1. General points – derogations
The current general terms and conditions for sale and rental are applicable to all orders made with us. The client accepts the current general terms and conditions for sale and rental on placing an order. The derogations, including those which appear on the client’s documents, are opposable only by means of written confirmation on our behalf. In this case, the current conditions continue to apply for all the points for which the contrary is not expressly stated.
2. Reservation of title
The seller retains ownership of the goods until the complete payment of the amounts agreed on by contract has been made. The risks are the responsibility of the buyer. The down payments made may be kept to cover possible losses in the event of resale. In the case of the resale of goods – even transformed – belonging to the seller, the buyer immediately assigns all receivables to the seller resulting from their resale. The client assumes full responsibility for the rented goods: he is answerable for any deterioration or destruction, even due to unforeseeable circumstances or force majeure.
Complaints concerning sales will only be admissible if they are made within eight days of receiving the merchandise and invoices. By derogation, the deadline will be extended to 15 days for consumer sales. For consumer sales, the current conditions refer to mandatory law provided for in articles 1649 bis to 1649 octies of civil law. Complaints must be sent by registered post.
Complaints concerning rentals will only be admissible:
* In the case of assembly by the company Event Artisans bvba, on condition that they are addressed to our assemblers at the time of assembly and are confirmed by registered post on the next working day following assembly;
*In the case of the collection of goods by the client, on condition that they are sent by registered post on the day following the collection of goods in our workshops.
If the complaint is recognized as being justified, our obligations will be limited exclusively to the replacement or free repair of goods delivered or of its defective parts, without being obliged to provide any sort of compensation for any charge whatsoever.
A possible fault in goods sold or provided for rental does not exempt the client from paying the invoice but authorizes him only to deduct the cost of the rental or sale without any question of additional damages and interest, as long as it has been sufficiently established that the said fault is our entire responsibility and that it was not corrected.
Unless other stipulations have been expressly accepted by the company Event Artisans bvba, the payment of our invoices must be made in cash and in full. Any late payment gives us the right to terminate the contract for the unexecuted part without prejudice to all damages and interest.
Each supply constitutes a distinct operation and we do not accept any automatic compensation on the basis of return, dispute, contesting, etc., unless we have given our express agreement. However, in the case of bankruptcy, collapse or application for a composition on behalf of our debtor, compensation will apply automatically without any formalities required.
5. Penalties for late payments
Invoices which are unpaid at their settlement date are interest bearing at a rate of 1% per month automatically and by rights, without prior formal notice. Furthermore, in the event that an invoice is not paid within the eight days following a formal notice, the amount will be increased by fixed compensation of 15% with a minimum of 125 euros, to cover administrative costs and the loss of circulating capital.
6. Plurality of contracting parties and joint and several liabilities
In the case of an order made by another party, the party which makes the order is severally liable with the beneficiary of the order for all resulting obligations. Likewise, if the order is invoiced on the client’s request to another person, both are severally liable for the payment and all obligations resulting from the order.
The lessee may cancel a contract on condition that:
it is done by registered post;
* he pays simultaneously as damages and interest:
* 25% of the amount of the rental if the cancellation occurs more than 4 months before the date of assembly
* 40% of the amount between 3 and 4 months of assembly
* 50% of the amount between 1 month and 15 days of assembly
* 75% of the amount if the cancellation occurs less than 15 days from the date of assembly and as long as the material has not been loaded in the rental agent’s
Even if the lessee cannot use the rented material, regardless of the reason, the cost of the rental is due in full.
The down payment is also due.
In contracts concluded with consumers, the rental agent may cancel the contract under the same conditions.
8. Responsibility of parties
The rental agent’s material is covered by the latter only for the rental agent’s own civil liability for its use.
The lessee is responsible for the supervision and protection of the rented material as soon as the first material arrives and until the rest of it has been collected. He will take the required measures to draw attention to the material if it has to be placed on public land or in passages. The lessee’s responsibility comes into play for everything concerning the use of the rented material: he is fully responsible in particular for accidents involving people or damage to goods resulting from the use or enjoyment of the rented objects.
9. Transport and delivery
The lessee can pick up the rented goods themselves and/or bring back. In such case, the cost and risk, unless otherwise agreed, with respect to the transport, loading or unloading and/or (dis)assembly of the rented goods shall be borne by the tenant. The rented goods can also be delivered and/or picked up and/or (dis)mounted by the rental agency, upon payment of a fee for transportation and manipulation. The rates apply under normal conditions of supply (eg: easy access to the place of delivery, ground floor, contact person on site, etc.).
10. Rented material
The lessee is responsible for checking the goods during its collection, delivery and assembly, thus indicating full approval of the said merchandise and its perfect condition.
It is the lessee’s responsibility to ensure the maintenance of the delivered material and in particular to avoid any damage. The lessee is responsible for any damage to the rented material resulting from storage, assembly, operation or inadequate use on his behalf.
The material shall be returned to the rental agent in a perfectly clean state. Any cleaning or maintenance costs shall be borne by the lessee if this is not the case.
Regardless of who is in charge of the transport of the hired goods, the rental period begins on the day when the hired goods leave the rental agent’s warehouses. Rentals are counted in three working-day periods including the day of delivery and day of return. Any additional day begun is payable in full at the same rates.
Event Architects bvba has the right to replace an ordered item with a similar item, if the ordered item was damaged and/or dirty (eg. stains on upholstered seating) during a previous rental, and there is no time to repair or carry out the necessary cleaning; without having to pay any form of compensation to the lessee.
11. Deadlines – force majeure
Except for gross negligence, the rental agent is exempt from all responsibility in the execution of the present contract, in particular as regards dates indicated. The delivery and execution dates are always provided as an indication. We shall not pay any damages and interest if these dates are not respected.
The rental agent escapes liability in cases of force majeure, with no right to compensation on behalf of the lessee as regards the delivery of the rented material, giving the rental agent the right to cancel the contract. Cases of force majeure include war, mobilization, strikes, riots, rebellions, accidents, sickness, disasters, floods, fire, storms, damage, destruction or loss of material during transport, extraordinary circumstances such as the prevention from exporting or importing, preventive measures on behalf of any authority, or interruptions in the provision of electricity or fuel.
Generally speaking, this includes any unforeseen event preventing the launch (in this case the down payment is reimbursed immediately) or continuation of the normal execution of the contract, including all obstacles which increase the cost or difficulty of the execution of the contract.
In the case of dispute, only the court of Antwerp and Belgian law shall have jurisdiction.
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