Terms of Sales
Flashletters SPRL is referred to as the "Company".
1. COMMON GENERAL CONDITIONS
1.1.1 Our Terms and Conditions govern and form an integral part of all our contractual relationships. The other party acknowledges having read and accepted them.
1.1.2 The contracting party expressly acknowledges the primacy of our General Terms and Conditions over any other general conditions, including, where applicable, his own.
1.1.3 Any derogation from our General Conditions can only take place with our prior written consent by means of special conditions.
1.1.4 The fact that the Company does not implement one or the other clause of these terms and conditions can not be interpreted as a waiver on its part to use them.
1.1.5 The nullity, derogation or unenforceability of one or more clauses of our General Conditions, in particular by the effect of mandatory legal provisions or in application of 1.1.3., Does not prejudice the application of the other clauses of the present General Terms and Conditions. The parties undertake to replace the disputed clause (s) by one or more others performing the same function (s).
1.2.OFFER AND ACCEPTANCE
1.2.1 Our offers are binding only for the duration indicated in the offer and, failing this, for a period of 15 days from the date of issue. In the event of an increase in one or more of the factors making up the cost price during the offer or the contract, this increase will be passed on to the final invoice in accordance with the relevant legal conditions.
1.2.2 All contracts and agreements executed by the Company are deemed to be made at the registered office of the Company.
1.2.3 The communication of the offer countersigned by the customer implies acceptance of it. Moreover, any manifestation of the acceptance of the co-contractor even on the basis of a circumstantial silence or appearances may commit him. However, we reserve the right to refuse any other acceptance than that established by the receipt at our address of the dated and signed offer for agreement by a proxyholder.
1.2.4 Acceptance of the offer is binding both on the company or association it represents and on the signatory himself, both of whom are co-contracting parties also jointly and severally liable for all obligations. contractual obligations towards the Company.
1.2.5 All our catalogs, brochures, price lists and other information provided to the customer do not constitute offers and are communicated without any commitment on our part.
1.3.1 In the absence of any special provision to the contrary, delivery and receipt are deemed to take place at the registered office of the Company.
1.3.2 Our delivery times are only indicative. A delivery delay can in no case give rise to the award of damages or any compensation, nor constitute a reason for the customer to refuse the goods.
1.3.3 In the event of an abnormal delay attributable to us, the other party waives all rights other than the right to cancel the order one month after formal notice by registered mail with acknowledgment of receipt left unattended by us, without damages and interests, whatever they are.
1.3.4 Spare parts are always delivered non-refundable.
1.4.1 Maintenance performed by the Company does not include repair of any damage or damage caused by improper use of the equipment. This type of repair will be invoiced by the Company at an amount of EUR 50 excl. VAT / hour, excluding travel expenses and the purchase price of the parts.
1.5.1 All prices quoted in our offers are prices excluding VAT. They do not include any tax or fees, such as import duties, packaging, loading and unloading, transport or insurance charges, other than those expressly indicated in writing.
1.5.2 Prices are mentioned and payable in euros, any price change being passed on to the customer.
1.5.3 A deposit of 50% is due within ten days of acceptance of the offer. We reserve the right to cancel any contract, automatically and without notice, in the event of non-payment of the deposit, without prejudice to any damages and interest suffered by the Company. In case of cancellation by the customer, the Company will not refund the deposit.
1.5.4 Any payment is due and payable by bank transfer within 8 days of the date of issue of the invoice.
1.5.5 The provision of services, removal or delivery of equipment without payment does not constitute tacit acceptance of an abandonment of payment.
1.5.6 In the event of late payment, late payment interest at the contractual rate of 12% shall apply automatically and without prior notice given the due date. In addition, the amount of the invoice will be increased by 20% with a minimum of 150 euros under the penalty clause. This without prejudice to the possible legal costs incurred and the procedural indemnity.
1.5.7 The non-payment of one of the invoices on the due date automatically renders all the receivables, even those not due.
1.5.8 In the event of late payment, the Company reserves the right to suspend all its obligations without warning and without the other party being able to claim any prejudice.
