General Conditions Rental
1. Subject of the agreement
These general conditions apply to the rental of vitalsys services and their accessories by Vitalsys. Vitalsys devices are defined as the enddevices that the customer can rent for an undefined period and that are originaly not to be used for connection on a domestic telephone switchboard Vitalsys rents the enddevice or the enddevices to the customer, as written in the agreement and /or invoice and guarantees the technical support of this device in agreemnet with the general conditions.
2. Starting date and duration of the agreement
The agreement is made for an indetermined period with a minimum period of two year. The agreement starts on the date of delivery of the device supplied by Vitalsys.
3. Alterations to the conditions of the agreement.
Vitalsys holds the right to change the agreement and commits itself to communicate the changes in advance to their customers. The customer has a timeframe of one month, starting from the moment of the effective date of the alteration, to apply the termination clause, defined in article 13.1.
4. Delivery - installation
The enddevice can either be picked up at a known dealer, or can be delivered at the expense of the customer. Normally, the enddevice is installed at the customer. If Vitalsys needs to install accesoires (electric outlet, bell,...), the installation costs and transportation cost are at the expense of the customer .
5. Technical support
5.1. As soon as the customer has discovered a malfuction, he needs to report this immediatly to Vitalsys.
If there is a malfunction of the enddevice, Vitalsys commits itself to resolve the problem or do the neccesary replacements and or repairs, as soon as possible. Only vitalsys can determine which repairs are neccesary to guarantee the proper function of the enddevice.
5.2. The technical support of Vitalsys takes place during normal working hours and is covered by the renting fee, as determined in article 6 of the general terms and conditions. On request, interventions outside the regular hours can be executed at the corresponding rates for work outside the working hours.
5.3. The customer may return the defective enddevice to a certified agent. Accordingly to the nature of the defect, the device can be fixed or replaced on-the-spot.
5.4. The technical support consist of the salary, spare parts and the transportation costs to and from the installation address.
5.5. The technical support covers in no case the repair of damage caused by abnormal use of the enddevice. The repair of damage due to moisture, damage by accident, overvoltage, lightning and all cases of circumstances beyond Vitalsys' control is at the expense of the customer .
6. Rental fee
The amount of rent is stated in the contract or on the invoice. All costs, including delivery and transportationcosts ,T.V.A. and all other taxes that are in effect on the moment of the billing, are chargeable to the customer.
7. Invoicing and payment
7.1. The rent must be bimonthly paid in advance by the customer , unless the customer has agreed with Vitalsys to a monthly payment .
7.2. The rent is indebted from the moment of availibility and is the subject of an invoice ,sent to the customer or to a third party apointed by the customer. The indication of a third party does not discharge the customer from his obbligation to pay if the third party does not pay the agreed amounts.
7.2. When there is a delay of payment of the rental fee, Vitalsys can by law and without a notice in advance demand the payment of delay interests, charged and calculated by the legal rate increased by 5%, with a minimum of 12%.
8. Propriety
The enddevice is the property of Vitalsys. The customer may not transfer it to a third party or give to others acces in any way to the device .
9. Liability
9.1. Only the customer is liable for risks like loss, theft and partial or complete destruction of the enddevice.
9.2. When the enddevice does not function or has a malfunction, Vitalsys is in no case liable for loss of production, lost of profits, loss of contracts or any other direct or moral prejudice sustained by the customer.
10. obligation of the customer
10.1. The customer is obliged to manage carefully and wisely the enddevice into agreement with the function of the device.
10.2. The customer confirms also that he will not do an intervention or repair on the enddevice on his own.
11. Transfer of the agreement
11.1. The customer may only transfer the agreement to a person who is domiciled or living at the same address.
The cedant and the person whom the agreement is transfered to, make a deal concerning the transfer and notify Vitalsys with both signatures.
11.2. If the customer dies, the agreement stays valid to the legacy of the customer, until the termination or transfer to an heir, a rightful claimant or a person domiciled or living on the same address as tha customer.
11.3. The transfer is free and the merger recieves all rights and obbligations that are the result of the agreement .
12. Option to buy
12.1. The customer has on any moment the right to buy the enddevice at the price that is in effect on that moment.
12.2. For such an enddevice, Vitalsys does not offer any guarantee, unless the purchase takes place within a period of twelve months after the device is first brought to service. When this is the case, a guarantee is granted until the end of the twelve months.
13. Termination
13.1. The customer can terminate the agreement at any moment after a minimumperiod of precancellation of 5 calendar days. The anouncement of this termination must be done by registred letter (send by the postage office), or personally at a cerified agent. The part of the rent that correspons with the period where the agreement is no longer applicable and that is paid in advance by the customer, will be refunded. If the termination is requested before the end of the minimum period of the agreement, the customer is obliged to pay a compensation payment of 50 % of the rent until the expiration date of the mimimum period.
13.2. If a party does not comply to her obligations, the other party is allowed by law to terminate the agreement. The termination will only be executed when the order remained without effect within 15 calendar days, counting from the date of notification and by means of a registered letter deliverd by the postal office.
14. Return of the enddevice
14.1. At the end of the agreement for what reason what so ever, the customer is obliged to return the enddevice to Vitalsys or a certified dealer within the period of 3 workdays.
14.2. If the enddevice forany reason what so ever is not returned within 3 workdays, the value of the enddevice is invoiced to the customer.
14.3.If the returned enddevice shows damage that is not covered by technical support, Vitalsys charges the customer for the calculated amount to repair the device.
15. Complaint filed at Vitalsys
When there are problems with the execution of the agreement, the customer is required to turn to the local service of Vitalsys. The address and the telephonenumber of this service is available on the information pages of the guides.
16.Appeal to a court
An appeal to a court is always possible with exception of the case of arbitrage where the mediater gives an arbitral verdict that is legally binding for both parties. Each dispute about the interpretation or the application of the agreement is under the exclusive jurisdiction of the ordinary belgian courts.
17. Applicable laws
The terms of this agreement are subject to the Belgian law.
