, to be sold and delivered and/or, as the case may be, the services to be rendered by the Lessor to the Lessee in accordance with the Contract, including but not limited to professional film and video equipment with their appurtenances, lighting and light equipment with their appurtenances, packaging materials, restraint systems, generators and so on.
“Lessor”: the user of these General Conditions, being Cam & Light Unit, a one man business, located in (1096 AM) Amsterdam, the Netherlands, at H.J.E. Wenckebachweg 135.
“Lessee”: the potential counter party or counter party of the Lessor.
“Party”: the Lessee or, as the case may be, the Lessor. “Parties” shall mean the Lessee and the Lessor jointly.
“Vehicle”: one or more vehicles which are to be rented out by the Lessor to the Lessee pursuant to the Contract and with which the Goods are to be transported.
1.2 These General Conditions are applicable to all legal relationships of the Lessor acting as potential lessor or lessor of the Goods and, if applicable, the Vehicle.
1.3 The applicability of any general terms and conditions used by the Lessee are herewith explicitly rejected and these do not apply to the legal relationship with the Lessor. 1.4 Stipulations deviating from these General Conditions must be made in writing and signed by the Lessor and the Lessee.
1.5 If any provision of these General Conditions is invalid or unenforceable, in whole or in part, the other provisions of these General Conditions shall remain in full force and effect. The Lessor shall replace the provisions concerned with new provisions which approach the scope of the invalid or unenforceable provisions to the greatest extent possible.
1.6 Whenever “written” or “in writing” is used in these General Conditions, it shall also mean by email or any other electronic medium. Whenever “delivery” is used in these General Conditions, it shall mean the factual making available of the Goods and, if applicable, the Vehicle by the Lessor.
1.7 In the event of an inconsistency, conflict or interpretation issue in respect of the Dutch and English versions of these General Conditions, the Dutch version of the General Conditions shall prevail.

2. Offers

2.1 Offers made by the Lessor are without engagement, subject to early rental of the Goods, and, if applicable, the Vehicle and are valid for a period of 14 calendar days, unless stated otherwise in the offer. All amounts mentioned in the offer are in EURO (€) and exclusive of VAT. Any offer made by the Lessor shall be regarded as a new and separate offer which shall replace any previous offers made by the Lessor.
2.2 If the offer relates to Goods and, if applicable, to Vehicles which are rented out by the Lessor from third parties, the costs related thereto shall be charged to the Lessee.
2.3 Unless agreed otherwise in writing, all offers are based on the assumption that the Contract will be executed under normal labor conditions and during normal working days and working time. Whenever “working day” or “normal working days and working times” is used, it shall mean Monday up to and including Friday, with the exception of national holidays, from 08.30 up to and including 18.00 hours. If the Contract is not executed under normal labor conditions or conditions and/or under normal working days or time, the Lessee is obliged to pay any additional costs related thereto to the Lessor.

3. Conclusion of Contract

3.1 A contract between the Lessor and the Lessee is concluded, when: (i) the Lessor has accepted the Lessee’s assignment in writing or commences with the execution thereof, or (ii) the Lessee has accepted the Lessor’s offer in whole and signed it for agreement and returned it to the Lessor or accepted it by email or any other electronic medium (the Contract”).
3.2 The Lessor is deemed to be duly represented by an employee or a third party contracted by it who on behalf of the Lessee: (a) requests for an offer, or places an order with the Lessor and consequently has signed the offer provided by the Lessor for agreement and returned it to the Lessor or accepted it by email or any other electronic medium, or (b) picks up the Goods and accepts delivery thereof on behalf of the Lessee.
3.3 The Lessor is entitled to rent out alternative Goods of comparable or better quality to the Lessee, if the agreed Goods are not available prior to the performance of the Contract. 3.4 If the Lessor and the Lessee conclude a Contract for the first time, or if the Lessor deems it necessary, the Lessee is obliged to provide the Lessor in advance with a copy of a valid passport and driver’s license or a copy of a valid driver’s license and a identity card of the person who the Lessor has engaged in the receipt of the agreed Goods and, if applicable, the Vehicle on behalf of the Lessee.
3.5 The Lessee hereby explicitly releases its right to rescind or reject or invoke annulment on the basis of article 6:227b paragraphs 1, 4 and 5 of the Dutch Civil Code and article 6:227c paragraphs 2 and 5 of the Dutch Civil Code, if and to the extent that Lessee acts as a professional party.

