The Product Loan Agreement serves as a crucial legal instrument for situations where one party (the lender) grants another party (the borrower) temporary use of specific products without transferring ownership. This document type is essential in Belgian business practice and is governed by Belgian law, particularly the Civil Code's provisions on loan agreements (bruiklening/pr锚t 脿 usage). The agreement is commonly used for equipment testing, demonstration purposes, temporary replacement of equipment, or collaborative projects. It includes comprehensive terms covering delivery, usage rights, maintenance requirements, risk allocation, and return conditions. The Product Loan Agreement is particularly important in commercial contexts where valuable or specialized equipment is involved, requiring clear documentation of responsibilities and liabilities between parties.
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1. Parties: Identification of the lender and borrower, including full legal names, addresses, and registration details if companies
2. Background: Context of the loan arrangement and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Product Description: Detailed description of the product(s) being loaned
5. Loan Term: Duration of the loan period, including start and end dates
6. Delivery and Return: Terms for the delivery and return of the product
7. Use of Product: Permitted uses, restrictions, and conditions for product usage
8. Care and Maintenance: Obligations regarding product maintenance and proper care
9. Risk and Insurance: Allocation of risk and insurance requirements
10. Liability: Responsibilities and limitations of liability for both parties
11. Termination: Circumstances and procedures for early termination
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
13. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Loan Fee: Include when the loan is not gratuitous and requires payment of fees
2. Security Deposit: Include when a deposit is required to secure the product
3. Intellectual Property: Include when the product involves software, technology, or other IP-protected elements
4. Confidentiality: Include when the product or its use involves confidential information
5. Training and Support: Include when the product requires specific training or ongoing support
6. Sub-lending: Include when addressing whether the borrower may lend the product to third parties
7. Export Control: Include when the product is subject to export control regulations
8. Force Majeure: Include when specific force majeure provisions are needed beyond standard Belgian law
1. Schedule 1 - Product Specification: Detailed technical specifications, serial numbers, and condition report of the product
2. Schedule 2 - Delivery and Return Protocol: Specific procedures for delivery and return, including checking and verification processes
3. Schedule 3 - Maintenance Requirements: Detailed maintenance and care instructions specific to the product
4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage details
5. Appendix A - Condition Report: Documentation of product condition at time of loan, including photographs if relevant
6. Appendix B - Usage Guidelines: Detailed guidelines for proper product use and operation
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