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GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF TELSMART EQUIPMENT 02/2025
Unless expressly agreed otherwise in writing, the rental of equipment by Telsmart/the lessor takes place under the following terms and conditions. Specific conditions relating to the rented equipment and/or the rental agreement take precedence over these general terms and conditions.
1. By signing the rental agreement, the customer/lessee acquires exclusively the right of enjoyment and use of the equipment in question, at the price and for the duration specified in the rental agreement.
2. Telsmart rents to the customer, who accepts, the equipment as described in the rental agreement or signed order form.
If the rental agreement is signed by several Lessees, they are jointly, severally and indivisibly bound to comply with all obligations arising from the rental agreement.
3. The equipment in question is intended exclusively for occupational/professional purposes and was acquired by Telsmart with the aim of being able to rent it to the customer. The equipment is chosen under the responsibility of the customer. Telsmart has the right to inspect the rented equipment after making an appointment with the customer.
4. The rented equipment is delivered by the supplier directly to the customer and is received by the customer at their own responsibility and expense.
Delivery, collection, placement and installation of the equipment take place at the customer's expense and risk.
All costs relating to the delivery, taxes, VAT and the like of the equipment are for the account of the customer. If Telsmart pre-finances these costs, it is entitled to pass them on to the customer.
5. Telsmart is entitled to make advance payments and payments as a result of or with a view to the purchase of the equipment, even if it has not yet been delivered to or received by the customer.
6. From the moment Telsmart makes an advance payment or payment to the supplier in relation to the equipment rented by the customer, Telsmart is entitled to begin invoicing the rent to the customer.
7. Upon delivery of the equipment, the customer signs, without any reservation, a report of acceptance or a delivery note from which it appears and is presumed that the delivered equipment is in impeccable condition and conforms to the content of the order form or rental agreement. The customer shall have the report of acceptance or the delivery note co-signed by the supplier and shall forward this document to Telsmart immediately after signing.
8. The signing of the report of acceptance or the delivery note by the customer implies that the latter has received and accepted the equipment and takes responsibility for it without any possibility of recourse against Telsmart.
9. The acceptance, as described above, results in the subrogation of the customer into all rights of Telsmart, in its recourse and claims against the supplier and/or the manufacturer and/or the carrier. The customer does not, however, have a claim for rescission of the purchase-sale, which belongs exclusively to Telsmart, since it is Telsmart that purchased the equipment in question from the supplier.
10. Any claim for rescission of the purchase-sale brought by Telsmart does not suspend the customer's obligations under this agreement.
11. The customer waives any recourse against Telsmart regarding the choice, the warranty and the conformity of the equipment.
12. Immediately after delivery of the equipment, the customer shall forward the report of acceptance or the delivery note to Telsmart.
13. Telsmart is not responsible for any non-delivery or late delivery of the equipment.
14. The customer acknowledges and accepts that this agreement may be terminated by simple notification by Telsmart by registered letter, where applicable also sent to the supplier, if the equipment has not been delivered in whole or in part or has not been duly received, or if for any reason whatsoever the agreement cannot be performed/commenced, including among others: in the event of late delivery, in the event of delivery of defective equipment, in the event the customer refuses to take receipt of the equipment or part of it, in the event of failure to deliver a conforming report of acceptance or delivery note, in the event of failure to send the report of acceptance or the delivery note within eight calendar days from the day of delivery.
15. The first rent payment is due on the day of delivery of the equipment. The subsequent rent payments are due according to the periodicities determined and agreed in the order form/rental agreement and are payable in advance.
16. All payments due under the agreement must normally be made by means of a European direct debit mandate (SEPA) on the customer's bank account, and the customer expressly accepts that this mandate may be used for all agreements concluded with Telsmart or the group of which Telsmart forms part.
17. Between the date of signing the order form and during the course of the rental, Telsmart has the right to revise the rent for the rented equipment and adjust it to the change in the cost of living. This price revision/adjustment will be calculated by applying the following formula:
New rent = Original rent * (Index-new / Index-old)
"Original rent" refers to the amount as agreed at the start of the agreement.
"Index-new" refers to the most recently published consumer price index for cost of living at the time of revision.
"Index-old" refers to the cost-of-living index as published at the time this rental contract commenced.
18. The revision/adjustment of the rent will take place on the first day of each year during the term of this agreement. The revision/adjustment of the rent takes place by simple notification to the customer.
19. Unless otherwise agreed in writing, the rent payments or the balance still owed on them are immediately due and payable on the date on which they are contractually owed, without any notice of default being required. By operation of law, without any notice of default being required, interest of 10.5% per year is due from the date on which the rent payments are due, with each month begun being considered as having elapsed.
