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For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
For rent
This tank can also be rented:
- 6 months € 243/month
- 1 year € 194/month
- 2 years € 175/month
- 3 years € 165/month
- Rent guarantee€ 560
On order
€ 3.495
item available on order
All our tanks can be fitted with various types of agitators
Various adjustments can be made in our workshop !
Technical information
Description of the article
-
ORDER NUMBEREW11152V4N
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Article typebrand new transport tank
-
Additional informationGGVSEB / GGVSea / ADR / RID / IMDG-Code
-
Rental infoThis tank qualifies for long term lease (only for the Belgian and Dutch market, only for food products): 6 months = € 243/month; 1 year = € 194/month; 2 years = € 175/month; 3 years = € 165/month; rent guarantee = € 560.
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Volumetric volume (L)1.000 L
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Max. density P (kg/m³)2.100 kg/m³
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Pressure in tankpressure
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Max. pressure (Bar)0,20 Bar
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Wet parts of tankSS AISI 304 (V2A)
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Modelvertical
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Configurationsingle-skin
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Heat exchangerno
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Insulationno
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Mobile tankno
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Top typeflat
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Shape of tankrectangular
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Bottom typeflat sloping
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Total dischargeyes
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Fixation points4 stackable frame
Overview materials
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Material wet partsSS AISI 304 (V2A)
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Manway(s)RVS 304
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Gasket manway(s)EPDM
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ValveRVS 304
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Gasket shut-off valve (mat)EPDM
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Fixation point(s)galvanised steel
Equipment
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Suitable for food industryno
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Documents includedyes, optional
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Technical drawing includedyes
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Registration plate on the tankyes
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Flange for agitatorno
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Tank outletinside Ø 50 mm
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Outlet typeDIN11850
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Total outlet valveyes
Agitators
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Agitatorno, optional
Wall thicknesses of the inner tank
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Top2 mm
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Cylinder2 mm
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Bottom2 mm
Dimensions of the tank
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Total height of tank1.550 mm
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Total outer width1.015 mm
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Total outer length1.215 mm
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Empty weight tank180 Kg
Purchase possibility (prices excl. VAT):
Unit price for item
Article
€ 3.495
Price without agitator! (see options)
Wood for the transport
€ 0
Total
€
3.495
+ VAT per piece
Delivery
Ex Olen - Belgium
Payment
40% Upon order, balance upon pick-up
GENERAL TERMS AND CONDITIONS OF SALE
Art. 1. DEFINITIONS
Art. 2. ORDER CONFIRMATION
Art. 3. DESCRIPTION OF THE GOODS TO BE SUPPLIED
Art. 4. PRICE
Art. 5. DELIVERY
Art. 6. INSPECTION
Art. 7. TRANSFER OF OWNERSHIP
Art. 8. PAYMENT
Art. 9. GUARANTEES
Art. 10. RIGHT OF LIEN & OBJECTION OF NON-EXECUTION
Art. 11. FORCE MAJEURE
Art. 12. DISCLAIMER
Art. 13. COMPLAINTS & DISPUTES
Art. 1. DEFINITIONS
- Seller: STAES.COM bvba, 2250 OLEN (Belgium), Hoogbuul 44A, CBE: 0450.544.412;
- Buyer: Any party agreeing to buy goods from the seller.
- In writing: All communications, notifications or formal notices are deemed to have been made in writing if they are sent by email, by fax, by registered mail or by ordinary mail.
- Fixed compensation for damages: Any fixed compensation for damages referred to in these terms and conditions serves as an allowance for expenses and efforts made, damage suffered, loss of opportunity and loss of profits due to any contractual default by the buyer or due to the execution of a (unilateral) right by the seller. The fixed compensation for damages relieves the seller of his duty to give proof of the real damage suffered, without prejudice to his right to prove any higher damage. By buying the goods, the buyer confirms that the fixed compensation for damages corresponds to the foreseeable real damage suffered by the seller.
Art. 2. ORDER CONFIRMATION
- The seller shall only be bound by order confirmations that are sent by him. The agreement comes into force upon receipt by the buyer of the seller’s order confirmation. This agreement is fully and solely governed by the general terms and conditions of sale stated in the order confirmation, in the invoices and on the website of the seller, to the exclusion of the buyer’s own terms and conditions, even if the latter are communicated afterwards.
- All cancellations are to be made in writing. They shall only be valid subject to acceptance in writing by the seller. In case of cancellation the customer shall owe a fixed compensation for damages equal to 30% of the sales price agreed upon. This compensation for damages will be settled automatically with any advances already paid or with any other debts the buyer owes to the seller.
Art. 3. DESCRIPTION OF THE GOODS TO BE SUPPLIED
- The subject of the sales agreement is described in the order confirmation and/or at the front page of the invoice. The seller’s obligation to supply is limited to this subject.
Art. 4. PRICE
- The price shall be the price as specified in the offer, unless if het seller finds himself compelled to adjust the price in line with the developments of his fixed and/or variable costs as a result of changes to the structure thereof (raw materials, wages, energy, …). Any price reviews shall occur in compliance with the statutorily permissible standards. In said case, the new price as detailed on the front page of the invoice shall apply.
- All prices are exclusive of VAT.
- All prices are excluding delivery, transport and assembly/fitting, unless if specified otherwise on the front page of the invoice.
Art. 5. DELIVERY
- Delivery times are communicated for informational purposes only and as such are not binding, unless if agreed upon explicitly between the parties. Delays in the delivery time can never give rise to penalties, compensations for damages or the dissolution of the agreement.
- After the sales agreement has come into force as described in art. 2, the buyer is bound to accept the goods he has bought. The buyer must accept the goods within 30 days as from the written notification by the seller, stating that the goods are ready for delivery or collection.