1.5.9 Additional orders from the other party shall be invoiced in accordance with the general rates of
the Company in force on that date or at the price expressly agreed upon by the parties.
1.5.10 Our agents, representatives or employees do not have standing to collect amounts to pay bills. We acknowledge the validity of a payment only if discharge has been given by our duly qualified agents for this purpose.
1.5.11 For orders of less than € 50 excluding VAT, an increase of € 7.50 for administrative costs will be charged.
1.6.1 In the event of cancellation by the contracting partner for any reason whatsoever, the latter remains liable for compensation of 50, 66 or 100% of the billing according to whether the cancellation occurs respectively between 15 and 8 days, between 8 and 3 days or less than 3 days before the date of delivery / delivery / making available the rented item, without this compensation being lower than the reimbursement of all disbursements of the Company (interpreters, subcontractors , etc.).
1.7.BREACH OF CONTRACT
1.7.1 The contract may be terminated or terminated, if applicable to the damages of the other party, by operation of law, without notice and without prejudice to any damages, if the other party ceases all or part of its business, in particular by bankruptcy. bankruptcy, concordat, liquidation, assignment or death; if its legal personality is modified, in particular by merger, split; if the fulfillment of its obligations by the other party is compromised, especially in case of seizure, placing under guardianship of the other party.
1.7.2 The resolution or termination will also be automatically due to the damages of the other party if it persists in not performing its obligations after a period of 8 days after formal notice.
1.7.3 In the event of breach of the contract, the Company shall immediately resume possession of the equipment it owns. The contracting partner expressly undertakes to let the staff responsible for the removal of the equipment enter the premises.
1.8.1 The Company is exonerated from all liability in the event of a non-fulfilled obligation, in whole or in part, or delayed as a result of force majeure, fortuitous event or any other event beyond its control, caused by the buyer or by some thirds. Are considered in particular cases of force majeure: labor disputes, delays in delivery of the supplier, shortages of equipment or means of transport, wars, riots, fires, natural disasters, bad weather, serious road accidents during transport / journey to the place of performance of the contract, serious illness or unexpected death of the personnel / staff of the Company, when they have the effect of delaying or making impossible the performance of the contract. The Company is presumed to be in one of these exemptions; it will not have to establish the unpredictability, the irresistibility of the event, or the impossibility of executing the contract. We reserve the right to extend the period of performance of the contract by a period equal to that during which the case of force majeure or the act of the prince lasted. Similarly, if these facts may compromise the execution of the order as provided, we reserve the right to terminate the contract without obligation or liability on our part.
The Company will promptly inform the other party of the occurrence of the force majeure event.
Unless otherwise required by law, the Company is not liable for any compensation or damage resulting from force majeure, irrespective of the nature of the damage, whether direct or indirect, foreseeable or unforeseeable, including the operating loss. and damages to persons, both with respect to the other party and to third parties.
1.8.2 With the exception of fraud or gross negligence, any liability whatsoever is contractually limited to the amount billed to the customer, with a maximum of 2,000 euros irremovable and not re-assessable over time.
1.9.ASSIGNMENT AND SUBSITUTION
1.9.1 The Company may substitute any other legal person it deems fit to perform the contract in the performance of its obligations. The Company is now authorized to assign the claims resulting from this contract to a third party.
1.10.CLAIMS, APPLICABLE LAW AND JURISDICTION
1.10.1 Any claim generally unspecified, including any claim relating to non-compliance
or hidden defects, must reach us by registered letter with acknowledgment of receipt within 15 calendar days of the finding of the fact that generates it, specifying the nature and the motivation of the claims, the hardly of foreclosure. Claims or disputes regarding the amount of the invoice will be subject to the same regime. Otherwise, the said invoice will be considered as incontestably accepted by the addressee. In order for a credit note to be granted to the customer, the following cumulative conditions must be respected: (I) return of the defective parts, (II) mention of the number and the invoice date concerned and (III) written agreement of the Company after examination.