4. Prices and Payment

4.1 All prices given in the offer by the Lessor are based on delivery Ex Works (the Lessor’s office address) (Incoterms 2010) and the price determination factors that apply at the time of the offer.
4.2 The Lessor may charge to the Lessee price increases, if the Lessor can make plausible that from the time of making of the offer and the time of performance of the Contract the price determining factors have increased as a result of unforeseen developments and/or circumstances that are not attributable to the Lessor.
4.3 Rental of the Goods and, if applicable, the Vehicle is concluded for a specified period in whole days. The price for the assignment of personnel by the Lessor shall be charged retrospectively, based pre-agreed hourly rates. The price of consumables that are related to and have been delivered with the Goods shall be charged retrospectively.
4.4 All prices charged by the Lessor are in EURO (€) and exclusive of VAT, other taxes, costs for shipping, insurance premiums, installation, energy, communication, cleaning, transport, storage, couriers and travel and subsistence expenses.
4.5 Invoices must have been paid within 14 calendar days after invoice date. In the event of any payment becoming overdue, the Lessee is obliged to pay the outstanding amount and statutory interest increased with 1.5 % per month over such outstanding amount until such date that payment in full has been received by the Lessor, without prejudice to any other rights or remedies the Lessor may have and without a prior written notice of default having to be served. Any unpaid invoices become immediately due and payable and all consequences of non-performance shall become due, effective and/or payable. In the event of non- or late payment, any discounts granted to the Lessee will lapse. In such case, the Lessee is obliged to pay the full price, including the interests due pursuant to this Article 4.5.
4.6 All extra judicial costs, explicitly including costs incurred in respect of drafting and sending demands for payments, conducting settlement negotiations and other acts in preparation of potential legal proceedings, as well as all judicial costs which the Lessor reasonably incurs as a result of the Lessee’s non-performance shall be borne by the Lessee. 4.7 Payments by the Lessee shall be deemed to have been made first to settle the costs referred to in Article 4.6, subsequently to settle the interest due and shall then be charged to that part of the principal amount indicated by the Lessor, irrespective of indications made by the Lessee.
4.8 The Lessor shall be free to request payment of a security deposit from the Lessee for the rental of the Goods and, if applicable, the Vehicle. The security deposit is security for the performance by the Lessee of its obligations under the Contract. The security deposit shall be paid to the Lessor ultimately 3 calendar days prior to the date of delivery of the Goods and, if applicable, the Vehicle.
4.9 The Lessor reserves the right to demand advance payment.

5. Use of the Goods and Production insurance policy

5.1 The Lessor shall use its reasonable commercial efforts to deliver the Goods and, if applicable, the Vehicle to be rented out and/or delivered on the agreed date and time.
5.2 The times for rental or delivery indicated by the Lessor will only serve as an estimate and are not of the essence, unless explicitly agreed otherwise in writing. In case the Lessor cannot timely perform its obligations under the Contract, the Lessor shall give notice hereof to the Lessee as soon as possible. The Lessor shall not be in default until the Lessor is given a written notice of default by the Lessee after the agreed time for delivery has lapsed and the Lessor has been granted a reasonable time for delivery to fulfill its obligations which has also lapsed without the Lessor having fulfilled its obligations. All times indicated by the Lessor will only commence on the moment that all necessary information has been provided to the Lessor and all payments have been received by the Lessor that had to be paid on commencement of the Contract.
5.3 If the performance of the Contract needs to take place within a shorter period than the agreed period upon the Lessee’s request, all related extra costs shall be for the Lessee’s account. The Lessor shall provide the Lessee with a payment specification.
5.4 Costs caused by the Lessee’s actions, such as the untimely receipt or return of the Goods and, if applicable, the Vehicle shall also be for the Lessee’s account.
5.5 The Lessor is entitled to sub-contract the performance of the Contract, in whole or in part, to third parties and to involve third parties in the performance of the Contract and may invoke any limitations of liability of these third parties against the Lessee at any time.
5.6 The Lessee is obliged to test the Goods and, if applicable, the Vehicle that are rented out pursuant to the Contract prior to the envisaged/indicated date of performance of the Contract. The testing can take place in the Lessor’s office or elsewhere on a location that is agreed upon in advance. delivery of the Goods and, if applicable, the Vehicle takes place after the Lessee has approved the Goods and, if applicable, the Vehicle.
5.7 The Lessor is not obliged to make inquiries about the intended use of the Goods or the circumstances in which the Goods will be used. The Lessee is obliged to inform the Lessor about the intended use of the Goods and the circumstances in which the Goods will be used.
5.8 The Lessee is not entitled to: (a) use the Goods and, if applicable, the Vehicle for another purpose or destination and/or location than the agreed purpose, destination and/or location, (b) to rent out the Goods and, if applicable, the Vehicle to third parties or let third parties use the Goods and, if applicable, the Vehicle, other than in the normal course of its business and with the Lessor’s prior consent and (c) to pledge, otherwise encumber, or dispose of the Goods and. if applicable, the Vehicle.
5.9 The Lessee is not entitled to transfer or assign its rights and/or obligations under the Contract to third parties.
5.10 The Lessee is obliged to use the Goods and, if applicable, the Vehicle carefully and in accordance with the Lessor’s instructions. The Lessor is entitled to inspect and maintain the Goods and, if applicable, the Vehicle at all times. The Lessee may not carry out repairs or have repairs carried out in respect of the Goods and, if applicable, the Vehicle.
5.11 Ultimately on the agreed date and time of return the Lessor is obliged to return and deliver the Goods and, if applicable, the Vehicle in the original, good condition during office hours at the Lessor’s office address or another agreed place or time.
5.12 In case the Lessee fails to fulfill one or more of its obligations under the Contract, the Lessor has the right to repossess the rented out Goods and, if applicable, the rented out Vehicle. The Lessee hereby irrevocably authorizes the Lessor to enter those premises where the relevant Goods and, if applicable, the Vehicle are situated. All costs made by the Lessor relating to the repossession of the Goods and, if applicable, the Vehicle rented out to the Lessee shall be borne by the Lessee.
5.13 The Lessee is obliged to take out a production insurance policy for the duration of the rental period of the Goods. Upon the Lessor’s first request, the Lessee shall provide the Lessor with a copy of the relevant production insurance policy and the applicable insurance policy conditions.

