Download our terms and conditions
Hacon Container B.V. (24348944) version 022024
Hacon Terms and Conditions
Hacon is the private limited liability company Hacon Container B.V.
The Hacon General Terms and Conditions (hereinafter: the “Terms and Conditions”) are used by Hacon. The Terms and Conditions are registered in the trade register of the Chamber of Commerce in Rotterdam under number 2239732. The Terms and Conditions are available in Dutch and English. In case of doubt, the Dutch text shall prevail.
A. General provisions
1.Definitions
1.1 The following definitions are used in these Terms and Conditions:
a. Client: the natural person or legal entity that commissions Hacon to perform services and/or work and/or other Agreement.
b. Parties: Hacon and Client jointly
c. Agreement: the Agreement between Hacon and the Client, to which these Terms and Conditions apply.
d. Product(s): all items, including containers, that are delivered, rented out (the “rented items”), repaired, modified, and/or stored by Hacon.
e. Interchange: the receipt issued regarding the condition of the rented item upon receipt and after return.
f. Reparation: repairing, maintaining, cleaning, and/or inspecting a Product
2. Choice of law and jurisdiction
2.1 All Agreements and other commitments between the Parties are governed exclusively by Dutch law.
2.2 The Vienna Sales Convention (C.I.S.G.) does not apply, nor does any other international regulation whose exclusion is permitted.
2.3 Only the District Court of Rotterdam, location Rotterdam, is competent to hear disputes between the Parties.
3. Applicability of terms and conditions
3.1 These Terms and Conditions apply to all offers made by Hacon and Agreements between the Parties, as well as to the resulting obligations between the Parties.
3.2 These Terms and Conditions may only be deviated from in writing. A written deviation from a provision of these Terms and Conditions does not affect the applicability of the other provisions of the Terms and Conditions.
3.3 All general terms and conditions of the Client, including purchasing conditions, are expressly rejected by Hacon and do not apply to the Agreement.
3.4 The fact that Hacon does not invoke a particular right under the Terms and Conditions for a long period of time does not imply that it waives this right.
3.5 If, for any reason whatsoever, a provision of the Terms and Conditions proves to be invalid between the Parties, this shall not affect the other provisions of the Terms and Conditions.
3.6 If Hacon engages third parties to supply products or services in the performance of the Agreement, these third parties may also invoke the Terms and Conditions against the Client.
4. Conclusion of agreements
4.1 All offers made by Hacon are non-binding.
4.2 An Agreement shall only be concluded after Hacon has accepted an assignment from the Client in writing or after Hacon has commenced the execution of the assignment.
4.3 The aforementioned order confirmation from Hacon is deemed to accurately and completely reflect the Agreement, unless the Client objects to it in writing within five working days.
4.4 If the Client provides Hacon with designs, data, drawings, etc., Hacon may assume that these are correct and will base its offer on them.
4.5 If the Client makes use of Hacon's design facilities, the Client remains responsible for the accuracy of the design.
5. Intellectual property rights
5.1 Unless otherwise agreed, Hacon retains the copyright and all industrial property rights to the offers it has made, designs it has provided, images, drawings, (prototype) models, software, etc.
5.2 The rights to the data referred to in paragraph 1 remain the property of Hacon, regardless of whether the Client has been charged for their production. This data may not be copied, used, or shown to third parties without the express permission of Hacon. In the event of a violation of this provision, the Client shall owe Hacon a penalty of €25,000. This penalty may be claimed in addition to compensation under the law.
5.3 The Client must return the information provided to it as referred to in paragraph 1 upon first request within the period specified by Hacon. In the event of a breach of this provision, the Client will owe Hacon a penalty of €1,000 per day. This penalty may be claimed in addition to compensation under the law.
6. Advice, designs and materials
6.1 The client cannot derive any rights from advice and information received from Hacon if this does not directly relate to the assignment.
6.2 The client is responsible for the drawings and calculations made by or on behalf of him and for the functional suitability of materials prescribed by or on behalf of him.