1.10.2 All our contracts are subject to Belgian law.
1.10.3 Any dispute about our contracts will be the jurisdiction of the courts of Nivelles. However, we reserve the right to assign the contracting party on the basis of another connecting factor provided by the Belgian Judicial Code or the International Conventions.
2. GENERAL RENTAL CONDITIONS
2.1.DELIVERY / RETURN
2.1.1 The collection and return of the equipment will take place at the Company's headquarters during its opening hours, Monday to Friday from 9:00 to 12:30 and from 13:00 to 17:30. In case of late return of rented equipment, a compensation per day of delay will be charged to the customer, any day started being considered a full day. This allowance will correspond to the rental rate per day for equipment returned late.
2.2.1 The deposit of a deposit is obligatory and its amount will be fixed according to the importance of the rented equipment, without this amount being lower than 200 €.
2.2.2 The Company has a period of 7 days to test the equipment after receipt. The delivery of a return certificate can in no case be valid for acceptance of the return of the goods except in terms of quantities.
2.2.3 Any amount due by the client to the Company may be directly deducted from the amount of the security, depending on the circumstances and the following rates:
Letters are not ready in time for pick-up (10€/hour)
The equipment is lost, broken:
- Bulbs (5€/p, 50€ per box)
- Base (80€)
- Cable (30€)
- Screws (2€)
- Suitcase (50€)
- Extension cord (60€)
- Cover (80€)
- Damage to a letter (50€/h of distribution + purchase price of wood and paint)
The return pallet is poorly prepared (no plastic film, no strap, etc.) at the risk of damage to the letters (50€/letter)
Delay in return, longer than expected downtime (70€/day/letter)
Delivery times not respected (30€/hour)
Option assembly/disassembly: the deliverer must assemble the letters / the deliverer comes to collect the letters without them being disassembled (50€)
Cleaning of letters: 30€/letter
2.3.1 During the period of availability from the time the equipment leaves the Company's warehouse until it is returned, it is under the sole responsibility of the customer who assumes all the risks (theft, damage, etc.) even caused by third parties and ensures a good father. Third-party companies or third-party companies contacted by the Company on behalf of the client are also considered to be third parties. The customer is required to refund immediately, at the purchase price in force, any material damaged or missing at the end of the period of availability. The tenant will allow access to the site of the event to agents of the Company to ensure the proper use of equipment. The Company reserves the right to terminate the lease if the customer remains in default to take reasonable and appropriate measures to preserve the rented equipment.
2.3.2 The customer undertakes to notify the Company immediately by registered letter in case all or part of the rented equipment (i) is seized by a third party. The client also undertakes to immediately notify the seizing party that the material affected by the seizure is the property of the Company by reserving a copy of his mail to the latter, (ii) would be involved in an accident causing bodily injury or material or in a civil and / or criminal action; (iii) be requisitioned, borrowed, stolen or damaged for any reason whatsoever. Each bulb or extension lost or damaged will be charged respectively € 5 and € 25 excl.
2.3.3 The customer is required to take out insurance that will cover his rental liability in the event of loss or theft, damage to the installation, as well as the damage that the equipment or the employees of the Company could cause in the places of the event. This policy will cover, at its new replacement value, the equipment against the risks of theft, vandalism, bad weather, riots, destruction for any reason whatsoever, including the case of force majeure.
2.3.4 The Company may at any time request a copy of the insurance policy.
2.3.5 The customer guarantees that the event is legal and that he has all the necessary authorizations (contractual, administrative or legal, etc.) to its realization. In the event of partial or total non-fulfillment of the event, the other party will inform the public at its own expense that it is solely responsible and the compensation due to the Company is set at twice the amount of the billing. total of the event.
2.3.6 The customer agrees to handle the equipment as carefully as possible. It must always be carried in its protective covers. Each material has its own cover, the customer will take care not to put several materials in the same cover.
2.4.RESPONSIBILITY OF THE COMPANY
2.4.1 Without prejudice to the reasons for exemption and limitation of article 1.8, the Company declines all liability resulting from latent defects that may affect the rented property.