20. No complaint or dispute, of whatever nature, suspends the obligation to pay the rent. Given the nature of the rental and Telsmart's investment in the equipment, the customer cannot claim any discount, reduction, set-off, suspension, termination, damages or other compensation in the event of total or partial loss of enjoyment of the equipment, even where the customer is wholly or partially unable to use the equipment as a result of theft, defect, destruction or any other fact whatsoever.
21. The customer undertakes to use the equipment as a prudent and reasonable person and for the purpose for which it is intended. The customer is required to comply with the legal provisions and regulations relating to the use of the equipment. The customer indemnifies Telsmart against any consequences of non-compliance with these legal and regulatory provisions. The customer must keep the equipment in perfect condition in accordance with the technical specifications. The customer bears the cost of maintenance and any repairs of the equipment.
22. Under no circumstances may the customer modify or adapt the substantial characteristics of the equipment.
23. The equipment is the exclusive property of Telsmart.
24. The transfer of the equipment by the customer, free of charge or against payment, as well as pledging it or encumbering it in whole or in part with a right in rem, charge or privilege, is prohibited and invalid.
25. Lending, subletting and transferring rights relating to the equipment by the customer is not permitted and not possible. The customer must, in all circumstances and at their own expense, do everything possible to make Telsmart's right of ownership known and have it respected. The customer undertakes to affix to the equipment, insofar as not already present, a clearly visible and legible plate stating the right of ownership as well as the name of Telsmart, for the entire duration of the rental contract. If the customer is not the owner of the immovable property where the equipment is located, or if during the term of this agreement the customer loses their status as owner, the customer undertakes to notify the owner of the immovable property by registered letter that the equipment does not belong to the customer and that it cannot be included in any privilege.
26. Any mortgage creditors must be notified in the same manner. The same notification must be made to the holder of the pledge on the business assets, of the agricultural privilege or of any other pledges on the entirety of the customer's assets. The customer must immediately inform Telsmart by registered letter in the event that: (i) a third party seizes the equipment in whole or in part or takes protective measures in respect of it. In that case, the customer must inform the third-party attaching creditor of the fact that the equipment is the property of Telsmart and safeguard Telsmart's rights; (ii) the equipment is involved in whole or in part in an accident with material and/or physical damage; (iii) the equipment has been stolen, damaged, destroyed in whole or in part, etc.
27. Unless this is inherent to the rented equipment, the customer is not permitted to move the equipment without Telsmart's written consent. Where applicable, any relocation must be carried out according to best practices, in accordance with the instructions of the manufacturer and/or supplier.
28. The customer accepts that Telsmart, for whatever reason, bears no responsibility whatsoever toward the customer or toward a third party in the event of loss or damage arising directly or indirectly from the equipment or its use, a defect in the equipment, a deficiency in its functioning or performance, an interruption in use, the quality of use, its suitability for the intended purpose, any loss of profit or losses suffered.
29. Telsmart provides no warranty whatsoever for the rented equipment.
30. It provides/can provide no warranty for any hidden defects, given that the customer is subrogated into all rights of Telsmart against the supplier of the equipment, with the exception of the right to rescission of the purchase-sale claim, which belongs exclusively to Telsmart in its relationship with the supplier of the equipment.
31. Responsibility toward third parties on account of the use of and supervision over the equipment is borne exclusively by the customer, even if the damage was caused by a defect in the object.
32. The customer must therefore, for any complaint, address themselves exclusively to the supplier and shall bring any legal action against the latter.
33. As a result of this subrogation, the customer indemnifies Telsmart against any recourse that might be exercised against it on account of the equipment, its method of construction, its possession or its use, as well as against any recourse relating to patents or licences.
34. If the equipment contains Software, only the use of the Software is rented. The customer shall comply with the standards of the owner of the intellectual rights and shall not make the Software available to third parties. The customer is required to use the Software in accordance with the applicable licences of the relevant supplier. If the customer disregards the licence conditions applicable to the rented Software, Telsmart, the owner or the licensor may cause the customer to cease any further use of the Software or suspend any further use. The customer acknowledges and accepts that Telsmart may also invoke against the customer all the defences, exonerations and any warranty limitations that the owner or licensor can invoke.
35. Unless otherwise agreed in writing, the customer is not permitted to sublicense the Software, grant third parties access to the Software or use the Software for purposes for which it is not intended.
36. Any defects or bugs in the Software can never give rise to non-payment of the rent, termination of the rental or compensation.