6.3 The Client indemnifies Hacon against any claims from third parties relating to the use of drawings, calculations, samples, models, and suchlike provided by or on behalf of the Client.
7. Prices
7.1 Prices quoted by Hacon are exclusive of VAT and apply to delivery ‘Ex Works’ (Incoterms2020), which in any case does not include the costs of any inspection, all freight, station, storage, security, and customs clearance costs, taxes, import and export duties, or other levies, even if these are introduced or increased after the Agreement. The aforementioned costs, as well as transport costs, shall be borne by the Client.
7.2 Hacon shall always be entitled to pass on cost increases beyond its control to the Client. Hacon will notify the Client of these price increases as soon as possible, providing a detailed breakdown. The Client has the right to terminate the Agreement if the price increase exceeds 10% of the principal sum.
7.3 In the case of rental agreements, Hacon is entitled to increase its prices annually in line with market conditions.
8. Delivery times
8.1 The delivery time and/or repair time is determined by Hacon as an approximation.
8.2 When determining the delivery time and/or repair time, Hacon assumes that it can carry out the order under the circumstances known to it at that time.
8.3 The delivery time and/or repair time commences when agreement has been reached on all technical details, all necessary data, final drawings, etc. are in Hacon's possession, the agreed (installment) payment has been received, and the necessary conditions for the execution of the order have been met.
8.4 a. If circumstances arise other than those known to Hacon when it determined the delivery time, Hacon may extend the delivery time and/or repair time by the time required to carry out the order under these circumstances. If the work cannot be fitted into Hacon's schedule, it will be completed as soon as its schedule allows.
b. If additional work is required, the delivery time and/or repair time will be extended by the time needed to deliver the materials and parts required for this work and to carry out the additional work. If the additional work cannot be fitted into Hacon's schedule, the work will be completed as soon as the schedule allows.
c. If Hacon suspends its obligations, the delivery time and/or repair time will be extended by the duration of the suspension. If the continuation of the work cannot be fitted into Hacon's schedule, the work will be completed as soon as the schedule allows.
d. In the event of unworkable weather conditions, the delivery time and/or repair time will be extended by the resulting downtime.
8.5 The Client shall reimburse all costs incurred by Hacon as a result of the delay in delivery and/or repair time as referred to in Article 8.4.
8.6 If the delivery or repair time is exceeded, this shall in no case entitle the Client to compensation or termination of the Agreement.
9. Delivery and transfer of risk
9.1 All Products shall be delivered “Ex Works” (Incoterms 2020) at the location specified by Hacon.
9.2 If the Parties have agreed that Hacon will arrange for the loading and/or transport of the Products, this will be done at the expense and risk of the Client.
9.3 If the Client considers insurance desirable, it must arrange this itself.
9.4 If Products have not been accepted by the Client after the delivery period has expired, they will be stored at the Client's expense and risk.
9.5 If the purchase involves a trade-in and the buyer continues to use the item to be traded in while awaiting delivery of the new item, the risk of the item to be traded in remains with the buyer until the moment that he has placed it in the possession of the seller. If the Client is unable to deliver the item to be traded in in the condition it was in when the Agreement was concluded, Hacon may terminate the Agreement.
9.6 Product inspections are always the responsibility of the Client, unless otherwise agreed in writing.
9.7 Hacon is entitled to deliver in parts if the Product can be delivered in parts.
10. Payment
a. consequential damage, including business interruption, loss of production, loss of profit, transport costs, and travel and accommodation expenses. The client may insure itself against this damage if possible;
b. damage to and/or loss of goods in or under its care, custody, control, or storage. Such damage and/or loss includes damage caused as a result of or during the performance of the work to goods on which the work is being performed or to goods located in the vicinity of the workplace and/or loss due to theft during storage, modification, and repair of containers and materials. The client may insure itself against such damage if desired.
c. damage caused: − by the method and location of storage, including but not limited to damage resulting from weather conditions, water levels, fire, and explosion;
− by wind speeds of at least 14 meters per second as measured by the Royal Netherlands Meteorological Institute (KNMI), one of its branches, or a similar institution with a good reputation;
− Due to the nature and natural condition of the items placed in storage.
d. damage caused by intent or deliberate recklessness on the part of Hacon's auxiliary persons.
