Terms and conditions
By using and visiting this website, you accept these Terms of Use website Multi Storage Roermond (hereinafter referred to as: the
Terms of Use) and all other conditions that are stated on this website(s). If you do not agree to these Terms of Use, the use of this website is not allowed.
Multi Storage Roermond reserves the right to unilaterally change these Terms of Use, which changes will take effect from the time they are posted on our website. By the way, specific conditions may apply to specific products or services of Multi Storage Roermond, such as for example rental agreements. Multi Storage Roermond reserves the right to terminate or restrict access to its website.
The content of this website has been carefully prepared. However, Multi Storage Roermond does not accept any liability for the correctness and/or completeness of the content of this website.
Multi Storage Roermond only provides information on products and services offered by Multi Storage Roermond through this website. Any guarantee, inter alia with respect to the usability, the correct functioning of this website, the suitability for a particular purpose or a guarantee that the content of this website does not infringe on the rights of third parties, etc. we reject. Furthermore, we cannot provide any guarantee regarding the security of this website. It cannot be excluded that transmitted information is intercepted during transmission. Nor can it be guaranteed that email messages sent by us are free of viruses or other damage-causing elements. The use of our website is at your own expense and risk.
Any information you send to us through this website or otherwise becomes the property of Multi Storage Roermond and is regarded as non-confidential. Multi Storage Roermond is entitled to use this information without any compensation whatsoever. You guarantee that the information you send is correct and that it will not infringe on the (intellectual property) rights of third parties. You indemnify Multi Storage Roermond for any claims of third parties that are in any way related to such information.
Privacy
The processing of your personal data is subject to the Privacy Policy, as listed on our website.
Where this website contains links to other websites, these links are included for information purposes only and Multi Storage Roermond is in no way liable for the content, accuracy and/or completeness of such websites.
General Terms and Conditions/Storage Agreement
Article 1. Applicability and definitions.
1.1 These General Terms and Conditions form an integral part of every agreement entered into with Multi Storage Roermond,
orally or in writing, however named, while these General Terms also apply to all legal relationships between Multi Storage Roermond and the Customer.
1.2 The name “Multi Storage Roermond” refers to the company or companies – or its legal successor or successors – that enter into Selfstorage agreements as lessor under the name Multi Storage Roermond.
(correspondence address: Jules Breukersstraat 5, 6041 BP Roermond (ov)).
1.3 The Selfstorage agreement is a rental agreement within the meaning of Section 7:230a of the Dutch Civil Code and relates to business premises (storage space) which shall be referred to as: “the Rented Property”.
1.4 The Selfstorage Agreement is hereinafter also referred to as “ the Agreement”.
1.5 The tenant is also referred to hereinafter as “the Client”.
Article 2. Rent and rent adjustment.
2.1 Multi Storage Roermond rents Selfstorage storage space to the Customer as the Customer rents this space from Multi Storage Roermond on the basis of a written rental agreement.
2.2 The rent stated in the written rental agreement shall remain unchanged for the first 6 (six) months of the rental agreement, unless otherwise agreed in writing.
2.3 The Customer accepts that Multi Storage Roermond can unilaterally adjust the rent if, in the opinion of Multi Storage Roermond, market circumstances give rise to this. If the Customer is of the opinion that the rent adjustment is not reasonable, the Customer can terminate the agreement during a period of 14 days after the Customer has taken note of the rent increase or could reasonably have taken note of it.
After the aforementioned 14 days, Multi Storage Roermond may assume that the Client agrees with the new rent and the adjusted rent will apply.
2.4 Multi Storage Roermond is entitled to terminate the Agreement at any time.
2.5 The Customer is obliged to pay the agreed rent promptly and without discount or set-off. On rent payments not paid or not paid on time, the Customer will owe Multi Storage Roermond, without notice of default, a penalty of fifteen percent (15%) of the overdue amount with a minimum of € 12,50 per month – part of a month to be seen as a month – plus the statutory interest on both the principal sum and the penalty from the date the amounts should have been paid until the day they are paid in full.
