We all rent products from time to time. However, rented products can cause problems. Rented products are often defective for one of the following reasons:
- they are very old;
- they have not been properly maintained;
- they are not provided with personal protective equipment;
- they are not provided with a clear user manual.
Some rented products can be dangerous or risky to users and potential bystanders, such as a circular saw, a chainsaw, a shredder, etc. Other rented products can only be used in specially-equipped areas, or on specially-designed grounds, such as skates or karts.
In each case, the lessor has to provide the lessee with required information to ensure that they use the proper protective equipment.
The general terms and safety regulations set in the Code of Economic Law, book IX on service et product safety are supplemented by specific requirements in the Royal Decree of 4 March 2002 on product rental.
Obligations of the lessor
When renting out products, the following information must always be provided to the client:
- the user manual of the rented product;
- the required safety measures to be taken for the use of the rented equipment, given both orally and in (an) accompanying document(s);
- a legible notice on safety measures displayed clearly to the lessee, in the event that the rented equipment is used in buildings or on the premises of the lessor.
The provided documents or notices must be written in the language or languages of the region in which the product is rented.
The lessor shall provide the lessee with personal protective equipment that is recommended or enforced in the user manual of the rented product.