10.1 The Client must pay invoices within 30 days of the invoice date, or at least within the payment term stated on the invoice. Failure to do so will result in the Client being in default immediately.
10.2 The Client shall pay invoices in the manner specified on the invoice. Payment by means of set-off or discount is not permitted.
10.3 The Client shall pay invoices itself. Payment by a third party shall not discharge the Client, unless the Parties have agreed otherwise in writing.
10.4 From the moment of default, the Client shall owe the statutory commercial interest pursuant to Section 6:119a of the Dutch Civil Code on the total outstanding amount.
10.5 From the moment of default, Hacon shall be entitled to charge all judicial and extrajudicial collection costs if the claim is handed over by Hacon for collection.
10.6 In the event of death, admission to the Debt Rescheduling (Natural Persons) Act, liquidation, insolvency, bankruptcy, suspension of payments, transfer of business, or merger of the Client, all of its payment or return obligations towards Hacon will become immediately due and payable, regardless of any agreements to the contrary regarding payment in the Agreement.
11. Liability and confusion
11.1 In the event of an attributable shortcoming, Hacon is obliged to still fulfill its contractual obligations.
11.2 Regardless of the basis, Hacon's liability is limited to damage for which Hacon is insured on the basis of an insurance policy taken out by or on behalf of Hacon, but will in no case exceed the amount paid out under this insurance policy.
11.3 If there is no insurance coverage and Hacon is nevertheless liable, for example in the event of gross negligence or intent on its part or on the part of its subordinates, its liability shall be limited to the repair of the damage free of charge. If the estimated costs of repair exceed the economic value of the container in question, Hacon shall be liable up to this value at most.
11.4 Under no circumstances will compensation be payable for:
11.5 Hacon is not liable for damage to materials provided by or on behalf of the Client if such damage is the result of incorrect processing thereof.
11.6 The Client indemnifies Hacon against all claims from third parties for product liability as a result of a defect in a Product delivered by the Client to a third party and which consisted (in part) of Products and/or materials delivered by Hacon. The Client is obliged to compensate Hacon for the full amount of the damage, including the full costs incurred in connection with Hacon's defense.
a. fails or will fail to fulfill its obligations under the Agreement or other similar Agreements;
b. has not paid claims arising from the non-fulfillment of the aforementioned Agreements, such as damages, penalties, interest, and costs.
11.7 The Client indemnifies Hacon against any damage suffered by the Client or possible claims from persons who have been directly or indirectly exposed to a container and who have suffered damage or incurred costs because the container proves to be less safe than could reasonably be expected. For example, because visible or invisible cargo residues, including possible radiation and gases, have remained in the container, all this insofar as their harmfulness could not or should not reasonably have been known to Hacon.
12. Sanctioned countries EU - OFAC
12.1 The Client is prohibited from subsequently selling the delivered Products to a country subject to EU and/or OFAC sanctions regimes.
12.2 Hacon accepts no responsibility if the Client resells delivered goods to a sanctioned country.
12.3 Hacon has the right to withdraw an offer if it suspects that the regulations relating to sanctioned countries are not being complied with.
12.4 The Client indemnifies Hacon against all damage and costs resulting from a breach of paragraph 1 of this article.
13. Exchange of information
13.1 Hacon has taken out liability insurance policies customary for its business. The policies can be inspected at the Client's request.
13.2 In the event of justified doubts about the Client's creditworthiness, Hacon has the right to obtain information from the Client in order to assess that creditworthiness.
13.3 If the Client carries out or arranges the transport, Hacon is entitled to information about the transport, including copies of transport documents.