Article 3. zoning and use
3.1 The Rented Premises are exclusively intended for personal use as storage space for movable property, insofar as this does not exceed a floor load of 500 kg per m².
floor load of 500 kg per m². Without the prior written consent of Multi Storage Roermond, the Customer is not permitted to use the rented object for any other purpose. The Customer will use and maintain the Rented Property with due care and attention and in accordance with the latest Internal Regulations adopted by Multi Storage Roermond. The Customer is familiar with the contents of these regulations. The Customer understands and accepts that the Household Regulations are subject to change and is obliged to immediately follow the reasonable instructions of Multi Storage Roermond. The Customer is liable to Multi Storage Roermond for all conduct of third parties as referred to in article.
3.2 The Customer is familiar with the Rented Property and has established for itself that the Rented Property is suitable for the statutory and agreed purpose and use. Multi Storage Roermond expressly provides no warranties in this respect and accepts no liability whatsoever.
3.3 The Customer will act in accordance with the instructions of Multi Storage Roermond and the provisions of the law and local ordinances as well as the customs regarding rent and lease and the regulations of the government, utilities and insurers.
3.4 The Customer warrants that neither it nor any third party present on behalf of the Customer will cause nuisance or inconvenience to the Subjects, to the complex of which the Subjects form part or to any third party in the vicinity of the Subjects.
3.5 The Customer shall use the Rented Property in such a manner that no damage to the environment in any form whatsoever occurs or can reasonably occur and shall take adequate precautions against environmental damage.
3.6 The Customer is obliged to keep the Rented Property properly locked and sealed and to keep the Rented Property carefully clean, and to dispose of any waste such as packaging and the like promptly in the appropriate manner. If you use our transport services, the cargo is insured under the CMR condition. Damage claims outside the CMR condition will not be handled.
3.7 The Customer shall not (among other things):
– jewelry, furs, art objects, collection items or irreplaceable objects, objects with special and/or emotional value to be stored or allowed to remain in the Rented, whereby in all cases Multi Storage Roermond shall never be liable for loss, damage or theft of such items;
– Use the Rented Property in a manner that violates criminal or import law provisions, including (but not limited to) storing weapons, explosives, drugs, contraband, stolen or fenced goods, illegally imported items and the like in the Rented Property;
– connect electrical appliances in the rented premises without the prior written permission of Multi Storage Roermond;
– sell and/or rent goods and/or provide services from the rented premises, in short, to conduct any commercial activity in or from the rented premises;
– use the Rented Property as a workshop;
– without the prior written permission of Multi Storage Roermond, attach items to the rented premises;
– domicile or seat of an enterprise in the rented premises.
3.8 The Customer is aware that Multi Storage Roermond and/or the Customer are subject to laws and regulations with a view to the storage of substances that may be harmful or damaging to the environment. In view of this, the Customer is not permitted to store the following items – or items similar to these – in the rented premises, whereby the list referred to in the Decree on storage and transport companies under environmental management (Bulletin of Acts, Orders and Decrees 2000, 278) is used as a guide:
– wastes, including animal and hazardous wastes;
– live animals or perishable items;
– asbestos and/or blue leather;
– (artificial) manure;
– gas cylinders and/or batteries;
– firework;
– car and/or motorcycle wrecks (the storage of cars and/or motorcycles other than wrecks is allowed on the understanding that under the car and/or motorcycle a protection tray or protection mat approved by Multi Storage Roermond must be present to prevent leaking oil from affecting the environment, also the fuel in the designated fuel tank must be kept to a minimum);
– flammable liquids including diesel and gasoline (except as stated above about cars and motorcycles);
– dangerous substances or preparations that are classified according to the Decree on Packaging and Labeling of Environmentally Hazardous Substances and Preparations (Bulletin of Acts and Decrees 1991, 534) in a category as referred to in article 34 paragraph 2 of the Environmentally Hazardous Substances Act (Bulletin of Acts and Decrees 1985, 639),