In case the buyer does not observe his duty to accept and remains in default seven days after the seller has sent a written formal notice in this respect, the seller is entitled to dissolve the sales agreement extra-judicially and with immediate effect at the buyer’s expense. In this case the buyer owes to the seller a fixed compensation for damages equal to 30% of the sales price agreed upon. This compensation will be settled automatically with the advance already paid by the buyer.
In case a fixed delivery period has been agreed, it will be stated on the order confirmation and/or on the invoice. The delivery period only starts on the date on which the following requirements are duly met:
- the buyer is in possession of the order confirmation sent by the seller;
- the seller has received the advance agreed upon;
- if necessary, the technical drawing has been signed for approval by the buyer.
Art. 6. INSPECTION
- All goods can be inspected freely at the seller’s premises following appointment by phone. Any non-destructive inspections are allowed, provided they are performed by a certified inspection body. Any expenses relating to such inspections shall be incurred by the buyer.
- The goods can only be sold in the state they are in (“as is”), as known to and inspected by the customer, unless if clearly agreed otherwise in the sales agreement and/or the invoice.
Art. 7. TRANSFER OF OWNERSHIP
- The goods delivered shall remain the property of the seller until payment in full has been received of the principal, including any costs and interests.
- All deliveries of goods take place at the expense and at the risk of the buyer, who should take out an insurance cover to protect himself against any damage.
- If the transport is to be organised by the seller, he will always be considered as being appointed by the buyer.
Art. 8. PAYMENT
- Unless specified otherwise on the invoice, the payments are to be made as follows:
- prior to collection or delivery of the goods;
or
- 40 or 50% advance upon order, according to the specific agreements made;
- the balance prior to collection or delivery. - The collection or delivery of the goods can only take place after payment as stipulated in art. 8.1. If the seller is to transport the goods to the buyer, the former is entitled to take back the goods in case the buyer can not provide any proof of payment of the corresponding sales price. The expenses for such pointless transport are borne by the buyer and no new delivery of the goods can take place until the buyer has paid these expenses.
- If the advance due is not credited to the seller’s account no later than seven days after the buyer has been requested to do so in writing, the seller is entitled, at his own discretion, to suspend the execution of the agreement or to dissolve the agreement ipso jure at the expense of the buyer, without formal notice and with immediate effect by means of a written notification to this effect. In case of dissolution of the agreement a fixed compensation for damages equal to 30% of the total sales price is due to the seller. This compensation for damages is settled automatically with any debts the buyer has against the seller.
- The invoice amount is to be paid net. Discounts and banking costs shall be at the buyer’s expense. Discounts for immediate payment shall be allowed only if they have been explicitly agreed upon beforehand. Such discounts are then calculated in the price reduction agreed upon for the sale.
- In the event of non-payment or late payment of an invoice, the invoice amount shall be increased by a fixed compensation for damages equal to 10% and interests equal to 10% per year shall be due as from the maturity date. The above-mentioned compensation for damages and interests are due ipso jure and without any prior notice. Upon repeated default of payment the seller is entitled to dissolve the sales agreement extra-judicially. In this case the buyer is due a fixed compensation for damages to the seller, equal to 30% of the sales price agreed upon. This compensation for damages will be settled automatically with the advance paid by the buyer.
- Upon non-payment of a single invoice on the maturity date, the balance of all other invoices of the seller, even those that are not yet due, shall become claimable ipso jure with immediate effect.
- Drawing and/or accepting bills of exchange or any other tradable documents shall not entail any renewal of debts or any derogation of the terms and conditions of sale.
- Without prejudice to what has been specified in art. 13.1, invoices must be protested no later than 7 days following the invoice date in case of disputes. The customer shall mention the invoice date and the invoice number.
Art. 9. GUARANTEES
- In the event the seller’s confidence in the solvency of the buyer is undermined as a result of acts of judicial foreclosure against the buyer and/or any other demonstrable events casting doubt on the due execution of the commitments taken on by the buyer and/or making it impossible to remain confident of such due execution, the seller reserves the right to claim appropriate guarantees of the buyer. Should the buyer refuse to give such guarantees, the seller is entitled to cancel the entire order or part thereof unilaterally, even if the goods have already been delivered to the buyer, either as a whole or in part. In such case the buyer owes a compensation for damages equal to 30% of the sales price of the cancelled order to the seller. This compensation for damages can be settled automatically with the advance that has already been paid or with any other debts the buyer has against the seller.
- In case of bankruptcy (or any other form of concurrence or insolvency procedure) of the buyer, all claimable, liquid and transferable claims between the buyer and the seller will be settled automatically, in as far as such settlement is not prohibited by law.
Art. 10. RIGHT OF LIEN & OBJECTION OF NON-EXECUTION
- The buyer and the seller explicitly agree that all goods of the buyer that are located in the warehouses or the workshops of the seller, can be withheld by the seller by means of guarantee for the payment by the buyer of any amounts due for goods already delivered or for works already performed. New goods entrusted by the buyer for processing shall be deemed to replace the processed goods that were already returned. All goods the buyer entrusts to the seller for processing are deemed to be part of one and the same indivisible agreement, even if this agreement is performed in successive parts, comes into force by means of various successive order confirmations and/or if successive invoices are issued for such agreement.
- Any non-execution of commitments by the buyer gives the seller the right to suspend all of his commitments, without any prior notification or formal notice, until full remediation of the non-execution by the buyer. All commitments between the parties are deemed to be part of one and the same indivisible agreement, even if this agreement is performed in successive parts, comes into force by means of various successive order confirmations and/or if successive invoices are issued for such agreement.