14. Guarantees
14.1 Regardless of the agreed payment terms, the Client is obliged to provide sufficient security for payment at Hacon's first request, at Hacon's discretion. If the Client fails to comply with this within the specified period, the Client will immediately be in default. In that case, Hacon has the right to terminate the agreement and recover its damages from the Client.
14.2 After delivery, Hacon remains the owner of the delivered goods as long as the Client:
14.3 As long as the delivered goods and/or Product(s) are subject to retention of title, the Client may not encumber them and/or charge them with a security right (such as a pledge) and/or allow them to be used and/or disposed of by third parties.
14.4 After Hacon has invoked its retention of title, it may retrieve the delivered goods. The Client shall cooperate fully in this regard.
14.5 If, after the goods have been delivered to the Client by Hacon in accordance with the Agreement, the Client has fulfilled its obligations, the retention of title with regard to these goods will be reinstated if the Client fails to fulfill its obligations under a subsequently concluded agreement.
14.6 Hacon has a right of pledge and a right of retention on all containers and/or goods in its possession from the Client for all claims that Hacon has or may have against the Client or owner, vis-à-vis anyone who demands the surrender of goods, documents, and funds that Hacon has or will receive for any reason and for any purpose. On the basis of the foregoing, Hacon has the right to refuse to surrender goods, documents, and money that Hacon has or will have in its possession under the Agreement to anyone.
14.7 The person who entrusts goods to Hacon on behalf of the Client for the performance of the work assigned is deemed to be authorized to establish a right of pledge on these items.
14.8 The person who makes the aforementioned items, documents, and funds available to Hacon is deemed to be authorized to do so. The Client accepts full liability for the consequences—whatever they may be—of any lack of authorization on the part of that person.
14.9 The sale of the collateral shall take place at the Client's expense in the manner prescribed by law or, if agreed, by private treaty.
14.10 If Hacon invokes its retention of title, the principal sum shall remain fully payable by the Client by way of compensation to Hacon, without prejudice to Hacon's right to claim full compensation.
14.11 If a third party asserts or announces its intention to assert rights, including seizure, on Products that are still subject to retention of title, the Client is obliged to inform Hacon of this immediately. At the same time, the Client is obliged to inform the third party immediately of Hacon's retention of title.
14.12 The Client shall adequately insure items subject to retention of title against damage and theft.
15. Complaint
15.1 If the Client or its representative wishes to complain about a defect in the performance, it must do so in writing within 14 days after the inspection at Hacon's workshop or, if no inspection takes place, at the latest before the goods have left Hacon's premises.
15.2 If Hacon does not receive the Client's written complaint within the period specified in paragraph 1, the Client will lose all rights and powers that were available to them on the basis of the defect found.
15.3 The Client has the right to have the repair and/or other work to be carried out inspected within 5 working days after notification of completion by Hacon, or within 5 working days after receipt of the relevant invoice. If the Client wishes to have an inspection carried out, it must notify Hacon in writing within 2 working days of receiving notification that the work has been completed. In that case, Hacon will offer the repaired goods and/or other work carried out to the Client for inspection once.
15.4 In all cases, the Client must give Hacon the opportunity to repair any defect or to redo the repair or other work.
15.5 Hacon will only consider a complaint if the Client has fulfilled all its obligations towards Hacon.
15.6 Defects that will not be dealt with by Hacon in any case are defects resulting from:
- normal wear and tear;
- improper use;
- maintenance not carried out or carried out incorrectly;
- installation, assembly, modification, or repair by the Client or by third parties.
- the use of materials, choice of materials or repair methods prescribed and/or supplied by or on behalf of the Client;
- emergency repairs carried out at the Client's request.
15.7 Complaints about invoices must be submitted to Hacon in writing within the payment term, on pain of forfeiture of the rights available to the Client. If the payment term exceeds 30 days, the complaint must be submitted within 30 days of the invoice date. After adjustment of the invoice to which the complaint relates, a payment term of 14 days applies.
15.8 Legal claims and defenses based on facts that would justify the assertion that the performance is defective shall lapse one year after the notification made in accordance with the first paragraph.