like:
– explosive substances and preparations such as aerosols (including air fresheners, hairspray, car paint, varnish and car window defroster); sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane and butane as well as fireworks;
– oxidizing substances and preparations such as hydrogen and other peroxides, chlorides, strong salpet and perichloric acids;
– oxidizing substances and preparations such as hydrogen and other peroxides, chlorides, strong salpet and perichloric acids;
– (highly) toxic substances and preparations such as methanol, defoliants, pesticides;
– harmful substances and preparations such as cleaning products, paint thinners, wood protection products, paint stripping products;
– caustic substances and preparations such as drain unblocker, descaler, caustic soda, strong acids, stripping products such as oven and toilet cleaners;
– irritant substances and preparations;
– sensitizing substances and preparations;
– carcinogenic substances and preparations;
– mutagenic substances and preparations;
– Substances and preparations toxic to reproduction;
– environmentally hazardous substances and preparations such as CFCs, PCBs and PCTs;
– pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;
– pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;
3.9 If the Customer acts in violation of articles 3.7 and/or 3.8, the Customer is liable to Multi Storage Roermond for any damage Multi Storage Roermond may suffer as a result. The Customer indemnifies Multi Storage Roermond from all liability for any damage suffered or incurred by third parties in this respect.
3.10 Violation of articles 3.7 and/or 3.8 may lead to criminal prosecution of the Customer, to which Multi Storage Roermond
reserves the right to press charges. The Customer acknowledges that Multi Storage Roermond will under circumstances be obliged to press charges if objectively justified, also in view of the interests of other Customers.
3.11 Acting in breach of articles 3.7 and/or 3.8 will be sufficient reason for Multi Storage Roermond to terminate the Agreement or to terminate it or have it terminated.
3.12 Without prejudice to the above, it is possible to agree with Multi Storage Roermond for the storage of, among others, folding trailers, boats, motorcycles or classic cars. The Customer must indicate this before entering into the Agreement and discuss with Multi Storage Roermond what the possibilities are, in particular with a view to the availability of spaces suitable for this purpose.
Article 4. Rent and availability.
4.1 The Rented is delivered and accepted in the condition laid down in a certified description or, if there is none, in the condition it is in at the commencement of the agreement: in good condition, without defects and clean. The Customer acknowledges upon signing the lease that the Rented Property meets these qualifications.
4.2 Multi Storage Roermond has the right at all times to assign the Customer to a replacement rental object if in the opinion of Multi Storage Roermond there is reason to do so and the Customer is obliged to cooperate and accept that particular rental object instead of the Rented object.
4.3 If the Rented Property is not available on the agreed commencement date because it has not been completed on time, the previous user has not vacated the Rented Property on time, or Multi Storage Roermond has not yet obtained the government permits to be provided by Multi Storage Roermond, the Customer shall not owe any rent and no fee for additional supplies and services until the date on which the Rented Property is available to the Customer and the Customer’s other obligations and agreed terms shall also be moved accordingly.
4.4 Multi Storage Roermond is not liable for any damage to the Customer resulting from the delay, unless Multi Storage Roermond can be blamed for serious negligence or gross negligence. In that case, the amount of compensation that can be claimed from Multi Storage Roermond is expressly limited to the value of the stored goods.
4.5 If the Customer retains the rented object after the end of the rental agreement, the Customer will owe Multi Storage Roermond a compensation at least equal to the last rental price, without prejudice to Multi Storage Roermond’s rights to this excess, if the damage amounts to more than this compensation.
Article 5. Prohibition of occupancy/sublease
5.1 The Customer is not permitted to sublet or relet the rented object in full or in part to third parties or to allow third parties to use or co-use the rented object, by whatever name, except with the prior written approval of Multi Storage Roermond.
