GENERAL LEASE CONDITIONS OF FABER AUDIOVISUALS B.V.
Article 1 – Definitions
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.
General Conditions: these general lease conditions of Faber Audiovisuals B.V.
Equipment: the movable goods that are to be leased by Faber to Lessee in accordance with the Contract on a temporary basis and as a temporary device, being lighting, sound, video and LED equipment, together with all auxiliary materials and accessories.
Faber: Faber Audiovisuals B.V., having its corporate seat and principal office in (9076 PH) St.-Annaparochie, at Hemmemaweg 22, together with any of its group companies as referred to in article 2:24b of the Dutch Civil Code, if and to the extent that such group companies use these General Conditions.
Lessee: the potential counter party or counter party of Faber.
Venue: the agreed venue or venues where the Equipment is to be used by Lessee on a temporary basis and as a temporary device.
Contract: each lease between Faber and Lessee with respect to the Equipment and/or the provision of certain services by Faber with respect to the Equipment, such as the installation, assembly, operation, maintenance and/or disassembly of the Equipment, which is concluded or has been concluded in accordance with Article 3.4.
Party: Lessee or, as the case may be, Faber. Parties shall mean Lessee and Faber jointly.
Article 2 – Applicability
2.1 THE APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS USED OR REFERRED TO BY LESSEE IS HEREWITH EXPLICITLY REJECTED AND THESE DO NOT APPLY TO THE LEGAL RELATIONSHIP WITH FABER.
2.2 These General Conditions are applicable to all legal relationships of Faber acting as potential lessor or lessor of the Equipment and/or provider of services with respect to the Equipment.
2.3 Stipulations deviating from these General Conditions must be made in writing and signed by Faber and Lessee.
2.4 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.
2.5 Whenever “written” or “in writing” is used in these General Conditions it shall also mean by fax, email, internet or any other electronic medium. Whenever “delivery” is used in these General Conditions it shall mean the factual making available of the Equipment by Faber.
Article 3 – Conclusion of Contract
3.1 Offers made by Faber are without engagement, subject to early lease or sale of the Equipment. Any offer made by Faber shall be regarded as a new and separate offer which shall replace any previous offers made by Faber.
3.2 Unless agreed otherwise in writing, all of Faber’s offers are based on the assumption that the Contract will be executed under normal labor conditions and during normal working time. If the Contract is not executed under normal labor conditions and conditions and/or under normal working time, Lessee is obliged to pay any additional costs related thereto, including extra hours worked and waiting time, to Faber.
3.3 Faber may terminate its negotiations with Lessee at any time without giving reasons and without having to pay any compensation whatsoever to Lessee.
3.4 A lease between Faber and Lessee is concluded: (i) if Parties sign the lease drafted by Faber, or (ii) Faber has accepted Lessee’s assignment in writing, or (iii) if Lessee has accepted and confirmed Faber’s offer in writing and Faber reconfirms Lessee’s acceptance and confirmation in writing by sending a confirmation of the assignment (the Contract”).
3.5 All further instructions to be given by Lessee to Faber with respect to the performance of the Contract shall be given in writing by Lessee. If Faber receives verbal instructions from Lessee, Faber shall confirm this instruction in writing to Lessee after having received the instruction. 2
Faber shall not be liable for the consequences of inconsistencies or misunderstandings that may result from verbal instructions given by Lessee.
3.6 Faber is entitled to lease alternative Equipment of comparable or better quality to Lessee, if the agreed Equipment is not available prior to the performance of the Contract.
3.7 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.
Article 4 – Obligations of Parties
4.1 Faber is obliged to make the agreed Equipment available to Lessee in good condition and in accordance with the agreed specifications and measures and, where necessary, weight, as referred to in the Contract.
4.2 Unless agreed otherwise in writing, Faber shall make the Equipment available to Lessee by delivery of the Equipment at the agreed Venue. Lessee is obliged to indicate where the Equipment must be unloaded. From the end of the event Lessee is obliged to indicate where the Equipment must be loaded. Faber is, irrespective of the legal basis for a claim, not liable to compensate for damage that may arise as a result of Faber’s following Lessee’s instructions regarding loading and/or unloading of the Equipment closely.