Art. 11. FORCE MAJEURE
- Should the following events occur after the agreement has been concluded and prevent the execution of the agreement, they shall be considered to be instances of force majeure: strike, lock-out and any other situations that occur beyond the will of the seller, such as fire, mobilisation, requisitioning, embargo, monetary restrictions, riots, lack of transport means, lack of material, restrictions on the use of driving power, late deliveries by the suppliers of the seller.
- Should such circumstances occur, the time awarded to the seller to comply with his commitments shall be extended and the seller shall not be liable for the delays that have arisen as a result of the above-mentioned events.
- Should said circumstances last for longer than six months, either party shall be entitled to cancel the agreement by means of a registered letter; without any rights to any compensation for damages.
Art. 12. DISCLAIMER
- In all cases, even in case of serious misconduct, the seller’s liability relating to defects in the goods delivered or the works performed by him, shall be limited to a compensation for damages equal to the principal amount of the invoice relating to such goods or works.
Art. 13. COMPLAINTS & DISPUTES
- Complaints are to be made in writing no later than fourteen days after delivery. Complaints made at a later date are inadmissible.
- Complaints relating to hidden defects must be made in writing to the seller immediately upon discovery and no later than 6 months after delivery. Complaints made at a later date are inadmissible.
- In case of disputes only the courts of Turnhout (Belgium) shall have jurisdiction, with the proviso that for disputes falling under the material jurisdiction of the Justice of the Peace, only the Justice of the Peace Court of Herentals (Belgium) shall have jurisdiction.
- The relationship between the buyer and the seller is governed solely by Belgian law, excluding the law resulting from the Vienna Convention of April 11, 1980 on international sales agreements relating to moveable property.
- All costs pertaining to the recovery of outstanding debts through the courts, including solicitor’s fees, shall be recovered from the buyer.
LEASE AGREEMENT
BETWEEN :
BVBA Staes.com, having its registered office at 2260 Westerlo, Nijverheidsstraat 48 box A, company number 0450.544.412, hereby represented by Mr. Ruddy Staes, in his capacity of manager;
hereafter called ‘the Lessor’;
AND:
[BVBA/NV/CVBA/VOF/…] [NAME], having its registered office at [ADDRESS], company number [TO BE COMPLETED], hereby represented by [NAME], in his capacity of [TITLE];
Mr./Mrs.* [NAME], registered at [ADDRESS], company number [CBE - TO BE COMPLETED];
*Delete that which does not apply
hereafter called ‘the Lessee’;
together called “the Parties”;
THE FOLLOWING HAS BEEN AGREED :
Article 1 : Definitions
In this agreement the following words written with a capital letter have the following meaning:
Addendum/Addenda: the annexe(s) to the Agreement forming an integrated part of the Agreement.
Analysis: various tests carried out on the Tank(s) in order to ascertain their state and possible defects and especially to ascertain possible metal fatigue.
End date: the date agreed upon by the Parties on which the Agreement will come to an end, or the termination date according to Article 12.
Acknowledgment of Receipt: CMR (bill of lading) to be signed by the Parties upon delivery of the Tank(s).
Agreement: the present LEASE AGREEMENT, including the Addenda, between the Lessor and the Lessee.
Tank(s): the tank(s) and any other equipment to which the Agreement relates and that are listed in the Addendum/de Addenda.
Restitution: restitution of the Tank(s) by the Lessee after the Agreement has come to an end. CMR (bill of lading) to be signed by the Parties upon restitution of the Tank(s).
Article 2 : Subject of the Agreement
2.1. The Lessor leases out the Tank(s) as described in Addendum 1 to the Lessee, who accepts. Any remarks must be mentioned on the CMR (bill of lading) upon delivery or Restitution.
2.2. The Tank(s) do not carry the CE label, unless if stipulated by the Parties in Addendum 1.
Article 3 : Delivery and acceptance of the Tank(s)
3.1. The Tank(s) will be delivered by the Lessor at the registered office of the Lessee, unless if agreed otherwise by the Parties.
3.2. The Lessee must ensure that the location where the Tank(s) is/are to be placed is freely accessible and clear and that the subsoil is plain and smooth. The Lessee must assess whether the subsoil is appropriate for the (point) load and the total load of the full tank, taking into account the wind load.
3.3. If the Tank(s) is/are to be mounted outside, it/they must be anchored by a certified company at the Lessee’s expense. This only applies to vertical tanks.
3.4. The Parties will sign the Acknowledgment of Receipt (Addendum 2) upon delivery.
Article 4 : Term of the lease
4.1. The Agreement is entered into for a period of [NUMBER] months/years*.
* Delete that which does not apply
4.2. The Agreement takes effect on the delivery date (date mentioned on the CMR). The delivery is scheduled in the week following the receipt of the [first]* invoice amount.
*Delete if not applicable: in case of a single payment
4.3. Subject to a written notice of at least [NUMBER] months before the End Date by one of the Parties, the Agreement will be tacitly renewed at the end of the anticipated term, for the same term as stipulated in Article 4.1 of the Agreement.
Article 5 : Rent
5.1. The rental fee amounts to € [PRICE] (i.e. [PRICE] + [PRICE] transport costs) and must be paid [on a monthly basis]* in accordance with the terms and conditions mentioned on the invoice. The rental fee includes any costs for delivery, transport incl. unloading of the tank(s) next to the truck and the return transport. Installation, implementation of the Tank(s), cleaning at the end of the LEASE AGREEMENT and any Analyses (see articles 13.4 and 13.5) are at the Lessee’s expense.
* Delete that which does not apply in case of lease term > 6 months!