Article 6. Defects, liability and damages
6.1 There shall be a defect in the Rented Property if the Rented Property cannot, in view of its condition or in view of any feature or other circumstance not attributable to the Customer, provide the enjoyment which the Customer may expect of a properly maintained item when entering into the agreement of the Rented Property.
6.2 Multi Storage Roermond is only obliged to inform the Customer at the start of the Agreement of any defects known to Multi Storage Roermond that Multi Storage Roermond knows will affect the suitability of the rented object for the agreed use.
Multi Storage Roermond is not liable for the consequences, including all damage, including loss of profits, of defects that Multi Storage Roermond did not know and should not have known at the conclusion of the Agreement.
6.3 Except as stated in articles 6.1. and 6.2., Multi Storage Roermond acknowledges no liability and also accepts no liability in respect of the legal and contractual destination and use of the Rented object, also not by virtue of custody, storage, supervision or security. Storage of items in the Rented is and shall remain the sole responsibility of the Customer. If required, the Customer must take out his own insurance.
If due to circumstances that can be attributed to Multi Storage Roermond, damage will occur to the properties of the hirer, at least to items that have been stored in the rented property or in the immediate vicinity thereof with the permission of the hirer, the liability of Multi Storage Roermond is in all cases limited to the value of the thereby lost or damaged items, whereby the liability of Multi Storage Roermond and the amount of the damage must be demonstrated by the Customer.
6.4 Multi Storage Roermond will not be liable for the consequences of government inspections or controls in or on the Leased Premises. These consequences include any damage to stored goods and/or hardware. The Customer is at all times liable to Multi Storage Roermond for any damage Multi Storage Roermond may suffer as a result of these checks and inspections.
6.5 If the Customer fails to comply with the requirements set out in the Agreement and/or these General Conditions, the Customer shall forfeit to Multi Storage Roermond an immediately payable fine of Euro 250, – per day for each day – a part of a day to be considered as a day – that the Customer is in default, without prejudice to its right to damages.
6.6 The Customer shall be liable to Multi Storage Roermond for any damage to the Rented and/or to the complex to which the Rented belongs and/or to property of third parties unless the Customer proves that it, the persons it has admitted to the Rented, its personnel and the persons for whom it is liable are not to blame.
6.7 The Customer indemnifies Multi Storage Roermond against claims, liabilities and/or fines imposed on Multi Storage Roermond by third parties, including the government, as a result of acts or omissions of the Customer and/or persons the Customer has admitted to the rented premises and/or personnel of the Customer and/or persons for whom the Customer is responsible for the use of the rented premises and/or the complex to which the rented premises belong.
6. 8 Multi Storage Roermond shall not be liable for damage to the person or property of the Customer or third parties – and the Customer indemnifies Multi Storage Roermond against third party claims in this respect – due to the occurrence and consequences of: visible and invisible defects to the Rented Property or the building or complex of which the Rented Property is a part; weather conditions; stagnation in the accessibility of the Rented Property; stagnation in the supply of gas, water, electricity, heat, ventilation or air treatment; malfunction of the installations and equipment; inflow and outflow of gases or liquids; fire, explosion and other occurrences; disturbance in the enjoyment of the rented premises and disturbance or deficiencies in the deliveries and services or damage caused by the loss or theft or damage of items, vandalism, dampness, mold, rust, lightning and/or rodent damage.
6.9 Multi Storage Roermond shall not be liable for any direct or indirect trading loss of the Customer or damage resulting from the activities of other customers or impediments in the use of the Rented Property caused by third parties.
6.10 Multi Storage Roermond is not liable for the use by the Customer of means of transport made available by Multi Storage Roermond, whether or not against payment. The Customer must contact the personnel of Multi Storage Roermond in advance if he wishes to rent or borrow a bus or trailer, under conditions to be specified by Multi Storage Roermond. The Customer is always responsible and liable for all items made available by Multi Storage Roermond to the Customer, even if the Customer makes use of third parties for the transport. Multi Storage Roermond is not liable for stagnation if at any time no trailer, bus or the like is available for transport.