16. Warranty
16.1 Hacon guarantees that on the date of delivery, the Product will be in accordance with the description in the Agreement.
16.2 If Hacon receives a third-party warranty on (part of) the Product, this warranty will be passed on unchanged by Hacon to the Client.
17. Force majeure
17.1 Hacon has the right to suspend the fulfillment of its obligations if it is temporarily prevented from fulfilling its obligations due to circumstances that were not foreseeable at the time of concluding the Agreement and that are beyond
its control.
17.2 Circumstances that could not be anticipated by Hacon and that are beyond its control shall in any case include the circumstance that Hacon's suppliers and/or subcontractors do not fulfill their obligations or do not fulfill them on time, the weather, and in particular storms with a wind speed of at least fourteen meters per second as determined by the Royal Netherlands Meteorological Institute (KNMI) or a branch thereof, earthquakes, fire, pandemics, epidemics, loss or theft of tools, loss of materials to be processed, roadblocks, strikes or work interruptions, and import or trade restrictions.
17.3 Hacon is not entitled to suspend performance if the temporary impossibility has lasted for more than six months. In that case, the Agreement may be terminated for that part of the obligations that has not yet been fulfilled.
17.4 In the event of force majeure whereby performance is or becomes permanently impossible, the Parties are entitled to terminate the Agreement with immediate effect for that part of the obligations that has not yet been fulfilled.
17.5 The Parties are not entitled to compensation for damage suffered or to be suffered as a result of suspension or termination as referred to in this article.
18. Dissolution
18.1 Without prejudice to the other provisions of these Terms and Conditions, Hacon is entitled to terminate the Agreement in the cases referred to in Article 10.6 without Hacon being liable for any compensation or otherwise.
18.2 If the Client wishes to terminate the Agreement, prior written consent from Hacon is required. In the event of termination, Hacon will charge the Client a termination fee of 30% of the invoice amount, while the date of
termination cannot be earlier than 14 days after Hacon has sent its written consent.
B. Lease agreements
19. Use of the rented property
19.1 The Client is obliged to maintain the rented item in good condition and to use it exclusively in accordance with its intended purpose.
19.2 If Hacon sets further rules regarding the use of the rented item when entering into an agreement, the Client is obliged to comply with these rules.
19.3 The Client is not permitted to make any changes to the rented items without Hacon's prior written consent.
19.4 Unless otherwise stated in a written document, the Client is deemed to have received the rented items in good condition. In the event of a total loss of the rented items, the damage to the rented items is the replacement value of the rented items.
19.5 Defects in the rented item, as well as damage or loss, must be reported to Hacon immediately, stating all details. The Client is obliged to follow Hacon's instructions immediately. The Client may only repair damage to the rented item itself after written permission from Hacon.
19.6 The Client is liable for loss of the rented property and for damage and costs of any nature whatsoever, including fire damage, caused to the rented property during the rental agreement, as well as for the trading loss suffered by Hacon as a result, regardless of whether the damage is the fault of the Client or a third party.
a. the costs of groundwork, pile driving, cutting, breaking, foundation work, bricklaying, carpentry, plastering, painting, wallpapering, repair or other construction work;
b. the costs of connecting gas, water, electricity or other infrastructure facilities;
19.7 At Hacon's first request, the Client is obliged to provide Hacon with accurate information about the correct location of the rented property.
19.8 Third-party clause:
a. The Client declares that it is aware and, insofar as necessary, agrees that the ownership of the rented property may (come to) rest with a third party or that the rented property may be (or become) pledged to a third party as security for the payment of all that this third party has or may have to claim from Hacon.
b. Notwithstanding the existence of this lease agreement, the Client shall, upon first request, but not earlier than 7 (seven) days after written notification of the request by a third party to Hacon, to the third party referred to in sub (a.), without the Client being able to invoke any right of retention, if and as soon as the third party demands the return of the leased property on the grounds of non-fulfillment of Hacon's obligations towards the third party. As a result of this claim, the present rental agreement will be terminated by operation of law with immediate effect. Delivery as referred to above must take place in the Netherlands at the offices of the third party or at a location designated by that third party.
c. If the situation referred to in sub b arises and the third party wishes to continue using the rented property, the Client is obliged, at the first request of the third party, to conclude a rental agreement with the third party for the remaining term of the present rental agreement and under the same conditions.
d. The parties completely exclude the applicability of Articles 7:226 and 7:227 of the Dutch Civil Code.
e. The third-party clause included in paragraphs a to d above cannot be revoked by either the Client or Hacon.