5.2. The leased goods are indexed.
5.3. In case of default of payment on the due date, all amounts due to the Lessor by the Lessee are automatically, ipso jure and without any prior notice, increased with interests on arrears amounting to 8 % per year and with a flat-rate indemnity of 10 %.
Article 6 : Property of the Tank(s) – Markings
The Lessee commits to making clear at all times against third parties that the Tank(s) is/are the exclusive property of the Lessor or not to remove any such markings applied by the Lessor.
Article 7 : Use, state, maintenance and repairs of the Tank(s)
7.1. Use of the Tank(s)
7.1.1. The Lessee commits to using and treating the Tank(s) with due and proper care and in accordance with the statutory and regulatory stipulations regarding the use and the intended purpose of the Tank(s).
7.1.2. The Lessee commits to using the Tank(s) for no other purposes/products than those mentioned in Addendum 1.
7.1.3. The Lessee commits to complying with the Lessor’s instructions for use, especially relating to the strict compliance with the instructions mentioned in Addendum 3 (TANKDOCS) relating to the use, the installation and any relocation of the Tank(s).
7.2. State and maintenance of the Tank(s)
7.2.1. The Lessee commits to monitoring the good state and smooth running of the Tank(s).
7.2.2. Without prior written consent of the Lessor, the Lessee is not entitled to make/have made any modifications to the Tank(s), nor to remove the Tank(s) from the grounds, the building or the complex of delivery.
7.2.3. The Lessor is entitled to ascertain during the office hours whether the Tank(s) is/are present, which state it/they is/are in and in which circumstances it/they is/are being used, provided that such visit has been announced in writing 24 hrs in advance.
7.2.4. The Lessee is responsible for the maintenance of the Tank(s), always taking into account the state of the art, as well as instructions stipulated in Addendum 3 (TANKDOCS).
7.3. Repairs of the Tank(s)
All repairs are at the Lessee’s expense. The Parties waive the application of Article 1720, paragraph 2 of the Civil Code.
Article 8 : Legal claims and risks
8.1. Third party legal claims relating to the Tank(s)
8.1.1. The Lessee must inform the Lessor immediately of any claims relating to the Tank(s), initiated by third parties, either by virtue of a seizure or in any other way. He must inform the third party immediately of the existence of the Agreement.
8.1.2. The Lessee safeguards the Lessor against any third-party redress relating to the Tank(s) or against any damage caused by the Tank(s), subject to Article 8.2.2 of the Agreement.
8.2. Risks and liabilities
8.2.1. As a result of the signing of the Acknowledgment of Receipt and subject to Article 8.2.2, the Lessee waives the possibility to rely on Article 1721 of the Civil Code and as such releases the Lessor of any possible liability regarding the Tank(s), especially relating to the conformity, the use or any damages suffered by or caused by the Tank(s).
8.2.2. The Lessor only needs to safeguard the Lessee in case of damage resulting from hidden defects. In such case the Lessor’s liability is always limited to the direct damage suffered by the Lessee due to the relevant defects of the Tank(s), not exceeding the new value of the Tank(s), excluding loss of revenue.
8.2.3. The Lessor is not bound to compensate any damage if the Lessee has not used the Tank(s) for the agreed intended purpose (Addendum 1) or in accordance with Article 7.
8.2.4. By way of derogation from Article 1722 of the Civil Code, the Lessee bears all the risks relating to damage, loss and destruction, either complete or partial, of the Tank(s) until the Restitution date, irrespective of the causes, including force majeure or unforeseeable circumstances.
8.2.5. The Lessee notifies the Lessor within three working days in case of destruction (either partial or complete) of the Tank(s).
Article 9 : Insurances
9.1. The Lessee commits to taking out an insurance for loss of/damage to the Tank(s) for the full term of the Agreement.
9.2. The Lessee shall transmit a copy of the insurance policy, signed by the insurance company, to the Lessor. The Lessee shall inform the Lessor immediately in case of any changes to this policy.
Article 10 : Sublease/Transfer
Subject to prior written consent of the Lessor, the Lessee is not entitled to sublease or transfer the Tank(s) or to put the Tank(s) at the disposal of third parties, either in part or completely.
Article 11 : Securities
The Lessee is not entitled to encumber the Tank(s) with any type of tangible or personal liabilities or sureties.
Article 12 : Resolution and repudiation
12.1. The Lessor has the right to repudiate the Agreement at the Lessee’s expense, automatically and ipso jure and without any prior written notice if:
This flat-rate indemnity only concerns and only covers the damage suffered by the Lessor as a result of the non-compliance by the Lessee of his obligations, excluding all sums remaining due by the Lessee, such as past due rent, costs for repairing the Tank(s) after the Restitution, as well as interests on arrears on these amounts, without this list being complete.
Article 13 : Restitution – Cleaning– Analysis
13.1. At the end of the Agreement, irrespective of the method of termination, the Lessee must return the Tank(s) in good working order, barring normal tear and wear.
13.2. The Restitution takes place no later than one week after the End Date.
13.3. All delays in the Restitution of the Tank(s) that are due to the Lessee, shall lead ipso jure and without any prior formal notice to the payment by the Lessee of one additional month’s rent per month started.
13.4. Prior to the Restitution the Lessee must have the Tank(s) cleaned by a certified cleaning company. The cleaning certificate must be presented to the Lessor prior to the Restitution.
13.5. If the Tank(s) are not returned in accordance with the rules, the Lessor will have the Tank(s) analysed at the Lessee’s expense. Should this Analysis reveal that the Lessee has used the Tank(s) for another purpose than the one intended in Addendum 1, the Lessee must pay the compensation estimated in accordance with Article 12.2, without prejudice to the Lessor’s right to prove that the damages are higher.