Parties are aware that the possible non-availability of means of transport cannot be qualified as a defect in the fulfilment of the Agreement. Multi Storage Roermond can set specific conditions to the provision of goods for transport and reserves the right to refuse the provision of e.g. a trailer or bus without giving reasons.
Article 7. Maintenance and repair of defects
7.1 The Customer shall take adequate measures to prevent damage to the Rented Property, the complex to which the Rented Property belongs or property of third parties.
7.2 The Customer will promptly notify Multi Storage Roermond in writing of any defects in the rented object.
Multi Storage Roermond has a reasonable period of time, which – except in the case of calamities – is at least six (6) weeks after receipt of the notification, to start remedying any defect that comes for the account of Multi Storage Roermond.
7.3 Multi Storage Roermond may perform or arrange for work and research to be performed on, to or in the Rented Premises or the building or complex of which the Rented Premises forms part or to adjacent properties in the context of maintenance, repair and renewal, including the installation of additional facilities and alterations or work required in connection with (environmental) requirements or government measures, or for utility companies or other competent authorities.
7.4 Renovation and/or maintenance work of or to the rented object or to the building or complex of which the rented object forms part do not constitute a defect, even if such work (temporarily) restricts or prevents the enjoyment of the rented object. The Customer will tolerate maintenance work and renovation of the Rented Property or of the building or complex of which the Rented Property forms part and will give Multi Storage Roermond the opportunity to do so, without any right to reduction of the rent or any other payment obligation, full or partial termination of the agreement and/or compensation.
7.5 Multi Storage Roermond has the right at all times to have repairs made to the rented object by a contractor of Multi Storage Roermond’s choice at the expense of the Customer. The Customer undertakes in advance to pay the invoices of the repairs within seven days after they have been sent.
Article 8. Access
8.1 The Customer shall have access to the Rented Property during normal access hours, in accordance with the House Rules adopted by Multi Storage Roermond. Multi Storage Roermond is not liable for the consequences of a temporary technical failure if it should prevent access.
8.2 Without prejudice to the provisions of article 7.3, Multi Storage Roermond and/or any persons designated by Multi Storage Roermond can only enter the rented premises after prior permission from the Customer. In urgent cases Multi Storage Roermond and/or all persons designated by Multi Storage Roermond – at the discretion of Multi Storage Roermond – are entitled to enter the rented premises without permission and, if necessary, also outside the normal opening hours. Emergencies here include the sudden appearance of defects requiring urgent repair.
8.3 At the request of controlling, investigative and/or supervisory (government) agencies, Multi Storage Roermond has the right at all times to grant itself and these agencies access to the Rented Property. Multi Storage Roermond accepts no liability for actual access to the Rented Property by Multi Storage Roermond and/or third parties, including auditing, investigating and/or regulatory (government) agencies with or without assertion of law.
8.4 Multi Storage Roermond has the right to deny the Customer access to the Rented Property and/or remove all locks and other security devices if the Customer fails to comply with any of his obligations under this Agreement, expressly including the General Conditions and the Household Regulations, and/or Multi Storage Roermond has sufficient reason to believe that the obligation(s) will not be complied with. In particular, Multi Storage Roermond has the right to deny the Customer access to the Rented Property and the premises in which the Rented Property is located in the event of non-payment or any other serious breach of contract by the Customer.
Article 9. (Extra) judicial costs
9.1 If the Customer is or remains in default in the fulfilment of any obligation incumbent on him under the law, local
regulations, customs, the Agreement and/or these General Terms and Conditions and/or the Internal Regulations, Multi Storage Roermond will be entitled to terminate the Agreement and/or claim dissolution of the Agreement and full compensation.
