FURNITURE RENTAL AGREEMENT RISOR
RISØR B.V., having its registered office in (1013 JW) Amsterdam and its principal place of business at Mariadistelkade 59, registered in the Commercial Register of the Chamber of Commerce under number 72811889, lawfully represented for these purposes on behalf of its managing directors Furnée & Co B.V. and Keers Investments B.V. by S.P.F. Furnée and E.P. Keers, hereinafter referred to as: the “Provider”; and
Mr/Ms , born on in , residing in ( ) , at and holder of valid passport number , hereinafter referred to as: the “Hirer”.
The Provider and the Hirer are hereinafter also individually referred to as: a “Party” and jointly as: the “Parties”.WHEREAS:
The Provider develops interior concepts, although not exclusively, and in this context also rents furniture to third parties via its platforms or websites, hereinafter referred to as: the “Platform”;
The Provider wishes by means of this Furniture Rental Agreement, as defined below, to hire out furniture only to natural persons who have concluded a rental agreement for a home with OurDomain via www.thisisourdomain.nl or a company affiliated with Greystar Real Estate Partners LLC;
The Hirer wishes to rent from the Provider various items of furniture displayed on the Platform, hereinafter referred to as: the “Rented Items”, and the Provider wishes to hire out the Rented Items to the Hirer; and
The Parties wish to set out their mutual rights and obligations in connection with the renting and hiring out of the Rented Items in writing in this Furniture Rental Agreement, hereinafter referred to as: the “Rental Agreement”.
HAVE AGREED AS FOLLOWS:
Article 1 - Rented Items and permitted use
The Provider declares that it has hired out the Rented Items to the Hirer, who declares that he/she has rented the Rented Items from the Provider.
1.2 The Provider shall, in principle, deliver the Rented Items within twenty (20) working days after signing this Rental Agreement and shall deliver these ready for use to the address indicated by the Hirer on the Platform, either to his/her home on the ground floor or to his/her home on the upper floors provided that there is a working lift.
1.3 The Hirer is not permitted to move the Rented Items outside of Hirer’s home, which is the home located at the address stated above or the address indicated by the Hirer on the Platform.
Article 2 - Rental period, renewal and termination
2.1 This Rental Agreement shall take effect on the date it is signed in full, including digital signature, and is initially entered into for a period of at least one (1) year, subject only to the unilateral option of the Provider to terminate the Rental Agreement in accordance with Article 8 below. After expiry of the aforementioned minimum period of one (1) year, this Rental Agreement shall be extended for an indefinite period of time and the Hirer and the Provider shall each have the right to terminate this Rental Agreement in writing, taking into consideration a notice period of one (1) month.
2.2 Notice of termination, as referred to above, which has been effected within a shorter period than that prescribed above or prescribed in any statutory provision in effect at the time of such termination, shall be deemed to have been made at a minimum from the first possible day of termination with due observance of the prescribed period.
Article 3 – Rent, collection and purchase option
3.1 The Parties have agreed on the monthly rent for the Rented Items on the Platform, hereinafter referred to as: the “Rent”, or the Hirer has accepted the offer made on the Platform by the Provider, at its own discretion. Payment of the Rent is due at the time the Rental Agreement is concluded, unless the Parties have agreed otherwise in writing.
3.2 The Rent, subject to any changes thereto under the provisions of this Rental Agreement or by further agreement, shall always be payable by the Hirer to the Provider in a lump sum and in advance before or no later than the first day of each month, and without any discount, set-off or suspension of payments.
3.3 The Rent shall automatically be indexed on 1 July of each year, starting in the second year of this Rental Agreement, on the basis of the Consumer Price Index and without any notice being required, unless this would result in a reduction of the Rent.
3.4 By signing this Rental Agreement, the Hirer hereby authorises the Provider, both under this Rental Agreement and on the basis of what is published by the Hirer on the Platform, to send continuous direct debit orders to the bank of the Hirer, in principle monthly, in order to debit both the Rent and the security deposit described in Article 3.4 below from the bank account of the Hirer. If the Hirer disagrees with a debit, the Hirer is entitled to have such a debit reversed, at his/her own risk. At the same time, the Hirer shall inform the Provider in writing of the reversal, stating reasons. Such a request must be made within eight (8) weeks from the date of the debit and the Hirer must ensure that he/she satisfies the conditions in this regard, including the bank conditions.