20. Insurance
20.1 The client shall take out insurance to cover all damage to or caused by the rented property. Hacon shall be listed as a co-insured party on the policy. The insurance shall in any case cover fire and business interruption.
21. Rental period and return
21.1 In this article, return refers to the actual delivery of the rented item to Hacon at the end of the rental period.
21.2 The rental period commences after the rented item has been collected by the Client from Hacon or delivered by Hacon to the Client, or after the Client has otherwise (indirectly) become the holder of the rented item.
21.3 The rental period ends upon return, unless a longer rental period has been agreed, in which case the rental period ends on the agreed date, subject to paragraph 4.
21.4 Regardless of any agreements to the contrary in the Agreement, Hacon has the right to request immediate return in a situation as referred to in Article 10.6. If a longer rental period has been agreed, Hacon's damage will in any case be equal to the rent for the remaining time of the agreed rental period, without prejudice to the right to full compensation. If the aforementioned request for return is not complied with immediately by the Client, Hacon is entitled to reclaim the rented item in court at the Client's expense, in addition to terminating the rental agreement and ordering the Client to pay the arrears, interest, and costs.
21.5 At the end of the rental agreement, the Client is obliged to return the rented item to a location specified by Hacon in the condition it was in at the start of the rental period, apart from normal signs of wear and tear. If this is not done, Hacon will arrange for cleaning and repairs at the Client's expense.
21.6 Upon return, the rented item will be inspected immediately by Hacon and any shortcomings, including damage to or contamination of the rented item, will be recorded on the Interchange, thereby establishing the shortcomings of the rented item. The Client will be notified by email of the costs of repairing the damage.
21.7 The Client has five working days to indicate in writing, stating reasons, why it does not agree with the cost estimate. If nothing is heard from the Client within the aforementioned period, the Interchange shall be deemed to accurately reflect the defects.
C. Storage, modification and repair of containers and materials
22. Scope of the work
22.1 The Client must ensure that all permits, exemptions, and other decisions necessary to carry out the work are obtained in a timely manner. The Client is obliged to send a copy of the above-mentioned documents at Hacon's first request.
22.2 The price of the work does not include:
c. the costs of preventing or limiting damage to items present at or near the work site;
d. the costs of removing materials, building materials, or waste;
e. travel and accommodation expenses.
a. there is a change in the design or specifications;
b. the information provided by the Client does not correspond with reality;
c. there is a deviation of more than 10% from the estimated quantities.
a. when the additional work occurs;
b. at the same time as payment of the principal sum;
c. on the next agreed payment date.
23. Changes in the work
23.1 Changes to the work will in any case result in additional or less work if:
23.2 Additional work is calculated on the basis of the value of the price-determining factors applicable at the time the additional work is performed. Less work is settled on the basis of the value of the price-determining factors applicable at the time the Agreement was concluded, whereby items that Hacon has purchased from third parties must always be paid for by the Client.
23.3 The Client is obliged to pay the price of the additional work as referred to in paragraph 1 of this article on one of the following occasions, at Hacon's discretion:
23.4 If the balance of the reduced work exceeds that of the additional work, Hacon may charge the Client 10% of the difference in the balances in the final settlement. This provision does not apply to reduced work resulting from a request by Hacon.