9.2 If Multi Storage Roermond is forced to demand rescission as referred to in the previous paragraph or to enforce compliance with this Agreement, including the collection of any (overdue) lease instalments, charges, penalties or other amounts owed by the Customer under the Agreement, all costs, both in and out of court incurred by Multi Storage Roermond, will be at the expense of the Customer. The extrajudicial costs amount to fifteen percent (15%) of the at any time maximum overdue principal amount plus the statutory interest, with a minimum of € 1500,- excluding VAT, without prejudice to the right of Multi Storage Roermond to charge the full costs of legal assistance to the Customer, who is obliged to reimburse these costs.
Article 10. End of agreement
10.1 At the end of the agreement, the Customer will be obliged to return the rented premises to Multi Storage Roermond in the
original condition – that is to say either in the condition laid down in the certified description drawn up at the start or, in the absence of a certified description, in good condition – all this subject to normal wear and tear, completely vacated, clean and free of rights of use.
10.2 Upon termination of the agreement, the Customer is obliged to remove, at his own expense, all items that have been installed by him in, on or on the Leased Premises with the prior written consent of Multi Storage Roermond or that have been taken over from a previous customer, unless expressly agreed otherwise with Multi Storage Roermond, as evidenced by a written confirmation from the side of Multi Storage Roermond.
10.3 Any items left behind in the Rented Premises by the Customer after termination of the agreement will be deemed to have been transferred by the Customer to Multi Storage Roermond free of charge or at least relinquished by the Customer pursuant to Article 5:18 of the Dutch Civil Code, without prejudice to the right of Multi Storage Roermond to remove these items or have them removed at the expense of the Customer. The Customer remains fully liable for all damages and costs arising from abandonment of these items in the Rented Premises.
Article 11. Announcements, change of address
11.1 From the effective date of the Agreement, Multi Storage Roermond addresses all communications to the Customer regarding the execution or modification and termination of the Agreement to the address of the Customer provided by the Customer.
11.2 The Customer is obliged to notify Multi Storage Roermond in writing of any moves and/or address changes as soon as possible.
11.3 Multi Storage Roermond is not liable for any damage that may result from the fact that the Customer has not (timely) communicated relocations and/or address changes.
Article 12. Sales Tax
12.1 This Clause shall apply to the Customer – also referred to hereinafter as “the Business Customer” – who is regarded as an entrepreneur within the meaning of the Turnover Tax Act 1968 and who will use the Rented Property for services for which the Business Customer is entitled to at least 90% deduction. This article does not apply to individuals.
12.2 Sales tax is payable for the Business Customer mentioned in Article 12.1.
12.3 By signing this Agreement in its capacity as an entrepreneur, the Business Customer agrees to a taxed rental.
12.4 The Business Customer and Multi Storage Roermond expressly declare that the rent has been determined on the basis that the Business Customer will continue to use the Rented Property, or have it used, for at least the minimum percentage laid down by law or to be laid down in more detail, for services that give a right to deduction of turnover tax; in such a way that a turnover tax-taxed (sales) rent can be opted for.
12.5 The Business Customer and Multi Storage Roermond make use of the possibility offered by Notice 45, Decree of March 24, 1999, no. VB 99/571 offers, waive a joint option request for a sales taxable rental and suffice with a statement to be completed and signed by the Business Customer that is an integral part of the Agreement.
12.6 If the Business Customer does not (or no longer) use the Rented Property or allows it to be used for performances that give a right to deduct sales tax and as a result the exemption from remittance of sales tax on the rent is terminated, the Business Customer shall no longer owe sales tax on the rent to Multi Storage Roermond, instead, the Business Customer shall owe Multi Storage Roermond such a separate fee in addition to the rent as from the date on which such termination takes effect that it is fully compensated for:
I. The not (any longer) deductible sales tax on the operating costs of the Rented Property or investments therein as a result of the termination of the option for Multi Storage Roermond.
II. The turnover tax that Multi Storage Roermond has to pay to the tax authorities as a result of the termination of the option and recalculation as referred to in Article 15, paragraph 4 of the Turnover Tax Act 1968 or revision as referred to in Articles 11 to 13 of the Turnover Tax Implementing Decision 1968.