6. Delivery, Transport of the Goods and Insurance policies, Liability of the Lessee

6.1 Delivery of the Goods and, if applicable, the Vehicle shall be on the basis of delivery Ex Works (the Lessor’s office address) (Incoterms 2010), unless explicitly agreed otherwise. 6.2 The Goods may only be transported in a means of transport prescribed by the Lessor and in a manner required by the Lessor. The Lessee is obliged to arrange for the transport of the Goods and related formalities at its own risk and expense. The Lessee is obliged to properly load the means of transport it uses and to adhere to the laws, rules and regulations that apply to the transport and loading of the Goods. The Lessee shall be liable for all damage and risks that may occur or arise during transport to the means of transport and the Goods as a result of the transport.
6.3 If it has been agreed that delivery of the Goods and, if applicable, the Vehicle shall be on the basis of another mode of delivery than Ex Works (Incoterms 2010), the Lessee shall procure that a person shall be present at the delivery address indicated by the Lessee on working and weekend days on agreed times in order to accept delivery of the Goods and, if applicable, the Vehicle, failing which the Lessor is entitled to charge extra delivery and/or storage costs.
6.4 If it has been agreed that the Goods and, if applicable, the Vehicle shall be picked up by the Lessor in stead of returned by the Lessee, the Lessee shall procure that a person shall be present at the delivery address indicated by the Lessee on the agreed date and time in order to return the Goods and, if applicable, the Vehicle to the Lessor, failing which the Lessor is entitled to charge the Lessee with the costs incurred as a result of thereof.
6.5 The Lessee guarantees that the person who is engaged by the Lessee to drive the means of transport is at all times in the possession of a correct and valid (Dutch) driver’s license that is suitable for driving the means of transport prescribed by the Lessor and/or the Vehicle rented out to the Lessee.
6.6 Vehicles rented out to the Lessee by the Lessor shall be free of costs for the first 100 km, excluding fuel costs.
6.7 During the agreed rental period and up to and including the moment the Goods and, if applicable, the Vehicle have been returned to the Lessor in their original and good condition, the Lessee shall be liable, irrespective of the legal basis for a claim, for damage, the missing, theft, loss, disposal and/or destruction of the Goods and, if applicable, the Vehicle as well as for compensation of all damage that is caused by or with the Vehicle and/or, as the case may be, the Goods as well as all costs the Lessee incurs as a result of the foregoing, irrespective of the fact when the damage is discovered by the Lessee.
6.8 If the Lessee has rented a Vehicle from the Lessor, the Lessee shall take out insurance in respect of the Vehicle against statutory liability.
6.9 The Lessee is obliged to properly lock the Vehicle and/or the Vehicle including the Goods at all times and to place or have placed the Vehicle in a properly locked and secured area after working hours.
6.10 If during the agreed rental period the Vehicle and/or the Goods is/are damaged or stolen, lost, disposed of or missing, the Lessee shall pay at any rate the applicable deductible in respect of the Vehicle, being €2,500 per event.
6.11 The Lessee shall be liable, irrespective of the legal basis for a claim, for all damages caused during the rental period by or with the Vehicle and/or the Goods to the Lessee’ s property and/or its personnel and/or to third parties and/or to goods of third parties.
6.12 During the agreed rental period the Lessee shall insure the Goods against risk of damage, fire and theft, provided that the transport and use of the Goods takes place within Europe. If the transport and use of the Goods is to take place to or on a destination outside Europe, the related extra insurance costs shall be at the Lessee’s risk and expense.
6.13 The Lessor is not obliged to exercise its rights under one or more of its the insurance policies. If the Lessor exercises its rights under one or more of its insurance policies and the payment made by the respective insurer or insurers does not fully satisfy the claim or resulting liability in the matter concerned, the Lessee is obliged to compensate the Lessor for that part of the damage to the Vehicle and/or the Goods that is not paid out under the respective insurance policies of the Lessor.
6.14 In case of the gone missing, loss, theft or disposal of the Vehicle and/or the Goods rented out to the Lessee, the Lessee is obliged to report this to the police and provide the Lessor with a copy of the proof of reporting. In the event that the Lessee fails to meet this obligation, all costs which the Lessor incurs in connection with said theft, loss, disposal or the gone missing shall be at the Lessee’s risk and expense.
6.15 The Lessee shall be liable for all damages and costs that the Lessor incurs as a result of the gone missing, loss, theft, disposal or illegal use of keys and/or tags, which have been provided by the Lessor to one or more of the Lessee’s employees or third parties engaged by the Lessee and give access to the Lessor’s business premises. The Lessee is obliged to obligate the persons referred to in this Article 6.15 to immediately report the gone missing, loss, theft or disposal of keys and/or tags to the Lessor in writing.