3.5 The Hirer shall owe a security deposit of one (1) monthly Rent to the Provider at the start of the Rental Agreement, which deposit shall be held by the Provider as security to cover any damage caused by the Hirer to the Rented Items. If the Parties determine that there is no damage or the cost of repair is less than the security deposit after the return of the Rented Items, the security deposit or the balance thereof will be refunded to the bank account of the Hirer within thirty (30) days of the termination of the Rental Agreement. No interest shall be paid by the Provider to the Hirer for the aforementioned security deposit.
3.6 If the Hirer remains in default of timely payment of the Rent or part of the Rent, the Hirer shall be in default by operation of law and shall owe statutory interest. Interest on the amount due will be calculated from the time the Hirer is in default until the time the total amount due is paid. In addition, the Hirer shall be liable to pay to the Provider, without the need for any notice of default or demand, a penalty of EUR 100 (one hundred euros) for each separate instance of default and EUR 10 (ten euros) per day for each day that an instance of default continues, without prejudice to the right of the Provider to still demand compliance with the relevant obligation and to demand alternative compensation.
3.7 If the Provider is forced to take collection measures due to non-payment of the Rent, all resulting costs shall be borne by the Hirer. Amounts collected or paid shall first serve to reduce the collection costs owed, then to reduce the statutory interest owed and then to reduce the amount owed.
3.8 The Hirer shall at all times have the right to purchase the Rented Items from the Provider, in principle at the new price, and the Hirer may thereby be entitled to a discount on the new price as published from time to time on the Platform as follows:
a 30% (thirty percent) discount if this Rental Agreement has been in effect for a minimum of one (1) year;a 50% (fifty percent) discount if this Rental Agreement has been in effect for a minimum of two (2) years; anda 70% seventy percent) discount if this Rental Agreement has been in effect for a minimum of three (3) years.
3.9 If the Hirer wishes to exercise its option to purchase, as referred to in Article 3.8 above, the Hirer shall inform the Hirer of this in writing and pay the purchase price for the Rented Items to the Provider within seven (7) days. Ownership of the Rented Items shall pass from the Provider to the Hirer only at such time as the Provider receives payment of the purchase price (retention of title).
Article 4 - Prescribed use
4.1 The Hirer is prohibited from changing or adding anything to the Rented Items, in whole or in part, without the prior written consent of the Provider.
4.2 The Provider shall be entitled to attach conditions to any granting of written consent, as set out in Article 4.1 above, and/or to impose an obligation thereto, including but not limited to an increase in the Rent, if the changes and additions should provide reasonable cause to do so. The Provider shall also be entitled to, inter alia, attach provisions or instructions to the granting of written permission with regard to the manner and quality of the implementation of the changes and additions desired by the Hirer, such as with regard to colour, dimensions and choice of materials.
4.3 The changes and additions made by the Hirer and/or taken over by the Hirer are not part of the Rented Items and must be undone or removed by the Hirer before or at the termination of the Rental Agreement, unless otherwise agreed by the Parties at the time or after the granting of written consent by the Provider to make such changes and additions or in the context of the taking over of such changes and additions by the Hirer.
4.4 Defects in the changes and/or additions taken over and/or defects resulting from those changes and/or additions and/or harmful consequences to the Rented Items, the Provider or third parties, are not considered defects of the Rented Items under this Rental Agreement as referred to in Article 7:204 of the Dutch Civil Code (Burgerlijk Wetboek) and do not give the Hirer any claim against the Provider. The Hirer shall be solely liable for any defects of the Rented Items and/or any harmful consequences to the Rented Items, the Provider and/or third parties resulting from such changes and/or additions. The Hirer shall indemnify the Provider for all damage and costs in connection with any third party claims against the Provider. The Provider shall not be under any obligation whatsoever to maintain or repair any changes and additions made or taken over by the Hirer.
4.5 The Hirer shall not be entitled to any compensation due to unjust enrichment of the Provider or any third party in connection with changes and/or additions to the Rented Items made by the Hirer, which for any reason whatsoever have not been undone and/or removed at or after the end of the Rental Agreement, unless otherwise agreed in writing by the Parties.
4.6 The Hirer is obliged to use the Rented Items in such a way that they do not violate any law, local ordinance or other government regulation.
4.7 The Hirer is obliged to use the Rented Items in such a way that no nuisance or inconvenience in any form is caused to the Provider, neighbours and further surroundings by or on behalf of the Hirer and by the Rented Items or by the use thereof.