13.6. If the Tank(s) shows/show visible defects which have not been mentioned in the description in Addendum 1 or if the comparison between the Analyses before receipt and after Restitution reveals that the Lessee has not maintained the Tank(s) properly or in accordance with the terms of the Agreement, the Lessee must pay a flat-rate compensation estimated in accordance with Article 12.2, without prejudice to the Lessor’s right to prove that the damages are higher.
Article 14 : Deposit
14.1. When entering into the Agreement, the Lessee must pay a deposit amounting to € 2,500.00 to the bank account specified by the Lessor.
14.2. The amount of the deposit will be reimbursed to the Lessee after expiry of the Agreement insofar the Tank(s) has/have been returned, after deduction of any damage (including rent backlog) the Lessor is entitled to in accordance with this Agreement.
14.3. The Parties agree that the deposit safeguards the payment of any amount the Lessee would be due to the Lessor in accordance with the Agreement.
Article 15 : Applicable law and jurisdiction
15.1. The Agreement is subject to Belgian law.
15.2. The courts of the district of Hasselt have the exclusive competency for any disputes relating to the Agreement.
Drawn up in [LOCATION] on [DATE] in two original copies of which each party acknowledges to have received an original copy.
The Lessor The Lessee
Addenda:
BETWEEN :
BVBA Staes.com, having its registered office at 2260 Westerlo, Nijverheidsstraat 48 box A, company number 0450.544.412, hereby represented by Mr. Ruddy Staes, in his capacity of manager;
hereafter called ‘the Lessor’;
AND:
[BVBA/NV/CVBA/VOF/…] [NAME], having its registered office at [ADDRESS], company number [TO BE COMPLETED], hereby represented by [NAME], in his capacity of [TITLE];
Mr./Mrs.* [NAME], registered at [ADDRESS], company number [CBE - TO BE COMPLETED];
*Delete that which does not apply
hereafter called ‘the Lessee’;
together called “the Parties”;
THE FOLLOWING HAS BEEN AGREED :
Article 1 : Definitions
In this agreement the following words written with a capital letter have the following meaning:
Addendum/Addenda: the annexe(s) to the Agreement forming an integrated part of the Agreement.
Analysis: various tests carried out on the Tank(s) in order to ascertain their state and possible defects and especially to ascertain possible metal fatigue.
End date: the date agreed upon by the Parties on which the Agreement will come to an end, or the termination date according to Article 12.
Acknowledgment of Receipt: CMR (bill of lading) to be signed by the Parties upon delivery of the Tank(s).
Agreement: the present LEASE AGREEMENT, including the Addenda, between the Lessor and the Lessee.
Tank(s): the tank(s) and any other equipment to which the Agreement relates and that are listed in the Addendum/de Addenda.
Restitution: restitution of the Tank(s) by the Lessee after the Agreement has come to an end. CMR (bill of lading) to be signed by the Parties upon restitution of the Tank(s).
Article 2 : Subject of the Agreement
2.1. The Lessor leases out the Tank(s) as described in Addendum 1 to the Lessee, who accepts. Any remarks must be mentioned on the CMR (bill of lading) upon delivery or Restitution.
2.2. The Tank(s) do not carry the CE label, unless if stipulated by the Parties in Addendum 1.
Article 3 : Delivery and acceptance of the Tank(s)
3.1. The Tank(s) will be delivered by the Lessor at the registered office of the Lessee, unless if agreed otherwise by the Parties.
3.2. The Lessee must ensure that the location where the Tank(s) is/are to be placed is freely accessible and clear and that the subsoil is plain and smooth. The Lessee must assess whether the subsoil is appropriate for the (point) load and the total load of the full tank, taking into account the wind load.
3.3. If the Tank(s) is/are to be mounted outside, it/they must be anchored by a certified company at the Lessee’s expense. This only applies to vertical tanks.
3.4. The Parties will sign the Acknowledgment of Receipt (Addendum 2) upon delivery.
Article 4 : Term of the lease
4.1. The Agreement is entered into for a period of [NUMBER] months/years*.
* Delete that which does not apply
4.2. The Agreement takes effect on the delivery date (date mentioned on the CMR). The delivery is scheduled in the week following the receipt of the [first]* invoice amount.
*Delete if not applicable: in case of a single payment
4.3. Subject to a written notice of at least [NUMBER] months before the End Date by one of the Parties, the Agreement will be tacitly renewed at the end of the anticipated term, for the same term as stipulated in Article 4.1 of the Agreement.
Article 5 : Rent
5.1. The rental fee amounts to € [PRICE] (i.e. [PRICE] + [PRICE] transport costs) and must be paid [on a monthly basis]* in accordance with the terms and conditions mentioned on the invoice. The rental fee includes any costs for delivery, transport incl. unloading of the tank(s) next to the truck and the return transport. Installation, implementation of the Tank(s), cleaning at the end of the LEASE AGREEMENT and any Analyses (see articles 13.4 and 13.5) are at the Lessee’s expense.
* Delete that which does not apply in case of lease term > 6 months!
5.2. The leased goods are indexed.
5.3. In case of default of payment on the due date, all amounts due to the Lessor by the Lessee are automatically, ipso jure and without any prior notice, increased with interests on arrears amounting to 8 % per year and with a flat-rate indemnity of 10 %.
Article 6 : Property of the Tank(s) – Markings
The Lessee commits to making clear at all times against third parties that the Tank(s) is/are the exclusive property of the Lessor or not to remove any such markings applied by the Lessor.
Article 7 : Use, state, maintenance and repairs of the Tank(s)
7.1. Use of the Tank(s)
7.1.1. The Lessee commits to using and treating the Tank(s) with due and proper care and in accordance with the statutory and regulatory stipulations regarding the use and the intended purpose of the Tank(s).