37. The terms of the rental agreement prevail at all times over any terms of use of the Software or the licence.
38. The customer does not have the right to suspend, cancel or prematurely terminate the agreement in the event of defects in the Software, even if these were to lead to a prohibition on its use for whatever reason.
39. The customer has no right of recourse against Telsmart in the event of a dispute over the right of use or the ownership of the Software, in particular in the event of an infringement of the rights of third parties (copying of a patent, infringement of copyright, etc.).
40. The return of the IT equipment implies that the customer undertakes to no longer use the Software and to destroy all permitted copies of the Software and/or delete them from their files.
41. Telsmart may terminate the agreement at any time without notice period, notice of default or any formality whatsoever, by simple notification to the customer by registered letter, in the following cases: – when the customer disregards their obligations arising from the rental agreement with Telsmart; – when the customer ceases their business activities, enters into a merger or goes into dissolution or liquidation; – when the customer stops paying, is under judicial reorganisation or has applied for protection against their creditors and, more generally, whenever the customer's solvency or financial situation has evolved in such a way that Telsmart fears for the further performance of the agreement; – when, on the part of the customer, there is a demerger, absorption, placing into liquidation or change in the shareholder structure of the company.
42. The agreement is deemed dissolved by operation of law at the expense of the customer on the date of the bankruptcy judgment in the event of the customer's bankruptcy, as well as in the event of the death of the natural person(s) where they are the sole lessee(s).
43. In all cases of termination or dissolution of the agreement at the expense of the customer, Telsmart is entitled, without any formality or authorisation, to take back the rented equipment and rent it out again or dispose of it or sell it.
44. The customer is required to cooperate in returning the equipment to Telsmart's possession, failing which the customer bears all harmful consequences of their non-cooperation and bears any costs of dismantling, packing and transporting the equipment.
45. In the above cases of termination, the customer owes, in addition to the unpaid rent due plus late-payment interest at 10.5% per year, fixed damages equal to the present value of all rent payments still to fall due under this agreement, plus the residual value of the equipment, any file costs, all of this after deduction of any sale proceeds of the equipment.
46. This agreement is of fixed duration and is not tacitly renewed. Upon expiry of the term, the customer has the option, subject to Telsmart's agreement, to rent the equipment again under conditions to be determined at that time.
47. After the expiry of the rental term, as well as upon termination of the agreement, the equipment must be returned immediately at the customer's expense to Telsmart's registered office or to any other place designated by Telsmart, both when the customer has opted for return and when Telsmart desires return. The equipment must be returned ready for use and in good condition. Damage exceeding normal wear and tear entitles Telsmart to compensation at the expense of the customer.
48. Telsmart is entitled to proceed with the delegation, pledging, transfer/assignment or subrogation of all or part of the rights or claims and/or obligations arising from this agreement, as well as with the sale or assignment of the equipment or part of it to a natural person or legal entity of its choice. The customer accepts any such transaction without reservation and undertakes, at Telsmart's first request, to sign all documents required for its administrative or legal regularisation where applicable. The customer undertakes to settle all amounts due to the beneficiary of the aforementioned transaction without any form of set-off, reduction, defence or counterclaim.
49. The customer, as custodian-holder of the equipment, is, from the delivery of the equipment, for the entire duration of the rental and until the return of the equipment, solely responsible toward any third party, including Telsmart, for all physical, material or non-material damage caused directly or indirectly by the equipment or on the occasion of its use, whatever the cause. The customer guarantees Telsmart against any recourse by third parties.
50. Until the return of the equipment, the customer alone is responsible for the risks of damage, theft, loss and partial or complete destruction of the equipment, whatever the reason, even in the case of accident or force majeure.
51. From delivery until the moment of return of the equipment, the customer is required to take out the following insurance policies: 1. a "civil liability" insurance in respect of the equipment or its use, for all damage caused to goods or persons; 2. Unless otherwise agreed, an insurance against all risks or material damage, fire or theft necessary for full coverage of the equipment at its replacement value, without this amount being lower than the sum of the rent payments to be made.
52. The civil liability insurance always remains the responsibility of the customer. The policies taken out by the customer must provide that the insurers waive any recourse against Telsmart and undertake to pay the compensation awarded for total loss and for theft to Telsmart.
53. The customer shall provide Telsmart annually, and for the first time on the date of delivery of the equipment, with: a certificate of insurance together with the receipt for the equipment. The customer shall immediately inform Telsmart of any termination, suspension or cancellation of the insurance agreement relating to the rented equipment.