4.3 In case of an outdoor event, Lessee is obliged to ensure that the conditions of the premises are safe and accessible. If the delivery, loading and/or unloading of the Equipment and/or the removal of the Equipment as a result of the conditions of the premises is not possible or delayed on the agreed date, Lessee shall pay Faber any extra costs incurred by Faber as a result thereof. The provisions of Article 4.2 shall apply equally. Faber shall, irrespective of the legal basis for a claim, not be liable to compensate for damage that may occur to roads, paths or soil at the Venue or, as the case may be, on or near the location where the Equipment is situated within the Venue, regardless whether such premises may be regarded as private or public premises, as a result of the closely following of Lessee’s instructions with respect to the loading and/or unloading of the Equipment and/or the entering or leaving of the premises.
4.4 Lessee is obliged to pay the agreed rent and any agreed fees timely and to comply with the other provisions of these General Conditions.
4.5 Lessee is obliged to behave himself as a good lessee of the Equipment and to use the Equipment in a careful and competent manner. Lessee is obliged to notify third parties, including but not limited to his clients, the parties that own or are responsible for the event in question as well as third parties that have been engaged by Lessee to assemble and disassemble the event, in a clear and timely manner in writing, meaning ultimately the moment the Equipment is to be used, that the Equipment: (a) is owned by Faber, (b) has been made available to Lessee on a temporary basis and as a temporary device and (c) from the end of the event needs to be removed (by Faber) and to be returned to Faber.
4.6 Lessee is responsible for and shall ensure that it has all authorizations, licenses and other approvals that are required for the organization of the event in question as well as for the use of the Equipment.
4.7 Lessee is obliged to timely make an uninterrupted power supply available to Faber at no cost to Faber whenever Faber deems this necessary for the Equipment. At Faber’s first request, Lessee is obliged to provide as much lighting as necessary to work safely (at night).
4.8 Prior to the performance of the Contract by Faber, Lessee is obliged to instruct Faber where the Equipment must be installed.
4.9 Lessee is responsible for a timely provision of the services of third parties that need to be provided prior to the installation and assembly of the Equipment in order to give Faber sufficient time to perform the services agreed with Lessee. Faber is entitled to charge Lessee for waiting time if such third party services have not been timely provided.
4.10 Changes in the agreed services and/or in respect of the Equipment that have been made upon Lessee’s request, shall be confirmed by Faber in writing. If such changes lead to delays, additional work and/or extra costs on the part of Faber, then all costs related to the foregoing shall be for Lessee’s cost and expense.
Article 5 – Lease period
The Contract is entered into for the lease period as referred to in the Contract and commences on the date of delivery of the Equipment. 3
Article 6 – Rent en fees
6.1 The agreed rent is exclusive of VAT. Faber’s relevant offer and confirmation of assignment shall specify which costs made by Faber, such as cost for insurance, transport, loading and unloading, are included in the rent and which are not.
6.2 If the Equipment cannot be picked up by Lessee or delivered to Lessee on the agreed date of delivery as a result of Lessee’s act or omission or a circumstance on the part of Lessee, Lessee shall pay the rent owed as of the effective date of the Contract, unless explicitly agreed otherwise in writing.
Article 7 – Use of Equipment
7.1 Lessee shall closely follow Faber’s advices in respect of the positioning of the Equipment.
7.2 If the Contract provides that Faber cannot perform the installation, disassembly, maintenance and/or operation of the Equipment on certain specific dates, then Lessee may not use the Equipment without Faber’s written and explicit consent.
7.3 Lessee is obliged to take all necessary measures in order to fully protect the Equipment during the lease period against vandalism, theft, loss and other risks. Lessee is obliged to protect the Equipment, the premises, the Venue and the location where the Equipment is situated, which means amongst others that third parties shall not have unauthorized access to the Equipment.
7.4 The Equipment may only be used at the Venue. If after the date of delivery or at any time during the lease period the Equipment is not present at the Venue or has been or is being moved to another venue, Faber is entitled to end the Contract in writing with immediate effect, either by rescission, in whole or in part, or by termination.