7.1.2. The Lessee commits to using the Tank(s) for no other purposes/products than those mentioned in Addendum 1.
7.1.3. The Lessee commits to complying with the Lessor’s instructions for use, especially relating to the strict compliance with the instructions mentioned in Addendum 3 (TANKDOCS) relating to the use, the installation and any relocation of the Tank(s).
7.2. State and maintenance of the Tank(s)
7.2.1. The Lessee commits to monitoring the good state and smooth running of the Tank(s).
7.2.2. Without prior written consent of the Lessor, the Lessee is not entitled to make/have made any modifications to the Tank(s), nor to remove the Tank(s) from the grounds, the building or the complex of delivery.
7.2.3. The Lessor is entitled to ascertain during the office hours whether the Tank(s) is/are present, which state it/they is/are in and in which circumstances it/they is/are being used, provided that such visit has been announced in writing 24 hrs in advance.
7.2.4. The Lessee is responsible for the maintenance of the Tank(s), always taking into account the state of the art, as well as instructions stipulated in Addendum 3 (TANKDOCS).
7.3. Repairs of the Tank(s)
All repairs are at the Lessee’s expense. The Parties waive the application of Article 1720, paragraph 2 of the Civil Code.
Article 8 : Legal claims and risks
8.1. Third party legal claims relating to the Tank(s)
8.1.1. The Lessee must inform the Lessor immediately of any claims relating to the Tank(s), initiated by third parties, either by virtue of a seizure or in any other way. He must inform the third party immediately of the existence of the Agreement.
8.1.2. The Lessee safeguards the Lessor against any third-party redress relating to the Tank(s) or against any damage caused by the Tank(s), subject to Article 8.2.2 of the Agreement.
8.2. Risks and liabilities
8.2.1. As a result of the signing of the Acknowledgment of Receipt and subject to Article 8.2.2, the Lessee waives the possibility to rely on Article 1721 of the Civil Code and as such releases the Lessor of any possible liability regarding the Tank(s), especially relating to the conformity, the use or any damages suffered by or caused by the Tank(s).
8.2.2. The Lessor only needs to safeguard the Lessee in case of damage resulting from hidden defects. In such case the Lessor’s liability is always limited to the direct damage suffered by the Lessee due to the relevant defects of the Tank(s), not exceeding the new value of the Tank(s), excluding loss of revenue.
8.2.3. The Lessor is not bound to compensate any damage if the Lessee has not used the Tank(s) for the agreed intended purpose (Addendum 1) or in accordance with Article 7.
8.2.4. By way of derogation from Article 1722 of the Civil Code, the Lessee bears all the risks relating to damage, loss and destruction, either complete or partial, of the Tank(s) until the Restitution date, irrespective of the causes, including force majeure or unforeseeable circumstances.
8.2.5. The Lessee notifies the Lessor within three working days in case of destruction (either partial or complete) of the Tank(s).
Article 9 : Insurances
9.1. The Lessee commits to taking out an insurance for loss of/damage to the Tank(s) for the full term of the Agreement.
9.2. The Lessee shall transmit a copy of the insurance policy, signed by the insurance company, to the Lessor. The Lessee shall inform the Lessor immediately in case of any changes to this policy.
Article 10 : Sublease/Transfer
Subject to prior written consent of the Lessor, the Lessee is not entitled to sublease or transfer the Tank(s) or to put the Tank(s) at the disposal of third parties, either in part or completely.
Article 11 : Securities
The Lessee is not entitled to encumber the Tank(s) with any type of tangible or personal liabilities or sureties.
Article 12 : Resolution and repudiation
12.1. The Lessor has the right to repudiate the Agreement at the Lessee’s expense, automatically and ipso jure and without any prior written notice if:
- the Lessee fails to pay the monthly rent;
- the Lessee fails to pay the contributions due by virtue of the insurance policy stipulated in Article 9;
- the Lessee uses the Tank(s) or has it/them used for illegitimate purposes or for any other intended purpose than the one mentioned in the Agreement;
- the Lessee fails to comply with his contractual or legal obligations within 20 days after having received an explicit formal notice to do so from the Lessor;
- in case of any special circumstances endangering the activities or the solvency of the Lessee, more specifically in case of bankruptcy, suspension of payments, request for judicial settlement or initiation of a procedure by virtue of the law relating to the continuity of undertakings, or in case of financial difficulties which are publicly known, such as appearing from seizures or protested bills of change, liquidation, or stoppage of operations.
This flat-rate indemnity only concerns and only covers the damage suffered by the Lessor as a result of the non-compliance by the Lessee of his obligations, excluding all sums remaining due by the Lessee, such as past due rent, costs for repairing the Tank(s) after the Restitution, as well as interests on arrears on these amounts, without this list being complete.
Article 13 : Restitution – Cleaning– Analysis
13.1. At the end of the Agreement, irrespective of the method of termination, the Lessee must return the Tank(s) in good working order, barring normal tear and wear.
13.2. The Restitution takes place no later than one week after the End Date.
13.3. All delays in the Restitution of the Tank(s) that are due to the Lessee, shall lead ipso jure and without any prior formal notice to the payment by the Lessee of one additional month’s rent per month started.
13.4. Prior to the Restitution the Lessee must have the Tank(s) cleaned by a certified cleaning company. The cleaning certificate must be presented to the Lessor prior to the Restitution.
13.5. If the Tank(s) are not returned in accordance with the rules, the Lessor will have the Tank(s) analysed at the Lessee’s expense. Should this Analysis reveal that the Lessee has used the Tank(s) for another purpose than the one intended in Addendum 1, the Lessee must pay the compensation estimated in accordance with Article 12.2, without prejudice to the Lessor’s right to prove that the damages are higher.