3.TERMS OF SALES
3.1.1 The risks are transferred as soon as the sale is perfect, either by agreement on the thing and on the price, or upon specification of the thing, regardless of any consideration relating to delivery or receipt. Whatever their modalities, storage and possible transport take place only at the request, under the responsibility and risk of the buyer.
3.1.2 In the event of partial performance for absence or shortage of stock, the duplication of shipping costs shall be borne by the buyer unless he expressly specifies that the order is indivisible. This specification must be done at the latest before the first shipment.
3.2.RESERVATION OF PROPERTY
3.2.1 The seller reserves the right of ownership of all things delivered / provided until the buyer has fully fulfilled his obligations to him, namely in particular until the full payment of any debt of the buyer in question of any kind whatsoever, including prior or subsequent claims, interest and costs. Any payment period granted to the customer may not constitute a waiver of this clause. When successive deliveries take place in a current account, the retention of title remains valid until the closing of the account balance of the buyer.
3.2.2 The above provisions do not prevent the transfer to the buyer of the risks of the thing, as well as the transfer of responsibility for any damage that may be caused by this thing.
3.2.3 The client is prohibited from selling or processing the goods until full payment has been made.
3.2.4 Goods and merchandise may not be pledged or used as security for the claim of a third party.
3.3.1 The delivered item is deemed to be in conformity with the needs and the use intended by the buyer, except that the latter must establish that it does not correspond to the written description of the needs and use that he has established before the sale. In the absence of a written description, the thing advised by the seller is presumed adequate to meet the oral requirements of the buyer.
3.3.2 If the goods are transported by a third party, the latter is deemed to have a mandate to note the apparent defects of the merchandise acquired, at the moment when it is handed to him by the seller. Any reservations will be mentioned by the carrier or the customer's representative on the delivery note, the invoice or the transport documents. In the absence of such reservations, defects shall be presumed to have been caused by the buyer.
3.4.WARRANTY AGAINST HIDDEN DEFECTS
3.4.1 Without prejudice to the reasons for exemption and limitation provided for in Article 1.8, the purchaser has a commercial guarantee on the equipment sold under the same conditions as the guarantee given to the seller by his own supplier; the duration of the warranty will not exceed a period of 2 years from the date of sale.
3.4.2 As with apparent defects, all defects or defects that are not inherent in the thing itself and their consequences are excluded from the warranty. In particular, breakdowns or damage resulting directly or indirectly from any transport of the thing as soon as the risk is transferred shall be excluded; any negligence, mistake in connection or handling, use not in accordance with technical specifications, faulty or clumsy use; any repair or maintenance or similar operation performed by a person not approved by the seller; any addition, use of complements or accessories which do not comply with the technical specifications or, even if they comply, have not received the prior written agreement of the supplier or the seller; any fire, water damage, accident or lack of air conditioning, storm, consequences of the storm or weather accidents; any act or wrongful act committed by any person, including the buyer or his agents and any even temporary defect of the physical environment.
3.4.3 This warranty is limited to free replacement, free repair or refund, at our option, of the defective part.
3.4.4 The shipping costs are borne by the buyer even when the defect is covered by the warranty.
3.4.5 The guarantee is personal to the buyer. Accordingly, any person to whom the buyer would transfer ownership or possession, the equipment sold, could not avail of the guarantee given by the seller.
4.GENERAL PROVISIONS FOR THE PROVISION OF SERVICES
4.1.1 The customer will always be responsible for the security on the site and will ensure to inform the personnel of the Company of the safety instructions. The services of the Company shall be in accordance with the instructions and under the supervision of the client so that, except in the event of fault by the Company or its principals, the customer shall be liable for any personal injury or material damage whatsoever which occurred during the performance of the contract.
4.1.2 If, for reasons not attributable to the Company, the delivery of services should exceed the time stipulated in the purchase order or offer, the amount billed will be increased in accordance with the hourly rate stipulated in the offer.