54. The customer must inform Telsmart of any damage to or destruction of the equipment and of any accident in which it is involved. In the event of partial damage to the equipment, the customer is required to repair the damaged equipment at their own expense. During the repair of the equipment, the customer remains liable for the rent payments. The customer's obligation to repair the damage at their own expense is absolute and is thus not dependent on whether or not the insurers pay compensation to Telsmart. In the event of a total loss, the customer must pay the rent up to the date of the expert examination establishing the total loss. As soon as the expert examination concerning the total loss has been drawn up, the agreement will be terminated on the date of the loss event and the customer will immediately owe Telsmart the compensation for total loss, plus any unpaid rent due, any late-payment interest, the residual value, all of this after deduction of any sale proceeds of the equipment in accordance with art. 45. In the event of non-payment of the compensation on the due date, the outstanding balance of the agreement will be recorded as an unpaid invoice.
55. Telsmart does not undertake to provide any express or implied warranty that the equipment meets the customer's expectations or needs or that the rented equipment will operate faultlessly and without interruption.
56. Telsmart is only liable for fraud or gross negligence committed within the scope of its professional activities. Telsmart's total maximum cumulative liability is in all cases limited to the value of a rental term of 3 months.
57. The application of article 6.3 of the Civil Code is, insofar as legally permitted, excluded with respect to Telsmart and with respect to Telsmart's auxiliary persons, including its employees, directors and the self-employed service providers and the companies affiliated with it. Self-employed service providers within the meaning of this article means: the self-employed service providers who provide services for Telsmart on a lasting and day-to-day basis.
58. Under no circumstances is Telsmart liable for or required to compensate immaterial, indirect or consequential damage, including but not limited to, among others, loss of profit, loss of turnover, loss of data, commercial inactivity, loss of clientele or claims by third parties.
59. Any liability for damage on the part of Telsmart is excluded if this damage is the result, directly or indirectly, of the total or partial failure by the customer or their appointees to comply with the obligations arising from the rental agreement.
60. Any claim for damages lapses automatically and by operation of law if it has not been notified to Telsmart by registered mail within 10 days from the moment one became aware of the facts on which the claim is based.
61. This rental agreement contains the entire agreement of the parties; it cancels and replaces any earlier agreement concerning the same subject matter. It can only be amended by an agreement signed by the parties.
62. The parties accept that, if one or more provisions of these terms and conditions or parts thereof were to be void or unenforceable, this voidness or unenforceability does not affect this agreement or any other article, but shall be replaced by other valid clauses, so that the economic balance of the respective obligations between the parties is maintained.
63. No waiver or modification of Telsmart's rights is possible except by means of a written agreement. The non-exercise, whether in whole or in part, of a right or the lateness in exercising it can never be interpreted as or equated with a waiver, suspension or modification of any right whatsoever of Telsmart.
64. All obligations that the customer has toward Telsmart are considered as one and indivisible, even if they arise from different agreements. Telsmart thus has the right to terminate this agreement prematurely in the event of non-compliance with the obligations that the customer has entered into in other agreements concluded with Telsmart.
65. Telsmart recognises the importance of privacy and data protection and undertakes to comply with the applicable data protection legislation, including the General Data Protection Regulation (GDPR). Personal data is only collected, used and retained as required for the performance of the agreement with the customer and to comply with legal obligations.
The controller responsible for the processing of your personal data is Telsmart, with registered office at 8210 Zedelgem, Torhoutsesteenweg 236, and with company number 0554.665.992, hereinafter referred to as Telsmart.
The supervisory authority in Belgium is the Data Protection Authority: www.gegevensbeschermingsautoriteit.be.
This privacy statement is a general statement. Depending on the relationship between the parties or the services provided, additional privacy information may be provided.
Personal data is mainly used for the purposes of Telsmart's business activities, such as the performance of agreements with customers, suppliers and other service providers or third parties, for the purposes of its legitimate interests or compliance with reporting obligations provided for by law.
Personal data is, among other things, mainly used for the purpose of:
To process your personal data, we always rely on:
In order to serve you as well as possible and to fulfil the purposes of this Privacy Policy, your data may be transferred as follows:
In any case, your data will only be used in accordance with the purposes set out above.
As provided for in the GDPR, you have the right to:
The data collected is retained for as long as necessary to achieve the purposes described above or for as long as a legal basis allows us to process this data. Telsmart may amend this privacy statement at any time, for example in response to new regulations or adapted internal processes and purposes. Fundamental changes will be announced on the website.
66. All disputes, including those concerning payment, delivery or performance, that may arise between the customer and Telsmart are governed by Belgian law and will be submitted to the Enterprise Court of West Flanders, Bruges division.