24. Execution of the work
24.1 The client shall ensure that Hacon can perform its work undisturbed and at the agreed time and that, when performing its work at a location other than its own business premises, it has access to the necessary facilities, such as:
- gas, water, and electricity;
- heating;
- lockable dry storage space;
- facilities prescribed by the Working Conditions Act and regulations.
24.2 The Client is liable for all damage resulting from loss, theft, burning, or damage to tools, materials, and other items belonging to Hacon that are located at the place where the work is being carried out.
24.3 The Client is obliged to take out adequate insurance against the risks referred to in paragraph 2 of this article. In addition, the Client must insure itself against work-related damage relating to the materials to be used. At Hacon's first request, the Client must send it a copy of the relevant insurance policy or policies and proof of payment of the premium. In the event of damage, the Client is obliged to report this immediately to its insurer for further processing and settlement.
24.4 The Client is obliged to ensure that documents (including, but not limited to, those required for both receipt and dispatch), as well as instructions and the like, are in Hacon's possession in good time. Hacon accepts no liability whatsoever for the incorrectness, inaccuracy, or incompleteness of these instructions and/or documents.
24.5 If the carrier engaged by the Client refuses to sign for the number of items and/or technical condition, Hacon is not responsible for the consequences in terms of the number and/or technical condition thereof.
a. the Client has approved the work;
b. the work has been put into use by the Client. If the Client puts part of the work into use, that part will be considered as delivered;
c. Hacon has notified the Client in writing that the work has been completed and the Client has not indicated in writing within 14 days of the notification whether or not the work has been approved;
d. the Client does not approve the work on the basis of minor defects or missing parts which, provided they occur within normal working days, can be repaired or delivered within 48 hours and which do not prevent the work from being put into use. Unless proven otherwise, the number and/or technical condition as stated in Hacon's records shall be deemed correct.
24.6 If the Client fails to fulfill its obligations as described in the previous paragraphs and this causes a delay in the performance of the work, the work will be performed as soon as Hacon's schedule allows. In addition, the Client will be liable for all damage resulting from this for Hacon.
25. Completion of the work
25.1 The work shall be deemed to have been completed when:
25.2 If the Client does not approve the work, it is obliged to notify Hacon of this in writing, stating the reasons. The Client shall give Hacon the opportunity to complete the work again.
25.3 The Client indemnifies Hacon against claims from third parties for damage to parts of the work that have not been completed, caused by the use of parts of the work that have already been completed.
26. Storage
26.1 Before presenting the container to the depot, the Client is obliged to inform Hacon of any materials in or on the container that may be harmful to the health of persons who may be directly or indirectly exposed to them, or of any other facts of which the depot should be aware in order to be able to process the container in question safely.
26.2 Hacon has the right to deny the container access to the depot or to charge additional costs for its handling in case of doubt about possible risks to the health and safety of persons who are (or may be) directly or indirectly exposed to the container. In case of doubt, Hacon will immediately inform the Client of the possible harmfulness of any load residues found. 26.3 Hacon is entitled to store the Client's goods in the open air before, during, and after repairs and/or other work. Storage is understood to mean: the storage, whether or not for a fee, for a definite or indefinite period of time, of items belonging to the Client at the time of the order or under its control.
26.4 Storage commences on the day the items are delivered by or on behalf of the Client and ends on the day the items are collected by or on behalf of the Client. Part of a day counts as a whole day. Storage is subject to the deposit rate applied by Hacon at the time of storage.
26.5 If storage for an indefinite period has been agreed, Hacon is entitled to demand in writing by registered letter from the Client that the items placed in storage be removed or have them removed within a period of 2 weeks from the date of the aforementioned letter.
26.6 If storage takes place in the context of a repair order, Hacon is entitled to demand that the items in storage be removed immediately after the repair has been carried out, but no later than two weeks after notification that the repair has been completed. The foregoing applies regardless of whether payment of the amount due has already been made or is still to be made before or upon delivery.
26.7 If items have not been removed after the expiry of the periods referred to in paragraphs 5 and 6 of this article, Hacon may exercise the power conferred on it by Article 6:90 of the Dutch Civil Code.