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**General Terms and Conditions**

1. Definitions
1. General Terms and Conditions: these general terms and conditions used by Terzol Heavy Equipment N.V.
2. Contractor: Terzol Heavy Equipment N.V.
3. Client: the counterparty of Terzol Heavy Equipment N.V., being a natural person, legal entity, or someone acting in the course of a profession or business, to whom Terzol Heavy Equipment N.V. has provided any quotation, made any offer, or with whom it has entered into an agreement.
4. Quotation: the document prepared by Terzol Heavy Equipment N.V. specifying an offer and, if applicable, its execution.
5. Agreement: any written or oral agreement concluded between Terzol Heavy Equipment N.V. and the Client in accordance with the provisions of the agreement, any amendments or additions thereto, as well as all (legal) actions taken in preparation and execution of that agreement. The agreement between Terzol Heavy Equipment N.V. and the Client is concluded at the moment the Client accepts the offer, for which the General Terms and Conditions have been made available to the Client.
6. Services: all services for which an assignment has been given or which are otherwise performed by Terzol Heavy Equipment N.V., in the broadest sense of the word, including in any case the activities as specified in the agreement or any activities that may be useful for the given assignment and the goods supplied by Terzol Heavy Equipment N.V. in connection therewith.
7. Additional Work: additional activities/operations/deliveries by Terzol Heavy Equipment N.V. not already included in the Agreement and thus exceeding its obligation to complete and deliver the originally agreed-upon work.
8. Deduction Work: reductions in the agreed-upon activities/operations/deliveries.
9. “Written” in these general terms and conditions means: by letter, by e-mail, by fax or any other means of communication that, given the state of the art and prevailing social standards, can be considered equivalent.

**Article 1 Applicability**
1.1 These general terms and conditions apply to all quotations, all agreements to be concluded, and the agreements resulting therefrom regarding earthmoving and related activities, as well as regarding the rental and leasing of tools and machinery (manned or unmanned) for the aforementioned activities, and activities, in the broadest sense of the word.
1.2 In case of conflict between the content of the agreement concluded between the client and the contractor and these general terms and conditions, the provisions of the agreement shall prevail.
1.3 The possible non-applicability of (part of) a provision of these general terms and conditions shall not affect the applicability of the other provisions.
1.4 On contracts and activities regarding the rental of (un)manned equipment, in addition to these terms and conditions, the specifically relevant part (part II) of the conditions shall apply.
1.5 On contracts and activities concerning foundation works, in addition to these terms and conditions, the UWS 1996 shall apply. Where the UWS 1996 refers to “contractor,” Terzol Heavy Equipment N.V. is meant.
1.6 Terzol Heavy Equipment N.V. is entitled to amend or supplement these General Terms and Conditions. Minor amendments can be made at any time. Major substantive changes will be discussed (in advance) with the Client. Additions or deviations are only valid if expressly agreed in writing.

**Article 2 Offers, Conclusion of Agreement**
2.1 Terzol Heavy Equipment N.V. accompanies each quotation with a copy of these General Terms and Conditions.
2.2 The quotations or offers made by Terzol Heavy Equipment N.V., however named, are entirely without obligation and valid for 7 days, unless otherwise agreed in writing.
2.3 A composite quotation or offer does not obligate Terzol Heavy Equipment N.V. to perform part of it at a corresponding part of the quoted price.
2.4 Terzol Heavy Equipment N.V. cannot be bound by its quotations or offers if the Client, in terms of reasonableness and fairness and according to customary social standards, should have understood that the quotation or offer or a part thereof contained an obvious mistake or clerical error.
2.5 Quotations or offers are not automatically valid for future orders.
2.6 The prices and rates stated in quotations or offers are exclusive of VAT unless expressly stated otherwise. All prices are in euros unless otherwise specified.
2.7 The prices and rates stated are, unless explicitly specified, exclusive of any costs, such as travel expenses and declarations of third parties.
2.8 The quotation or offer is based on the information provided by the Client and the documents submitted. The Client is responsible for the accuracy, completeness, and reliability thereof, even if they originate from third parties. If the information provided proves to be incorrect or incomplete or subsequently changes, Terzol Heavy Equipment N.V. has the right to adjust the prices, rates, and/or delivery times specified at its discretion.

