GENERAL TERMS AND CONDITIONS
Loan
This loan agreement is an agreement for Loan for Use (as regulated in Article 1875 et seq. of the former Belgian Civil Code). A Loan for Use is a contract in which one party provides an item to be used, with the obligation for the recipient to return it after use. The Lender remains the owner of the item..
Purpose
The Borrower is obliged to take care of the borrowed item as a prudent and reasonable person. The Borrower may only use the item for the purposes determined by its nature or by the objective stated in this agreement.
Return
The Borrower is obliged to return the borrowed item in the condition in which it was received, except for normal aging and wear. This means returning the item in the condition obtained by following the instructions provided with the borrowed item. The return must take place on the agreed date and at the agreed location.
If the Borrower fails to return the borrowed item, in the case of glassware, in the condition in which it was issued, the Lender has the right, upon the first violation, to issue a warning and deduct the cleaning costs from the deposit. Upon a second violation, the Lender had the right to withhold half of the deposit for the glassware in addition to the cleaning costs. Upon a third violation, the Lender had the right to retain the full deposit for the glassware, claim the cleaning costs, and impose an exclusion from further borrowings for the academic year in question.
Deposit and retention
The Lender is entitled to withhold a deposit during the Loan for Use. If the Borrower does not comply with the agreed return date, the Lender has the right of retention and may keep the deposit until the item is returned.
If the Borrower fails to comply with the agreed date and time of the obligation to return, without prior notice or a valid reason, the Lender has the right to deduct waiting costs from the deposit. Upon a first and second violation, the Lender has the right to issue a warning and deduct the waiting costs from the deposit. Upon a third violation, the Lender has the right to retain the waiting costs from the deposit and impose an exclusion from further borrowings for the academic year in question.
Penalty for damage
If the Borrower causes damage to the borrowed item, as determined by the Lender, the Lender has the right to permanently withhold (part of) the deposit. If the deposit does not cover the damage, the Lender may claim additional compensation from the Borrower. The rates for compensation listed in Annex 1 below are maximum rates, and the Lender may apply a reduction.
Competent court
The courts of Leuven have jurisdiction over all disputes concerning this agreement.