7.5 Without Faber’s explicit consent Lessee is not permitted to: (i) open the housing/packaging of the Equipment or any part thereof and/or (ii) move and/or operate the Equipment.
7.6 If the Equipment is situated at the Venue in a vehicle containing the control room, then Lessee, its employees, subcontractors and/or representatives is/are not permitted to enter the control room in the vehicle, and/or the vehicle itself, unless one of Faber’s crew members has given an invitation to that effect and accompanies any invitees and provided that all of Faber’s safety procedures are strictly adhered to.
7.7 Lessee is obliged to enable Faber and Faber’s personnel to access and leave the Venue at all times in connection with, as the case may be, the assembly, installation, operation, maintenance, disassembly and/or removal (from the Venue) of the Equipment. Lessee shall provide Faber with a sufficient number and continuous admission tickets in relation thereto.
7.8 Lessee is responsible for the making available and the contents of the audiovisual transmission material that must be shown and transmitted via the Equipment. Lessee shall indemnify Faber and hold Faber harmless from and against any and all claims from third parties that are based on the allegation that the transmission of the transmission material and/or the transmission material itself infringes on their (intellectual property) rights and/or does not comply with applicable laws and/or regulations. If and when necessary, Lessee is obliged to obtain, at Lessee’s cost and expense, all necessary authorizations, licenses and consents in order to show and transmit all transmission material via the Equipment. It is recommended that Lessee does not use original material in the Equipment or in connection with the use of the Equipment without having made a backup copy first. Faber shall, irrespective of the legal basis for a claim, not be liable for any loss of or damage to transmission material, whether original or not.
Article 8 – Insurance
8.1 As of the date of delivery of the Equipment and during the lease period Lessee is obliged to take out the following insurance policies with a renowned insurance company and remain insured: (a) an event insurance and (b) a general liability or other insurance whereby the Equipment is insured against all risks that may occur in respect of the Equipment and whereby the value of the Equipment is insured.
8.2 Lessee shall name Faber as co-insured under the insurance policies as referred to in Article 8.1, without Faber having to pay any insurance premiums, deductibles or other fees (to the insurance company) with respect to the Equipment. Lessee is obliged to ensure that payments made by the insurance company in respect of the Equipment shall be paid directly to Faber. Lessee shall timely pay all premiums due and provide Faber with a copy of the insurance policies and applicable policy conditions upon Faber’s first request. When 4
necessary, Lessee shall assign a claim against the insurance company with respect to the Equipment to Faber.
Article 9 – Complaints
9.1 Lessee is obliged to immediately notify Faber of damage to the Equipment and complaints regarding the functioning of the Equipment and to confirm this in writing to Faber within 24 hours and at any rate within 3 calendar days from the end of the relevant event. If Lessee has not complained within said complaint period, Lessee’s right to complain shall expire and Faber shall not be liable towards Lessee.
9.2 If a complaint is found justified by Faber, Faber shall only be obliged to replace or repair the part or parts of the Equipment or the Equipment to which the complaint relates free of charge and within a reasonable period of time, or to reimburse an amount in accordance with Article 9.3, all such at Faber’s election.
9.3 If at any given moment during the lease period the Equipment does not function for a total transmission time of more than 15% of the total planned transmission time on a certain day as a result of: (i) a circumstance which in Faber’s opinion should be for Faber’s account, (ii) the non-functioning of the Equipment itself, or (iii) actions or omissions of Faber’s personnel, and this problem cannot be solved or, as the case may be, repaired by Faber within a reasonable period of time, Faber shall refund Lessee with an amount equal to the lost transmission time and which shall be calculated as a certain percentage of the total rent owed by Lessee, exclusive of transportation and labor costs, and which takes into account the number of used screens and days of use, provided that Faber’s maximum liability shall, irrespective of the legal basis for a claim, be limited to the amount that Lessee has actually paid for the lease of the relevant Equipment. The provisions of Articles 16.1 up to and including 16.7 shall apply equally.
9.4 Any claim and/or defense of Lessee based upon facts that would justify the claim that the Equipment delivered by Faber does not conform to the Contract, expires 1 calendar month after the date of delivery of the relevant Equipment to Lessee.