III. Any other damages suffered by Multi Storage Roermond due to the termination of the option.
12.7 The financial loss suffered by Multi Storage Roermond as a result of the termination of the option shall always be paid by the Business Customer to Multi Storage Roermond at the same time as the periodic rental price payments and, with the exception of the loss referred to in 12.6 sub I, if possible by an annuity, shall be divided equally over the remaining duration of the current rental period; however, it shall remain immediately, fully and at once due and payable from the Business Customer if the agreement is terminated prematurely for any reason whatsoever.
12.8 The provisions of 12.6(II) shall not apply if at the time of entering into the Agreement the review period for deduction of input tax for the Rent has expired.
12.9 If a situation as referred to in 12.6 arises, Multi Storage Roermond will notify the Business Customer of the amounts Multi Storage Roermond must pay to the tax authorities and provide insight into the other damages as referred to in 12.6 under III.
Multi Storage Roermond will cooperate if the Business Customer wishes to have the statement of Multi Storage Roermond audited by an independent chartered accountant. The cost of this shall be borne by the Business Customer.
12.10 If the Rented Property has not been used in any financial year for the purposes set out in 11.4, the Business Customer shall notify Multi Storage Roermond within four weeks after the end of the relevant financial year with a statement signed by the Business Customer. Within the same period, the Business Customer shall send a copy of that statement to the Sales Tax Inspector.
12.11 If the Business Customer fails to comply with the information obligation as referred to in 12.10 and/or fails to comply with the commissioning obligation as referred to in 12.13, or it appears afterwards that the Business Customer used an incorrect starting point and as a result Multi Storage Roermond, as appears afterwards, has wrongly charged sales tax on the rent, the Business Customer is in default and Multi Storage Roermond is entitled to recover the resulting financial loss from the Business Customer.
This disadvantage concerns the full sales tax that Multi Storage Roermond still owes to the tax authorities, plus interest, any increases, as well as further costs and damages.
In addition to the arrangement shown in 12.6, the contents of this paragraph provide for compensation in the event that the option should be terminated retroactively. Any additional damage resulting for Multi Storage Roermond from such retroactive effect shall be immediately, fully and at once claimable from the Business Customer. Multi Storage Roermond will cooperate if the Business Customer wishes to have the statement of these additional damages of Multi Storage Roermond audited by an independent chartered accountant. The cost of this shall be borne by the Business Customer.
12.12 The provisions set out in 12.6, 12.7, 12.9 and 12.11 are also applicable if Multi Storage Roermond is confronted with damage only after – whether or not interim – termination of the agreement as a result of the termination of the option applicable to the parties; such damage is then also immediately, fully and at once due and payable by Multi Storage Roermond.
12.13 Notwithstanding anything else provided for in this regard in the Agreement, the Business Customer shall in any event, applying the option right, occupy the Rented Property before the end of the fiscal year following the fiscal year in which the Business Customer began renting the Rented Property.
Article 13. Final Provisions
13.1 If any part of the Agreement including these General Terms and Conditions is void or voidable, this shall not affect the validity of the remaining part of the Agreement including these General Terms and Conditions and the By-Laws. In place of the nullified or void part, what is closest to what the parties would have agreed upon if they had known about the nullity or voidability in a legally permissible manner shall then apply as agreed.
13.2 Multi Storage Roermond is entitled to amend the General Terms and Conditions. The Customer will be notified of the change(s) in writing and will be deemed to have agreed to them, unless the Customer has given Multi Storage Roermond written notice to the contrary within six weeks of receipt of the relevant registered letter.
Article 14. Applicable law and competent court
14.1 Disputes regarding the agreement shall be settled by the competent Dutch court, to be decided in first instance by the Subdistrict Court in the place where the Rented Property is located.
14.2 The agreement shall be governed exclusively by Dutch law.
Filed with the Roermond Chamber of Commerce.
No: 72514043