13.6. If the Tank(s) shows/show visible defects which have not been mentioned in the description in Addendum 1 or if the comparison between the Analyses before receipt and after Restitution reveals that the Lessee has not maintained the Tank(s) properly or in accordance with the terms of the Agreement, the Lessee must pay a flat-rate compensation estimated in accordance with Article 12.2, without prejudice to the Lessor’s right to prove that the damages are higher.
Article 14 : Deposit
14.1. When entering into the Agreement, the Lessee must pay a deposit amounting to € 2,500.00 to the bank account specified by the Lessor.
14.2. The amount of the deposit will be reimbursed to the Lessee after expiry of the Agreement insofar the Tank(s) has/have been returned, after deduction of any damage (including rent backlog) the Lessor is entitled to in accordance with this Agreement.
14.3. The Parties agree that the deposit safeguards the payment of any amount the Lessee would be due to the Lessor in accordance with the Agreement.
Article 15 : Applicable law and jurisdiction
15.1. The Agreement is subject to Belgian law.
15.2. The courts of the district of Hasselt have the exclusive competency for any disputes relating to the Agreement.
Drawn up in [LOCATION] on [DATE] in two original copies of which each party acknowledges to have received an original copy.
The Lessor The Lessee
Addenda:
- Order confirmation with description of the Tank(s) and the product(s) to be stored
- CMR (bill of lading) for the delivery
- General information and instructions for use (TANKDOCS)
- CMR (bill of lading) for the Restitution
This document ’TANKDOCS’ is merely a reminder and a tool to prevent any general damage and/or injuries and is not complete. The tasks mentioned in this document may only be performed by skilled technical staff holding the VCA certificate.
NOTES RELATING TO THE STORAGE TANKS OF STAES.COM:
1. GENERAL INFORMATION: (Also refer to the related offer).
1.1. TYPE OF MATERIAL:
The end-user must make sure that the type of material the storage tank is made of, including any seals the storage tank is equipped with, are suitable for his product.
1.2. CODE OF CONSTRUCTION:
The end-user must make sure that the code of construction used (in case the tank was built according to a code of construction) is suitable for his application!!
1.3. LEGISLATION RELATING TO STORAGE:
All storage tanks delivered by Staes.com are only suitable for storing liquids that are neutral, not dangerous and not subject to specific legislation relating to the storage of liquids, such as VLAREM, ATEX, or other laws (unless if mentioned differently in our offer for the relevant tank).
1.4. ATMOSPHERIC STORAGE TANKS:
Unless if mentioned differently in the offer, the storage tank is only intended for the atmospheric storage of liquid products with a density of 1 kg/dm3 at ambient temperature. An atmospheric storage tank is a non-pressurised tank that is only suitable for storing a liquid product under hydrostatical pressure.
1.5. CE LABEL:
The storage tanks delivered by Staes.com are not equipped with the CE label, unless if mentioned differently in our offer for the relevant tank. If a CE label is required, the end-user must adapt the tank to make it CE compatible (if possible). If a document is required in accordance with directive 2006/42/CE relating to machines, this can be supplied for certain tanks. Usually the CE label is required for rotating/moving components and/or tanks falling within the scope of PED (European pressure equipment directive for gasses and liquids). Given that a tank is part of a complete installation, the client must draw up an operating manual and a safety directive for the whole in accordance with his industry and with the general safety directives of his company.
1.6. DECLARATION SUITABILITY FOR FOOD PRODUCTS:
If the end-user wants to use the tank for food products, this must be mentioned to Staes.com in advance in order to allow Staes.com to advise the client on the relevant tank and if possible to draw up a declaration relating to the suitability for food products in accordance with directives 80/590/EEC – 89/109/EEC – 89/107/EEC – 80/590/EEC – 89/109/EEC.
1.7. CLEANING:
Before using a storage tank, the client must clean the tank thoroughly. This applies both to new and second-hand tanks. Tanks that were previously used for chemicals must never be used for food products, not even if they have been cleaned thoroughly. Make sure to use the suitable cleaning products that will not affect the tank and its seals.
1.8. FOUNDATION:
- The end-user must make sure that the foundation is suitable for the (concentrated) load and the total load of the full tank, also taking into account the wind load.
- Storage tanks that are placed outdoors must be anchored by a certified company.
- Storage tanks in vertical position must be placed perpendicularly.
- The foundation must be level and smooth.
- Tanks with a flat base must be fully supported.
1.9. OPERATORS:
A storage tank must only be operated by skilled technical staff.
2. SAFETY AND USE:
2.1. ENTERING THE INSIDE OF A STORAGE TANK:
- A task and risk analysis must be performed before entering a storage tank.
- Storage tanks must only be entered by healthy and skilled staff holding the VCA certificate.
- Never enter the inside of a tank unless it has been ventilated, cleaned and neutralised. If one is not sure that this has happened, the necessary measurements need to be performed in advance. - Never enter a storage tank that has not been earthed without making sure that the tank has been statically discharged.
- Only enter the inside of a tank while a second person is supervising.
- Only enter a tank when wearing clean and neutral shoes with rubber soles.
- If the tank has been fitted with an agitator, the electric power of the latter must be turned off completely at the power supply before entering the inside of the tank.
- If the tank has been fitted with a filling pump, the electric power of the latter must be turned off completely at the power supply before entering the inside of the tank.
- If the tank has been fitted with a heat exchanger, the electric power of the latter must be turned off completely at the power supply before entering the inside of the tank.
2.2. STEPPING ON THE ROOF OF A STORAGE TANK:
- A task and risk analysis must be performed before stepping on the roof of a storage tank.
