General conditions RDW Test Centre Lelystad
General conditions for letting activities in the RDW Test Centre in Lelystad.
1.1 Applicant: the natural person or legal entity submitting an application to deal with a letting order.
1.2 RDW: The Management of the Department of Road Transport (Dienst Wegverkeer).
1.3 Test Centre: RDW’s comprehensive test centre situated in Lelystad consisting of all its sections including the Test Centre, all the surrounding sites, buildings and facilities.
1.4 Use: Making use of one or more sections of the Test Centre in any way this will take place.
2.1 These Conditions are applicable to orders between the applicant and RDW's Vehicle Technology Division.
2.2 Conditions which are declared applicable by an applicant are not binding on RDW unless those conditions have in each individual case been explicitly accepted in writing by RDW.
2.3 Deviations from the manner in which orders are dealt with in this summary, will only be valid if they have been agreed explicitly and in writing.
3.1 After an application to use the Test Centre has been submitted, RDW will determine whether appropriate use of the Test Centre can be expected on the basis of the nature and purpose of the hirer’s activities.
3.2 An order, also called in this summary an “application”, is deemed to have been submitted on receipt of the written confirmation by the applicant of a quotation given by RDW or, if no quotation has been given, by means of a written confirmation of the order by RDW. A given quotation will remain valid for up to two (2) months after its date.
3.3 The contents of an application will be determined by the description of the activities included in the quotation or confirmation of the order including all amendments which have subsequently been agreed between the parties in writing.
4.1 The execution of the order will take place in a manner to be determined by RDW unless a certain manner has been agreed in advance between the applicant and the RDW.
4.2 Subletting the Test Centre or sections of it is prohibited
4.3 RDW’s obligation to execute the order will terminate when:
- It is/has become impossible through the actions of the applicant and/ or third parties to perform the service for the applicant in the intended manner. The term third parties also means as a result of government measures. In the case set out above the applicant will not (no longer) be obliged to pay the determined rate unless a part of the service has already been carried out. In the latter case the applicant must pay the part of the determined rate corresponding to that part.
- the applicant is declared bankrupt, obtains a moratorium or has discontinued its business activities or (an) application(s) to this end has (have) been or will be submitted.
- the applicant is in arrears with payments.
4.4 The order is deemed to have been (partially) executed as soon as one of the facilities of the Test Centre has already been used.
4.5 Use of the Test Centre is only allowed by the persons specified by the hirer in the hire agreement. The hirer will ensure that the persons he allows to use the test course under his hire agreement apply these Conditions. The persons specified by the hirer in the hire agreement may only use the Test Centre after having personally signed on site an extract of these General Conditions and a copy of the Lelystad Test Centre Safety Rules.
4.6 The hirer and the persons whom he allows to use the Test Centre under his agreement, have to report to the reception on entering and leaving and have to observe the instructions given by the TCL safety coordinator.
4.7 The hirer and the persons specified by the hirer only have approval for the use of those facilities which have been agreed in the order.
4.8 The instructions by RDW personnel must be strictly observed.
4.9 Carrying out of assembly operations on a vehicle should take place in the appropriate garage boxes. In special cases and after consultation with RDW, the central hall can be used to carry out assembly operations.
4.10 Vehicles should not produce more than 100 db (A) noise at ¾ of the number of revs at maximum capacity or not produce any noise which can be clearly noticed outside the course.
4.11 The noise is measured with regard to a stationary vehicle at 0.5 m behind the exhaust, at an angle of 45 degrees.
4.12 (Using) image recording devices at the Test Centre Lelystad is/are prohibited without prior written consent. The safety coordinator is authorised to confiscate any image recording devices found on behalf of the RDW and to remove any recordings or to instruct such recordings to be moved.
4.13 The hirer and persons, whom he allows to use the Test Centre under his agreement, undertake to observe confidentiality with regard to all the information and knowledge which are obtained with regard to vehicles or test results by or in connection with the use of the test course and of which one ought to have reasonably understood their confidential nature.
4.14 The provisions of the Road Traffic Act, 1994, the Dutch Vehicle Regulations (Regeling voertuigen), the Dutch Road Traffic & Signs Regulations 1990 as well as the Safety Regulations Test Centre Lelystad are applicable.
4.15 The use of alcohol and/or other substances which affect driving ability is prohibited.
4.16 Use of the Test Centre by the hirer and the persons whom he allows to use the Test Centre may be immediately terminated by RDW and its members of staff if at RDW’s discretion the instructions meant in 4.2, 4.5, 4.7, 4.8, 4.10, 4.12 and 4.13 are not being observed or the Test Centre is being used incorrectly in any other way. In that case the hirer will not be able to claim non-payment or a reduction of the hire price.
4.17 A maximum axle load of 15 tonnes is applicable with regard to the use of the Test Centre which should not be exceeded. Different maximum loads may be applicable to specific facilities.
4.18 Walkie-talkies may only be used within the Test Centre and exclusively for business calls.
4.19 Pollution of the Test Centre including the surrounding area and ditches is prohibited.
4.20 RDW and the hirer may agree in writing that one or more of the provisions 3.1 up to and including 4.18 can be deviated from.