4.8 The Hirer is obliged to take appropriate and timely measures to prevent damage to and/or by the Rented Items. If any damage should nevertheless occur, the Hirer shall immediately notify the Provider in writing and the Hirer shall be fully liable to the Provider and to any third parties affected thereby.
4.9 The Hirer is prohibited, inter alia, without the prior written consent of the Provider:
to sublet the Rented Items to any third party, in whole or in part, or otherwise give them in any form of use or co-use, or to contribute the rent or use of the Rented Items to a company or legal entity;to use/pledge the Rented Items or any part thereof as collateral in any manner whatsoever to any third party or otherwise dispose thereof; and/orto transport or cause the Rented Items or any part thereof to be transported outside the home of the Hirer, except with the written consent of the Provider.
Article 5 – Maintenance
5.1 The Hirer is obliged to maintain the Rented Items properly and completely in accordance with the instructions of the manufacturer and/or the Provider. With regard to maintenance, repair and renewal or replacement of the Rented Items and the costs thereof, and notwithstanding the provisions of Article 7:206(1) and (2) of the Dutch Civil Code (Burgerlijk Wetboek) insofar as permitted by Article 7:209 of the Dutch Civil Code (Burgerlijk Wetboek), and also to the extent necessary and notwithstanding the provisions of Article 7:217 of the Dutch Civil Code (Burgerlijk Wetboek), the Parties have agreed as follows:
the proper and timely performance of all maintenance and repairs of the Rented Items, as well as the cleaning of the Rented Items and the replacement of lost and/or worn parts of movable items belonging to the Rented Items by new parts, shall be borne by the Hirer; andthe proper and timely performance of renewals and/or replacements of movable items belonging to the Rented Items that have been destroyed and/or lost due to a cause that is not the risk of the Hirer, shall be borne by the Provider.
5.2 If the Hirer observes any defect and/or observes that the Rented Items do not fully function as described, the Hirer shall notify the Provider within three (3) days.
Article 6 - Condition of the Rented Items
6.1 The Hirer declares that he/she accepts the Rented Items in good condition of maintenance and without any defects observable by an expert.
6.2 The Parties shall, at the end of the Rental Agreement, on the day of return of the Rented Items by the Hirer to the Provider and after the Parties making an agreement to this effect, conduct a joint inspection of the condition of the Rented Items. At the request of the Provider, the findings of this inspection shall be recorded in an inspection report, particularly any defects in the condition of the Rented Items that are for the account of the Hirer, which shall be drawn up jointly by or on behalf of the Parties and signed by the Parties.
6.3 The Parties agree that established defects in the condition of the Rented Items, which are for the account of the Hirer, will initially be deducted from the security deposit. If the security deposit does not suffice, the Provider shall invoice the Hirer for the remaining costs, which invoice the Hirer shall pay within fourteen (14) days of receipt.
6.4 The Hirer undertakes, unless otherwise agreed upon in writing between the Parties, to keep the Rented Items in the aforesaid condition and to deliver them to the Provider in their original condition, cleaned and properly maintained, with the exception of that which has been destroyed or damaged through age (normal wear and tear), insofar as the Hirer is not under an obligation to maintain and/or repair such items pursuant to this Rental Agreement.
Article 7 – Defects and liability
The Provider is not liable for:
the consequences of defects occurring after the conclusion of this Rental Agreement, unless there is intent or gross negligence on the part of the Provider;the consequences of defects that the Provider did not know or could not have known when entering into this Rental Agreement;the consequences of defects in respect of which there is no intention or gross negligence on the part of the Provider itself;any damage suffered by the Hirer as a result of a late provision of the Rented Items by the Provider to the Hirer, unless such late provision of the Rented Items to the Hirer is due to the wilful misconduct or gross negligence of the Provider itself (see Article 9.1 below);the damage that occurs to a person or property of the Hirer who is in possession of the Rented Items or of third parties who are in the vicinity of the Rented Items, unless the damage is the result of the wilful misconduct or gross negligence of the Provider itself;any consequential loss; and/orthe damage resulting from any defect in the Rented Items or from improper use of the Rented Items by the Hirer.
7.2 The Hirer is not entitled to a reduction of the Rent or to suspension or set-off a payment obligation or to the annulment or termination of the Rental Agreement, if there is a decrease in the quiet enjoyment under the Rental Agreement as a result of one or more defects with regard to the Rented Items, unless the defects are the result of the wilful misconduct or gross negligence of the Provider itself.