- Only step on the roof of a storage tank if the tank has been specifically designed and calculated for this type of operation. Never step on the roof of a storage tank without having checked this and without being absolutely sure.
- Never step on the roof of a tank without wearing a safety harness with external lanyard, even if the tank is equipped with a safety rail.
- Product fumes may corrode the roof from the inside out, rendering it too weak to carry an external weight. This must always be checked in advance. Never step on the roof of a tank unless the situation is safe.
- Only healthy and skilled staff holding the VCA certificate should step on the roof of a storage tank.
- Only step on the roof of a tank while a second person is supervising.
- Only step on the roof of a tank when wearing clean and neutral shoes with rubber soles.
- Never step on a storage tank that has not been earthed without making sure that the tank has been statically discharged.
- Never step on the roof of a storage tank while the tank is being filled or emptied. 2/5
- Always take into account the ventilation on top of the tank when stepping on the roof of the tank. The ventilation must not be covered.
- If the tank has been fitted with a heat exchanger, the electric power of the latter must be turned off completely at the power supply before stepping onto the roof of the tank.
2.3. SOME REMINDERS
- If the shut-off valve of a tank is opened, the product will leak out of the tank, also through various pumps fitted to the outlet.
- Atmospheric storage tanks must always be equipped with a ventilation device at the top. One of the connections on top must be used for this purpose. Upon filling and emptying the storage tank a draft ventilation will occur and this should be able to pass via the ventilation device.
- Regularly check if the ventilation device is not blocked, especially when it is freezing.
- Atmospheric storage tanks are non-pressurised storage tanks, even during filling and emptying operations. The flow rates mentioned must be respected.
- Overpressure or underpressure must be avoided in all instances on atmospheric tanks.
- Hot CIP of a tank causes overpressure and underpressure and your tank must be suitable for this purpose. Unless if mentioned otherwise in the relevant offer, no hot CIP must be performed on the tanks.
- Never fill nor blow out an atmospheric tank with compressed air.
- When filling and emptying the tank with flexibles, vibrations and shocks to the tank and its outlet must be avoided.
- The product’s density/temperature must not be higher than the maximum density/temperature stipulated in the offer.
- All storage tanks must be anchored!!
- Storage tanks must only be lifted if they are empty and if they are lifted by all hoisting eyes.
- Storage tanks must only be operated by skilled technical staff.
3. MANIPULATING STORAGE TANKS
3.1. LIFTING/DISCHARGING STORAGE TANKS
- A task and risk analysis must be performed before lifting a storage tank.
- Tanks must only be handled and manipulated by skilled staff/contractors holding a VCA certificate.
- Storage tanks must only be lifted when they are empty, unless if they were built specifically for this purpose (see the offer or contact Staes.com).
- Never lift a tank positioned horizontally from below using the forks of a forklift truck.
- Never lift a tank positioned vertically from below using the forks of a forklift truck.
- Always lift a storage tank from above using hoisting bands, never use steel chains.
- Only use clean nylon bands containing no iron in order to avoid corrosion and/or scratches.
- Always check the hosting bands for wear and tear.
- It is advisable to always lift a horizontally positioned tank by the hoisting eyes at the top and at the feet at the other side. Lifting a storage tank with a cross-road and 2 long flat bands underneath the body of the tank may cause scratches on the body.
- A storage tank must always be lifted equally. If only one side is lifted at the beginning of the hoisting operation, one must lower the tank again and adjust the length of the hoisting bands until the tank is lifted equally.
- It is advisable to always lift a horizontally positioned tank at both ends with 2 separate hoisting devices.
 Fig. 1 |
 Fig. 2 |
 Fig. 3 |
Fig. 1 : Ideally use 2 cranes. Fig. 2 : Forklift truck with 2 hosting bands, make sure the tank is raised horizontally. Fig. 3 : NEVER A LIFT A TANK FROM BELOW USING THE FORKS OF A FORKLIFT TRUCK. |
3.2. PUTTING A STORAGE TANK IN UPRIGHT POSITION
- A task and risk analysis must be performed before putting a storage tank in upright position.
- Putting a storage tank in upright position must always performed by skilled staff/contractors holding the VCA certificate.
- Putting a storage tank in upright position must always be done using a crane at both ends.
- These manipulation tasks must only be performed on a suitable foundation.
- The foundation on which the tank is placed must be suitable for this purpose, also refer to 1.8.
- Storage tanks in vertical position must be placed perpendicularly.
- Storage tanks with a flat bottom must be placed on a clean and level foundation. If the flat bottom has a specific gradient of slope, the foundation must be adapted to the same gradient of slope. A flat bottom must be fully supported by the foundation.
3.3. LAYING DOWN A SINGLE-JACKETED STORAGE TANK
- When a single-jacketed storage tank is laid down horizontally, it must only be supported at the crosscut side. The crosscut sides are the welding seams where the tank cylinder is welded to the bottom of the tank. This is the only part of the tank that is strong enough to carry its own weight (fig.4) (fig.5). Upon delivery we always supply beams and buffers the client may keep.
 Fig. 4 |
 Fig. 5 |
3.4 LAYING DOWN AN INSULATED STORAGE TANK
- In order to lay down insulated storage tanks without causing any damage, special buffers must be made.
3.5. STORING TANKS AT THE END-USER’S PREMISES
- If the end-users stores the storages tanks in horizontal position at his premises, he needs to make sure that they are positioned wind-proof on the buffers and beams that are supplied.
4. LEAKAGE CONTROL BEFORE COMMISSIONING
- After having manipulated, assembled and connected the storage tank it is appropriate to perform a hydrostatic leakage test in order to make sure that all pipes, pumps, seals, ... have been assembled correctly.