7. Complaints

7.1 Complaints with respect to the Goods and, if applicable, the Vehicle rented out to the Lessee or sent invoices must be submitted to the Lessor in writing as soon as possible, but ultimately within 24 hours after the receipt of the relevant Goods and, if applicable, the Vehicle, or immediately after the defect has been discovered or, as the case may be, immediately after the receipt of the invoice. Complaints made by the Lessee do not suspend its payment obligations towards the Lessor.
7.2 If the Lessee has timely and properly submitted its complaint to the Lessor and it appears that the Goods and, if applicable, the Vehicle do not conform to the Contract, the Lessor shall, at its election, repair or replace the Goods and, if applicable, the Vehicle, subject to the return of the relevant Goods and, if applicable, the Vehicle by the Lessee, or, as the case may be, correct the relevant invoice and send a credit note.
7.3 Any claim of the Lessee based upon facts that would justify the claim that the Goods and/or, if applicable, the Vehicle rented out to the Lessee do not conform to the Contract, expires 3 calendar months after the date of delivery of the relevant Goods to the Lessee.

8. Liability of the Lessor

8.1 The Lessor’s liability is, irrespective of the legal basis for a claim, limited to the invoice amount owed by the Lessee in respect of the rented out Goods that have caused the damage suffered by the Lessee.
8.2 The Lessor shall, irrespective of the legal basis for a claim, not be liable for consequential losses or damages, whether suffered directly or indirectly. Consequential losses or damages shall include but not be limited to: loss of profits, loss of revenue, loss of data, loss of contracts, incurred losses, incurred costs and expenses, non-recouped investments, late deliveries, costs of performing product recall measures and/or product recalls, lost assignments, loss of savings, losses caused by disruption or stoppage of the production and/or the business, delays in or the cancellation of a production and so on.
8.3 The Lessor shall, irrespective of the legal basis for a claim, not be liable for theft, destruction, loss of or damage to the properties of the Lessee, the Lessee’s employees, third parties engaged by the Lessee or public admitted by the Lessee.
8.4 The Lessor shall, irrespective of the legal basis for a claim, not be liable for the destruction or loss of or damage to sound and/or image and/or data carriers and the materials recorded thereon.
8.5 The Lessor shall, irrespective of the legal basis for a claim, not be liable for damage that arises as a result or as a consequence of the non-functioning, not properly functioning or the quality of internet, data, communication, video and/or sound connections, irrespective of whether these must be realized by the Lessor or third parties.
8.6 The Lessor shall, irrespective of the legal basis for a claim, not be liable for the quality and continuity of gas, water and electricity supplies.
8.7 The Lessor shall, irrespective of the legal basis for a claim, not be liable for damages caused by gross negligence or wilful intent of its employees (“ondergeschikten”) and/or its agents (“niet-ondergeschikten”) for which it can be held liable by law.
8.8 The Lessor stipulates all legal and contractual defenses that it can invoke in respect of its liability towards the Lessee also for the benefit of its employees and agents and all persons or legal entities involved in the performance of the Contract.
8.9 The limitation of liability as referred to in Article 8.1 does not apply if and to the extent that the Lessor’s liability for damages is insured under any of the Lessor’s insurance policies and the relevant insurer pays out. In that case the Lessor shall only be liable to compensate for any damages to the extent such damages are covered by the insurance policy concerned, subject to the applicable insurance policy conditions. The Lessor is not obliged to exercise its rights under its insurance policy. The provisions of Articles 8.2 up to and including article 8.8 shall remain in full force and effect.