7.3 The Hirer is liable to the Provider for all damage to the Rented Items, unless the Hirer proves that it and persons for whom the Hirer bears responsibility and/or liability in the relationship to the Provider are not at fault for the occurrence of such damage. This exception shall not affect the maintenance and repair obligations of the Hirer under this Rental Agreement.
7.4 During the term of this Rental Agreement, all risks related to the Rented Items, including but not limited to the risk of theft, embezzlement or loss, are borne by the Hirer, even if the Hirer is not at fault in this respect.
7.5 The Hirer is obliged to take out appropriate insurance for the Rented Items against - in any case - the risks of fire, lightning, storm, precipitation, water leakage, damage by any other external or internal cause, theft and embezzlement.
Article 8 – Termination
8.1 The Provider is entitled to terminate the Rental Agreement, in full or in part, without giving notice and without any obligation to pay compensation, in the event that:
the Hirer is declared bankrupt;the Hirer applies for a suspension of payments;the Rental Agreement of the Hirer with OurDomain (via www.thisisourdomain.nl) or one with Greystar Real Estate Partners LLC has been terminated and/or has ended;the Hirer is placed under guardianship or dies; and/orthe Hirer does not comply with any legal obligation towards the Provider or any obligation, including a payment obligation, resulting from this Rental Agreement.
8.2 In the cases mentioned in Article 8.1 above, the Provider shall be entitled to immediately claim the Rent owed by the Hirer to the Provider in full, as well as to demand compensation.
8.3 The Hirer is obliged to immediately inform the Provider in writing if a circumstance within the meaning of Article 8.1 above arises. In the event that a circumstance within the meaning of Article 8.1(iv) above occurs, the Hirer shall be in default by operation of law and any debt to the Provider shall be immediately due and payable.
Article 9 - Making the Rented Items available and processing of personal data
9.1 If the Rented Items cannot be made available to the Hirer in time, the Hirer shall owe no Rent until the later date that the Rented Items are made available by the Provider.
9.2 The Hirer is not entitled to annulment or termination of this Rental Agreement because of the later date that the Rented Items are made available to him/her, unless such later availability is based on the wilful misconduct or gross negligence of the Provider itself and such later availability is also of such nature or extent that the Hirer cannot reasonably be required to uphold the Rental Agreement.
9.3 If, after the termination of this Rental Agreement, the Hirer does not return the Rented Items or make them available to the Provider, the Hirer shall be liable to pay the Provider a penalty of EUR 1,000 (one thousand euros) for each separate instance of default and EUR 100 (one hundred euros) for each day that an instance of default continues, without prejudice to the right of the Provider to still demand compliance with the relevant obligation and to demand alternative compensation.
9.4 The Hirer hereby authorises the Provider to collect the Rented Items from the Hirer after the termination of this Rental Agreement, whereby the Hirer shall fully cooperate with the Provider. The full cooperation of the Hirer includes granting the Provider access to the home of the Hirer in order to give the Provider the opportunity to make the Rented Items available to the Provider again, or at least to return them in a proper manner.
9.5 The Hirer hereby authorises the Provider to process the personal data of the Hirer in accordance with applicable law.
Article 10 - No transfer
The Hirer is not authorised to transfer his/her rights, obligations and/or interests under this Rental Agreement in whole or in part to third parties other than as permitted in accordance with the contents of this Rental Agreement and subject to the written consent of the Provider.
Article 11 - Evidence of administration Provider
The administration of the Provider, including its digital administration, shall serve as conclusive evidence with regard to all provisions of this Rental Agreement, except in the case of evidence to the contrary provided by the Hirer.
Article 12 - Nullity
If any provision of this Rental Agreement is void, voidable or in conflict with the law, in whole or in part, such provision shall be deemed to stand alone and not to apply. The nullity, voidability or conflict with the law of such provision shall not affect the other provisions of this Rental Agreement, but shall be replaced by a provision of similar purport which is not, in whole or in part, void, voidable or in conflict with the law.
Article 13 - Entire agreement
This Rental Agreement contains all agreements between the Provider and the Hirer and as such there are no promises, provisions, conditions, obligations or warranties, whether written or verbal, expressed or implied, other than those set forth in this Rental Agreement.
Article 14 – Applicable law and competent court
14.1 This Rental Agreement is governed by Dutch law.
14.2 All disputes or claims arising from or connected with this Rental Agreement, or the non-performance, termination or invalidity thereof, shall be submitted to the competent court in Amsterdam to the exclusion of all others.
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Document Name: FURNITURE RENTAL AGREEMENT RISOR
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