General Terms and Conditions for Rental and Subscription Services of Blulinc

Article 1: Definitions

1.1 Blulinc: The lessor, seller, or provider of charging solutions and services.

1.2 Customer: The person or entity that rents the charging point or uses subscription services from Blulinc.

1.3 Charging point: The electric charging point made available to the customer by Blulinc.

1.4 Agreement: The rental agreement or subscription contract between Blulinc and the customer, including any appendices or additional terms and conditions.

1.5 Subscription services: The services, such as software or maintenance, that are provided by Blulinc to the customer on a subscription basis.

Article 2: Duration of the Agreement

2.1 Rent: The standard rental term is 48 months, commencing on the date of installation of the charging point, unless otherwise agreed. Upon expiration of the rental term, the agreement is automatically terminated, unless extended in writing.

2.2 Subscription services: Subscriptions are entered into for a minimum period of 48 months, unless otherwise agreed. After the initial period, the subscription is tacitly renewed for 12 months, with a notice period of 3 months.

Article 3: Prices, Payment and Use

3.1 Rental Price: The rental price is a fixed monthly amount as agreed in the rental agreement. This amount covers the operating costs of the charging point, including up to 500 kWh of usage per month under the fair use policy.

3.2 Fair Use Policy for Rent: The use of the charging point is limited to 500 kWh per month. If the customer consumes more than 500 kWh per month, an additional rate of €0,08 charged per kWh above the fixed monthly amount.

3.4 Removal costs: If the customer terminates the rental agreement and the charging point needs to be removed, Blulinc charges a fee of €395 charge for the removal of the charging point.

3.5 Setup and Installation Costs: Installation costs apply to rentals. These must be paid in full prior to the installation of the charging point.

3.6 Payment terms:

• For rental and subscription services, the customer must pay the amount due monthly in advance.
  
• All invoices must be paid within 15 days of the invoice date, unless otherwise agreed in writing.

3.7 Payment structure for Installation:

• 50% down payment upon signing the agreement.
• 40% payment on the day of installation.
• 10% payment after activation and completion of the installation.

3.8 Late Payments: For late payments, a minimum fee of €25 charged, together with 10% late payment interest from the invoice due date. These costs will be added to the outstanding balance. Blulinc reserves the right to take legal action in the event of persistent arrears.

Article 4: Early Termination

4.1 Early Termination of Lease: If the customer terminates the rental agreement prematurely, they are obliged to pay the remaining rental installments in a lump sum. Furthermore, the removal cost of €395 for picking up and removing the charging point.

4.2 Early Termination of Subscription: Subscriptions can be cancelled after the first 48 months with a notice period of 1 month. If the subscription is terminated prematurely within the first 48 months, the full subscription amount for that period remains due.

4.3 Termination by Blulinc: Blulinc reserves the right to terminate the agreement immediately if the customer breaches the terms of the agreement. In this case, the full remaining amount of the agreement becomes immediately due and payable.

Article 5: Use, Maintenance and Warranty

5.1 Usage: The customer must use the charging point in accordance with the instructions provided by Blulinc. The warranty becomes void in the event of misuse or improper use.

5.2 Maintenance:

• Rent: During the rental period, the customer enjoys a full warranty, with the exception of damage caused by the customer themselves or third parties. In the event of self-inflicted damage, the customer is obliged to pay a deductible of €425 to be paid, plus an intervention cost of €175 for repair or replacement of the charging point.

5.3 Warranty: Blulinc offers a 2-year warranty on purchased charging points. Damage caused by third parties, misuse, or incorrect installation by the customer is excluded from the warranty.

Article 6: Liability

6.1 Liability Blulinc: Blulinc is not liable for direct or indirect damage arising from the use of the charging point, unless the damage is the result of intent or gross negligence on the part of Blulinc.

6.2 Indemnification: The customer indemnifies Blulinc against all third-party claims arising from the use of the charging point, unless the damage is attributable to Blulinc.

Article 7: Transfer and Subletting

7.1 Transfer: The Customer may only transfer the rights and obligations under this agreement to third parties with the written consent of Blulinc.

7.2 Subletting: It is not permitted to sublet or transfer the charging point without written permission from Blulinc.

Article 8: Installation Conditions

8.1 Installation Preparation: The customer is responsible for clearing the workspace and must ensure access to water and electricity during the installation.

8.2 Conformity: The customer must ensure that the electrical installation complies with applicable regulations. Blulinc reserves the right to refuse the installation if the electrical installation is not compliant.

8.3 Additional Costs: If the technical data provided is incorrect or additional work is required to complete the installation, additional costs will be charged. In the event of additional costs exceeding 30% of the initial quotation, the customer will be informed in advance.

8.4 Installation timeline: Blulinc aims to carry out installations within 2-4 weeks after confirmation of the order. Delays due to force majeure or unforeseen circumstances will be communicated to the customer in a timely manner.

Article 9: Applicable Law and Disputes

9.1 This agreement is exclusively governed by Belgian law.

9.2. Disputes arising from this agreement shall be submitted to the competent court in the district where Blulinc is established.

Article 10: Other Provisions

10.1 Changes: Amendments or additions to this agreement are only valid if agreed upon in writing by both parties.

10.2 Invalid Provision: If any provision of this agreement proves to be invalid, the remaining provisions shall remain in force. The parties shall then consult with each other to draft a new provision that approximates the original intent as closely as possible.