Article 10 – Payment
10.1 Payment by Lessee must be made within the payment period specified in the offer or, as the case may be, the assignment confirmation.
10.2 Payment is made by Lessee in the agreed currency, without any set-off, discount, and/or suspension. If Lessee has complained in writing with respect to an invoice and this complaint is justified in Faber’s opinion, payment may only be suspended with respect to that part of the invoice to which the complaint relates.
10.3 All payment-related costs, the provision of securities included, shall be borne by Lessee.
10.4 In the event of any payment becoming overdue, Lessee is obliged to pay the outstanding amount and statutory interest increased with 2% over such outstanding amount until such date that payment in full has been received by Faber, without prejudice to any other rights or remedies Faber 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.
10.5 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 Faber reasonably incurs as a result of Lessee’s non-performance shall be borne by Lessee.
10.6 Payments by Lessee shall be deemed to have been made first to settle the costs as referred to in Article 10.5, subsequently to settle the interest due and shall then be charged to that part of the principal amount indicated by Faber, irrespective of indications made by Lessee.
10.7 Faber is entitled to set-off, regardless whether the legal requirements for set-off have met, including but not limited to set-off with claims of Faber and/or Faber’s group companies against Lessee with claims of Lessee against Faber and/or Faber’s group companies, irrespective of the legal basis for such claims.
Article 11- Security
In case Faber has good reason to believe that Lessee will not strictly or timely fulfill its obligations towards Faber, Lessee is obliged, at Faber’s first request, to pay part of or the entire rent and/or immediately provide satisfactory security in the form requested by Faber with respect to the fulfillment of Lessee’s payment obligations and other obligations under the Contract(s) or to 5
replace or provide additional security in addition to any security already provided. If Lessee does not comply with such a request for security within 7 calendar days of receipt of such request, all consequences of non-performance shall become due, effective and/or payable.
Article 12 – Ownership
12.1 Lessee acknowledges and respects that Faber is and shall remain the owner of the Equipment. Lessee is obliged to notify third parties, including but not limited to his clients, the parties that own or are responsible for the event in question as well as third parties that have been engaged by Lessee to assemble and disassemble the event, in a clear and timely manner in writing, meaning ultimately the moment the Equipment is to be used, that the Equipment: (a) is owned by Faber, (b) has been made available to Lessee on a temporary basis and as a temporary device and (c) from the end of the event needs to be removed (by Faber) and to be returned to Faber. Lessee is obliged to provide Faber with a copy of said notifications upon Faber’s first request. Lessee is not permitted to remove Faber’s mark from the Equipment, which shows Faber’s ownership to third parties in a clear manner.
12.2 Lessee shall notify Faber immediately if third parties exercise rights with respect to the Equipment owned by Faber or if Lessee becomes aware of third parties intending to do so.
12.3 In case Lessee fails to fulfill one or more of its obligations under the Contract and/or these General Conditions, Faber has the right to repossess the Equipment made available to Lessee. Lessee hereby irrevocably authorizes Faber or any third party designated by Faber to enter those premises where the relevant Equipment is situated and, as the case may be, is obliged to ensure that Faber is authorized by authorized third parties to enter such premises. All costs made by Faber relating to the repossession of the Equipment leased to Lessee shall be borne by Lessee.
12.4 If and to the extent that Faber has leased the Equipment from third parties, the provisions of Articles 12.1 up to and including 12.3 shall apply equally and the respective third party shall be acknowledged as the owner.
Article 13 – Force majeure
13.1 If a Party cannot properly perform its obligations in whole or in part, whether temporarily or permanently, as a result of one or more circumstances which are not at that Party’s risk and which are listed in Article 13.2, the Party affected by force majeure shall not be liable towards the other Party for its failure to comply with its obligations under the Contract, any default occurring as a consequence thereof or any delay in the performance of the Contract, and each Party is entitled to rescind the Contract, in whole or in part. If the impossibility to perform due to force majeure is temporarily, the Contract may be performed on a later date, unless performance on a later date is of no value to Faber.