**Article 3 Delivery Time/Execution Period**
Any completion periods provided by Terzol Heavy Equipment N.V. are determined with the expectation that there are no obstacles for Terzol Heavy Equipment N.V. in the execution of the Services. The specified completion period shall never qualify as a strict deadline, unless expressly agreed otherwise.

**Article 4 Rental**
4.1 The Contractor undertakes to provide the agreed-upon tool or machine with equipment and/or crew in good condition for the agreed-upon period, just as the Client is obliged to accept the Contractor’s equipment within the agreed-upon period and any agreed-upon notice period.
Unmanned Rental Objects:
4.2 Upon receipt of the rental object, the Client must carefully inspect the rental object for proper functioning, integrity, and completeness. If the Client discovers defects or deficiencies, they must immediately notify the Contractor in writing.
4.3 Additional hours will be invoiced; fewer hours will not be credited, unless otherwise agreed in writing.
4.4 The Client is obliged to use the rental object exclusively within the scope for which the rental object is suitable by its nature and only for the purpose for which it is rented.
4.5 The Client uses the rental object in accordance with the instructions provided by the Contractor through instruction manuals, etc., or otherwise. The Client declares to have sufficient experience and expertise regarding the rental object.
4.6 The Client continuously inspects the rental object for proper operation and, unless otherwise agreed, performs the necessary daily maintenance in order to maintain proper operation, all in accordance with the manufacturer’s specifications.

4.7 The costs of maintenance and repair, to the extent that they result from normal wear and tear due to proper use according to its intended purpose, are borne by the Contractor.
4.8 The Client takes all reasonable measures to prevent damage and/or loss of the rental object at their own expense and risk. If the parties have agreed that the Contractor is responsible for the safety of the rental object, the Contractor shall take all reasonable measures to prevent damage and/or loss of the rental object at their own expense and risk.
4.9 The Client must take all customary measures to prevent theft of the rental object. The Client is liable for theft and embezzlement of the rental object.
4.10 The Client is solely responsible for the competence of the equipment operator and is responsible for instructing the operator.
4.11 The Client is liable for all damages, in any form whatsoever, and howsoever caused or arising to the rental object during the rental period. Upon discovery of a defect, shortage, or damage to the rental object, the Client shall not continue using it without consulting the Contractor in a timely manner. If the Client fails to (timely) consult with the Contractor, any damage resulting from continued use shall be borne by the Client.
4.12 The Client is liable for all damages, in any form whatsoever, caused or arising from the rental object to visible and non-visible movable or immovable property of third parties (e.g., underground cables and pipelines).
4.13 The Client or operator picking up the rented object from the Contractor must identify themselves with a valid identification document.
4.14 The Client is liable for all damages to or caused by the rented object during transports, including interim transports, carried out by or on behalf of the Client, however caused and by whomever caused.
4.15 The Client is prohibited from subleasing, sub-hiring, using, or otherwise making the rental object available to third parties without the prior written consent of Terzol Heavy Equipment N.V.
4.16 The Client must notify the Contractor of any hired equipment by 3:00 PM if this equipment will not be hired out the next day. If not, the Contractor will charge the Client an additional day’s rent for hired equipment.
4.17 In case of late return of the (rented) equipment after the rental period, the Client is obliged to compensate the damage resulting from this delay to the Contractor.
4.18 The rental period is determined in one or more full days and commences on the day of delivery of the rental object and ends on the day the rental object is fully received by the Contractor.

4.19 Unless otherwise agreed, rental prices exclude fuel costs and delivery and collection costs.
4.20 The Client must take out the legally required insurance for the work equipment rented by them at their own expense and risk.
4.21 If the Client insures the work equipment used by them, the liability insurance for the rented equipment must also cover the Contractor in their capacity as the client/holder of the work equipment. The Client expressly and irrevocably authorizes the Contractor to enforce rights under that insurance. If this provision is not complied with or if the Client fails to comply with any other obligation in this article, and the Contractor is held liable by