8.10 The limitations of liability as referred to in Articles 8.1 up to and including 8.7, Article 8.9 and other provisions of these General Conditions shall not affect the Lessor’s liability based on mandatory applicable law. The Lessor shall not invoke the limitation of liability as referred to in Articles 8.1 up to and including 8.7, Article 8.9 and other provisions of these General Conditions in the event of willful recklessness or willful intent on the part of the Lessor and/or employees belonging to the Lessor’s management.

9. Termination of Contract and Force Majeure

9.1 If: (a) a Party fails to comply with one or more of its obligations under the Contract, (b) a suspension of payments is granted to a Party, (c) a Party is declared bankrupt, (d) any arrangements with a Party’s creditors are made by a Party, (e) steps are taken by a Party with a view to the general readjustment or rescheduling of its debts, (f) a Party otherwise loses or is limited in its control over its assets, (g) a Party’s business is discontinued or relocated abroad, (h) a Party is liquidated or wound up, (i) a Party merges or splits up, or a decision is taken in that respect, (j) with respect to a Party a change occurs in the persons or legal entities that control the board and the policy of that Party through ownership of voting shares, contract or otherwise, the other Party is entitled to terminate the Contract with immediate effect or to rescind the Contract, in whole or in part, and/or to suspend the further performance of its obligations under the Contract, all such without prejudice to any other rights or remedies this other Party may have and without any compensation being due by this other Party.
9.2 If a Party cannot properly perform its obligations as a result of one or more circumstances which are beyond that Party’s reasonable control and which are comprehensively enumerated in Article 9.3 and which render the performance of one or more of its obligations by this Party impossible, in whole or in part, the other Party is entitled to terminate the Contract with immediate effect or to rescind the Contract, in whole or in part, all such without prejudice to any other rights or remedies this other Party may have and without any compensation being due by this other Party.
9.3 The following comprehensive circumstances are regarded as being beyond the reasonable control of the Party affected thereby and qualify as force majeure: governmental regulations or orders which prohibit or restrict the use of the rented out Goods, limitations/prohibitions of in- and/or export, non-performance by suppliers or transport undertakings of their obligations, nature and/or nuclear disasters, war, and/or threats of war, terrorist activities and/or threats of terrorism.

10. Indemnity

The Lessor shall indemnify and hold harmless the Lessor and personnel assigned by the Lessor from and against all claims made by third parties against the Lessor and/or said personnel that: (a) relate to or are a consequence of the performance of the Contract and/or (b) relate to the Goods rented out in accordance therewith and/or (c) are based on a breach or an alleged breach of intellectual property or other rights of third parties.

11. Confidentiality

Each Party undertakes that it will not at any time disclose or use any confidential information concerning the Contract, any and all offers, confirmations of assignment and orders, or concerning the business and affairs of the other Party, for any other purpose than performing the Contract(s), except: (a) to the extent required by applicable law or by any competent authority, or (b) to its professional advisers subject to a duty of confidentiality and only to the extent necessary for any lawful purpose, or (c) to the extent that at the date hereof or hereafter such information is or shall become public knowledge, otherwise than through unlawful disclosure by any person of which that person at the time of disclosure was or could reasonably have been aware that it was unlawful. Confidential information shall comprise but not be limited to: price lists, customer data, know-how, specifications and all other information, written or verbal, whether or not contained in data carriers, received by the Lessee from the Lessor.