13.2 The following circumstances shall be regarded as force majeure events on the part of Faber: governmental regulations or orders which prohibit or restrict the use of the leased Equipment or the Equipment to be leased, strikes, limitations/prohibitions of in- and/or export with respect to the Equipment, transportation problems, non-performance of Faber’s suppliers or transport undertakings, signal and/or power disruptions, damage to (power) cables, wrongful stage assembly, wrongful lighting, no or wrongful representation of sounds, nature-/nuclear disasters, war, danger of war, threats of war, terrorist activities and/or threats of terrorism.
13.3 The following circumstances shall not be regarded as force majeure events on the part of Lessee: (i) weather conditions, (ii) the cancellation, for whatever reason, or (early) termination of the event for which the Equipment and/or, as the case may be, Faber’s personnel has been leased, (iii) the non-use of the Equipment after delivery to Lessee, (iv) arrangements made by Lessee with third parties regarding the event and/or (v) the non or non-timely or improper performance by Lessee of arrangements made with third parties.
13.4 Each Party shall notify the other Party verbally forthwith of an event of force majeure and confirm this verbal notification within 24 hours after the verbal notification.
Article 14 – Termination, Rescission
14.1 If Lessee fails to comply with any of its obligations under the Contract and/or these General Conditions, or if: (a) an application for a (preliminary) suspension of payments is made by Lessee or granted to Lessee, (b) an application for bankruptcy is filed with regard to Lessee or Lessee is declared bankrupt, (c) any arrangements with Lessee’s creditors are made or steps are taken with a view to the general readjustment or rescheduling of its debts; and/or, 6
(d) Lessee otherwise loses or is limited in its control over its assets, (e) Lessee’s business is transferred in whole or in part, liquidated, wound up, discontinued, or relocated abroad, or a decision is taken to the above effect or (f) Lessee loses factual control over (a part of) the Equipment, Faber is entitled to end the Contract in writing with immediate effect, either by rescinding the Contract, in whole or in part, or by terminating the Contract and to suspend the (further) performance of its obligations under the Contract, all such without prejudice to any other rights or remedies Faber may have and without any compensation being due by Faber. If in Faber’s opinion performance is not possible or desirable, Faber is not required to give a term for performance in its written notification.
14.2 If Faber terminates or rescinds the Contract in accordance with Article 14.1, any and all claims Faber may have vis-à-vis Lessee shall become immediately due and payable.
Article 15 – Cancellation by Lessee
15.1 If Lessee cancels an event and for that reason cannot perform the Contract, Lessee is obliged to pay a percentage of the agreed rent in accordance with the schedule set out below:
Cancellation 3 months prior to the commencement of the lease term: 20% of the total rent.
Cancellation 2 months prior to the commencement of the lease term: 40% of the total rent.
Cancellation 1 month prior to the commencement of the lease: 60% of the total rent.
Cancellation 2 weeks prior to the commencement of the lease term: 75% of the total rent.
Cancellation 1 week prior to the commencement of the lease term: 90% of the total rent.
Cancellation after the Equipment and/or, as the case may be, Faber’s personnel has arrived at the Venue: 100% of the total rent.
Article 16 – Liability of Faber
16.1 Faber’s liability is, irrespective of the legal basis for a claim, limited to a maximum of the total rent paid by Lessee during the lease period in respect of the lease of the Equipment which has caused the damage suffered by Lessee. Faber’s liability on the basis of this Article 16.1 shall never be more than €75,000 per event.
16.2 Faber shall, irrespective of the legal basis for a claim, not be liable for consequential losses or damages, whether suffered directly or indirectly, including but not limited to: loss of profits, loss of revenue, loss of data, incurred losses, costs and expenses, loss of contracts, lost assignments, loss of savings, non-recouped investments, or losses caused by disruption or stoppage of the production and/or the business.
16.3 The limitation of liability as referred to in Article 16.1 does not apply if and to the extent that Faber’s liability for damages is insured under any of Faber’s insurance policies and the insurance policy pays out. In that case Faber shall only be liable to compensate for any damages to the extent such damages are covered by the insurance policy concerned in the matter concerned, subject to the applicable insurance policy conditions. Faber is not obliged to exercise its rights under the insurance policy. For the avoidance of doubt, the provisions of Articles 16.2, 16.4 and 16.5 shall remain in full force and effect.
