General Terms and Conditions for Sales, 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, purchases, or uses subscription services from Blulinc.
1.3 Charging Point: The electric charging point provided to the Customer by Blulinc.
1.4 Agreement: The rental agreement, purchase agreement, or subscription contract between Blulinc and the Customer, including any attachments or additional terms and conditions.
1.5 Subscription Services: The services, such as software or maintenance, provided by Blulinc to the customer on a subscription basis.

Article 2: Duration of the Agreement

2.1 Lease: The standard lease term is 48 months, commencing on the date of installation of the charge point, unless otherwise agreed. Upon expiration of the rental term, the contract will automatically terminate unless extended in writing.

2.2 Purchase: The purchase contract is effective from the date of signing and remains in effect until full payment and delivery of the charge point.

2.3 Subscription Services: Subscriptions are concluded for a minimum period of 12 months, unless otherwise agreed upon. After the initial period, the subscription is tacitly renewed for an indefinite period, with a notice period of 1 month.

Article 3: Prices, Payment and Use

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

3.2 Fair Use Policy for Rental: The use of the charge point is limited to 500 kWh per month. If the customer consumes more than 500 kWh per month, an additional rate of €0.08 per kWh will be charged above the fixed monthly amount.

3.3 Purchase Price: The purchase price shall be specified in the purchase agreement. Any installation and other additional costs will be specified separately.

3.4 Removal Costs: If the client terminates the rental agreement and the charge point must be removed, Blulinc will charge a cost of €395 for the removal of the charge point.

3.5 Setup and Installation Fees: Installation fees apply for both purchase and rental. These must be paid in full prior to installation of the charge point.

3.6 Payment Terms:

• For rental and subscription services, the customer must pay the amount due monthly in advance.
• For purchase, payment according to the agreed terms applies. The customer may opt for a full payment in one lump sum or a payment arrangement, provided it is in writing.
• All invoices shall be paid within 30 days of invoice date, unless otherwise agreed in writing.

3.7 Payment Structure for Installation:

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

3.8 Late Payments: Late payments will incur a minimum charge of €50 along with 10% late payment interest from the due date of the invoice. These charges will be added to the outstanding balance. Blulinc reserves the right to take legal action for persistent late payments.

Article 4: Early Termination.

4.1 Early Termination of Rental: If the customer terminates the rental agreement early, the customer is obliged to pay the remaining rental installments in one lump sum. In addition, the removal cost of €395 applies for the collection and removal of the charge point.

4.2 Early Termination of Subscription: Subscriptions can be terminated after the first 12 months with a notice period of 1 month. If the subscription is terminated early within the first 12 months, the full subscription amount for that period remains payable.

4.3 Termination by Blulinc: Blulinc reserves the right to terminate the agreement immediately if the customer violates 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 Use: The customer must use the charge point according to the instructions provided by Blulinc. Misuse or improper use will void the warranty.

5.2 Maintenance:

• Rental: During the rental period, the customer enjoys full warranty, except for damage caused by the customer himself or third parties. In case of own damage, the customer is obliged to pay a franchise cost of €425, plus an intervention cost of €175 for repair or replacement of the charge point.
• Purchase: After the warranty period, the customer is responsible for maintenance of the charge point unless a maintenance subscription has been taken out.

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

Article 6: Liability

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

6.2 Indemnification: The client indemnifies Blulinc for all third party claims arising from the use of the charge point, unless the damage is attributable to Blulinc.

Article 7: Transfer and Sublease.

7.1 Transfer: The client 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 charge point without Blulinc's written consent.

Article 8: Installation conditions

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

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

8.3 Additional Charges: If the technical data provided are incorrect or additional work is required to complete the installation, additional costs will be charged. If additional costs exceed 30% of the initial quote, the customer will be notified in advance.

8.4 Installation Timeline: Blulinc aims to perform installations within 4-8 weeks of order confirmation. 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 governed exclusively by Belgian law.

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

Article 10: Other Provisions

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

10.2 Invalid Provision: If any provision of this agreement is found to be invalid, the remaining provisions shall remain in force. The parties will then mutually agree on a new provision that approximates the original intent as much as possible.