12. Option

The Lessee is entitled to request the Lessor to grant it an option to rent with respect to the Goods and, if applicable, the Vehicle to be rented out to the Lessee. Options are not transferable. The Lessor is entitled to request the Lessee at all times to inform the Lessor within 1 hour after the granting of the option whether or not an option will be converted into a definitive Contract. If the Lessee has failed to inform the Lessor with 1 hour after the option has been granted in writing or verbally that it will exercise its option, the option will expire.

13. Cancellation

13.1 Cancellation of a Contract by the Lessee is only possible if this happens in writing and before the commencement of the execution of the Contract.
13.2 In case of cancellation the Lessee shall compensate the Lessor for the preparation costs and/or costs made in connection with third parties the Lessor has incurred.
13.3 A Contract cannot be cancelled by the Lessee free of charge. If cancellation takes place 7 calendar days or more prior to the date of commencement of the Contract, the Lessee shall pay a compensation equal to 75% of the agreed rent. If cancellation takes place less than 7 calendar days prior to the date of commencement of the Contract, the Lessee shall pay a compensation equal to 100% of the agreed rent.
13.4 The Lessor is entitled to cancel a Contract in writing, in whole or in part, in the event that circumstances of such a nature occur that performance of the Contract by the Lessor cannot reasonably be expected from the Lessor, or performance by the Lessor will trigger criminal and/or other legal risks. In such case, the Lessor shall not be obliged to compensate for damages and/or costs.

14. Assignment of Personnel

14.1 The assignment of personnel by the Lessor shall be on the basis of an agreed hourly rate with a minimum of 6 hours and a maximum of 10 hours per working day, whereby the statutory rules for breaks and rest periods shall be taken into account.
14.2 The assignment of personnel commences the moment a staff member of the Lessor or a third party engaged by the Lessor commences with the agreed services, whereby travel time, time for preparation, packing, subsequent control and unpacking shall be regarded as the rendering of services.
14.3 If the Lessee wishes to hire the Lessor’s personnel for a longer period than agreed, the Lessee shall fully compensate these hours. Final settlement shall be on the basis of subsequent calculation.

15. Ownership

15.1 The Lessee acknowledges and respects that the Lessor is and shall remain the owner of the Goods and, if applicable, the Vehicle.
15.2 The Lessee is obliged to notify third parties, including but not limited to its clients and the parties that own the location where the Goods are used, in a clear and timely manner in writing, meaning ultimately the moment the Goods are to be used, that the Goods: (a) are owned by the Lessor, (b) have been made available to the Lessee on a temporary basis and as a temporary device and (c) from the end of the use of the Goods on the aforementioned location need to be removed and to be returned to the Lessor. The Lessee is obliged to provide the Lessor with a copy of said notifications upon the Lessor’s first request. The Lessee is not permitted to remove the Lessor’s mark from the Goods, which shows the Lessor’s ownership to third parties in a clear manner.
15.3 The Lessee shall notify the Lessor immediately if third parties exercise rights with respect to the Goods owned by the Lessor, or if the Lessee becomes aware of third parties intending to do so.

16. Applicable law and Competent court/Arbitration

16.1 Dutch law shall be applicable to all legal relationships between the Parties, with the exception of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (1980).
16.2 If the Lessee has its registered office within the European Union, the competent court in Amsterdam, the Netherlands has exclusive jurisdiction in first instance to settle all disputes arising between the Parties under or in connection with the Contract or the performance of the Contract as well as any disputes regarding these General Conditions. The Lessor reserves the right to elect the competent court of the Lessee’s domicile.
16.3 If the Lessee has its registered office outside the European Union, all disputes arising between the Parties under or in connection with the Contract or the performance of the Contract as well as any disputes regarding these General Conditions shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (“NAI”), as then in force. The arbitral tribunal shall consist of 1 arbitrator in the event that the amount of the dispute is less than €250,000 (two hundred and fifty thousand euro) and of 3 arbitrators in the event that the amount of the dispute is €250,000 (two hundred and fifty thousand euro) or more, unless the Parties agree in writing on a single arbitrator on such occasion (“Arbitration Tribunal”). The Arbitration Tribunal shall decide in accordance with the rules of law. The place of arbitration shall be a mutually agreeable place in Amsterdam, the Netherlands and the arbitration shall be conducted in English.