4.21 RDW is entitled to terminate an order by means of a written notice if, before or after a service has begun; RDW has asked the applicant for information and this information has not been received in good order before the agreed time. In that case the applicant will owe all costs incurred and obligations undertaken by RDW up until that time.
5. Price and payment
5.1 RDW’s prices are exclusive of VAT and other levies imposed by the authorities and will be determined, depending on the nature of the order, on the basis of the rates applicable at RDW at the time of the letting.
5.2 In the event that RDW mentions a certain price and/or rates in a quotation/confirmation of the order, contrary to the foregoing, this price and/or these rates will be applicable to the parties.
5.3 If, at the applicant’s request, activities are carried out between 6.00 pm and 7.00 am, a surcharge may be calculated on the basis of the hourly rate. This is also applicable to activities carried out at the weekend and/or on national holidays.
5.4 If it is necessary in order to deal with an application to carry out more activities than initially agreed and/or the applicant supplements his application, the activities carried out in excess or extra will be charged on the basis of the number of hours actually spent multiplied by the hourly rate, or the number of services multiplied by the applicable rate for the respective service.
5.5 Payment will be made by the applicant in euros within 30 days after the invoice date, unless explicitly agreed otherwise in writing.
5.6 Payment will take place without deductions and/or set-off, without suspension due to alleged actual non-performance and without the applicant being allowed to freeze his payment obligations by an attachment under himself or otherwise.
5.7 A challenge to an amount in the invoice should be submitted within a period of 21 days.
5.8 In the event of the term of payment as mentioned under 5.4 being exceeded for any reason whatsoever, the client will owe to RDW all the extrajudicial debt collecting costs which are required at RDW’s discretion. Moreover, the applicant will owe to RDW the statutory interest from the date on which the term of payment lapsed, to be calculated on the amount due for the period during which payment was overdue. At the same time in that event an agreed discount ceases to apply for the amount to which the invoice refers.
5.9 With regard to the client’s payment RDW will at all times be entitled to require full or partial security for the amounts due from the applicant under the agreement for the execution of the order. Should the required security not be forthcoming, RDW will be entitled to refrain from confirming the order and/or from taking on the order and/or from (any longer) executing the order. All this is applicable without prejudice to the applicant’s obligation to make full payment(s).
5.10 If the applicant is declared bankrupt, has obtained a moratorium or has discontinued its business activities or (an) application(s) to this end has (have) been or will be submitted, the amount due from the client will be immediately due and payable.
5.11 If there is any question of a withholding tax being levied by the government for invoicing to a foreign party, this party is responsible for the payment of this amount to the relevant government and for the full payment to the RDW of the invoice amount.
6. Cancellation or interruption of use
6.1 On cancellation by the hirer at least 30 days before the agreed date/dates no hire price will be due except for the provisions set out in 6.2.
On cancellation between 7 and 30 days before the agreed date/dates 50% of the hire price will be due except for the provisions set out in 6.2.
On cancellation less than 7 days before the agreed date/dates the full hire price will be due except for the provisions set out in 6.2.
6.2 On cancellation as provided in 6.1 the applicant will in all cases be charged for all the costs incurred and or obligations already assumed by RDW until that time.
6.3 RDW is entitled to cancel the agreed date/dates in the hire agreement if at RDW’s discretion one of the following situations has occurred:
- necessary works on, alongside and to the course, roadside fencing and safety provisions;
- bad weather conditions such as poor visibility and slipperiness, snowfall/storm etc;- other situations in which the course cannot be made available for safety reasons.
- unforeseen tests by RDW itself.
In that case a new time for use can be determined in consultation with the hirer.
6.4 If during the use of the Test Centre and at RDW’s discretion one of the situations occurs as meant in 6.3, RDW will be entitled to interrupt the use by the hirer.
7. Obligation for insurance
7.1 The hirer has taken out third party insurance with regard to the motor vehicles he is using at the Test Centre. At RDW’s request the hirer will show RDW the evidence that the said insurance for third party liability has been taken out.
7.2 The motor vehicles which the hirer is using in the Test Centre are driven by a driver who has a valid driving license issued for the respective category of motor vehicles. At RDW’s request the hirer will show the said driving license. A driver can be refused if, despite having the driving license meant in the previous paragraph, he has at RDW's discretion insufficient control of the vehicle to use the Test Centre.
8. Liability and indemnity
8.1 The hirer is liable for all losses which are the direct or indirect result of the use of the Test Centre by the hirer or by other persons which the hirer has allowed to use the Test Centre under his hire agreement.
8.2 The use by the hirer of the Test Centre or the use by other persons allowed under his hire agreement will be fully at the risk of the hirer or those other persons. RDW and its staff are – except for gross negligence or intention – not liable for damage which the hirer or other persons may suffer directly or indirectly by using the course.
8.3 The hirer safeguards RDW against claims from third parties which are directly or indirectly the result of the use by the hirer or by other persons who the hirer allows under his hire agreement to use the Test Centre.
9. Disputes and applicable law
9.1 The agreements entered into on the basis of these Conditions are governed by Dutch law.
9.2 All disputes which might arise in connection with the use of the Test Centre will be settled by the competent court in The Hague