16.4 Faber shall, irrespective of the legal basis for a claim, not be liable to compensate for damage that is caused by or a result of the use, processing or transmission of information provided by Lessee. Faber is not obliged to verify whether the information provided by Lessee is correct, complete and/or accurate.
16.5 Faber stipulates all legal and contractual defenses that it can invoke in respect of its liability towards Lessee also for the benefit of all persons or legal entities involved in the performance of the Contract.
16.6 The limitations of liability as referred to in Articles 16.1 up to and including 16.5 shall not affect liability based on mandatory applicable law. Faber shall not invoke the limitation or exclusion of its liability in the event of willful recklessness or willful intent on the part of Faber or employees belonging to Faber’s management.
16.7 Lessee shall, irrespective of the legal basis for a claim, be liable towards Faber to compensate for all damage that is caused at the Venue and during the lease period to: (i) the Equipment and/or (ii) Faber’s employees and/or third parties engaged by Faber and/or (iii) property of Faber’s employees and/or third parties engaged by Faber, unless such damage is caused by a mistake by Faber’s employees and/or third parties engaged by Faber. 7
Article 17 – Other provisions
17.1 Without Faber’s explicit prior written consent, Lessee is not entitled in any way, in whole or in part, directly or indirectly, to sell, encumber, lease or sublease the Equipment leased to it. Without Faber’s explicit prior written consent, Lessee is not entitled to transfer or assign its rights under the Contract or its legal relationship with Faber to third parties.
17.2 In the event that the Parties have not concluded a non-disclosure or confidentiality agreement or in the event that a non-disclosure or confidentiality agreement concluded between the Parties is no longer in place, the following shall apply. Each Party undertakes that it will not at any time disclose any confidential information concerning the Contract(s), 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; (b) to its professional advisers subject to a duty of confidentiality and only to the extent necessary for any lawful purpose; and (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 Lessee from Faber.
17.3 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. Parties shall use their utmost to reach agreement on a new provision which deviates to the slightest extent from the invalid or unenforceable provision, given the contents and purpose of these General Conditions.
Article 18 – Dry Hire/lease of Equipment only
18.1 In these General Conditions Dry Hire shall mean: the lease to be concluded or concluded by Parties which relates solely to the Equipment and under which Faber does not provide services with respect to the Equipment, such as the installation, assembly, operation, maintenance and disassembly of the Equipment.
18.2 Unless explicitly provided otherwise, all provisions of these General Conditions shall apply to Dry Hire.
18.3 In deviation of the provisions of Article 1 Contract shall mean in case of Dry Hire: the lease to be concluded or concluded by Parties in accordance with Article 3.4 which solely relates to the Equipment and under which Faber does not provide services with respect to the Equipment, such as the installation, assembly, operation, maintenance and disassembly of the Equipment.
18.4 The provisions of Articles 4.7 second sentence, 4.8, 4.9, 4.10 second sentence, 7.1, 7.2, 7.5 up to and including 7.7, 16.7 (ii) and 16.7 (iii) do not apply in case of Dry Hire.
18.5 In case of Dry Hire, Faber is not obliged to make inquiries about the intended use of the Equipment or the circumstances in which the Equipment will be used. In such case Faber shall not be liable for the applications and/or use of the Equipment by Lessee.
18.6 In case of Dry Hire, Lessee shall indemnify Faber and hold Faber harmless from and against all claims of Lessee and/or third parties for compensation of damage that Lessee and /or these third parties have suffered or may suffer in connection with or as a result of the use, the loading and unloading and/or the transportation of the Equipment.
Article 19 – Applicable law and competent court
19.1 Dutch law shall be applicable to all legal relationships between Faber and Lessee, with the exception of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (1980).
19.2 The competent court of Noord-Nederland, the Netherlands has exclusive jurisdiction to settle all disputes between Faber and Lessee arising under or in connection with any Contract or the performance of any Contract as well as any disputes regarding these General Conditions, al such notwithstanding Faber’s right to choose the court that is competent by law or treaty.