1. General – Derogations

The current general sale and rental conditions are in force on every order. By placing an order, the customer is presumed to accept these general sale and rental conditions. The right to derogate can only be invoked with a previous written confirmation of us, even if it occurs on documents of the customer or our representatives. In case of a derogation, these general sale and rental conditions continue to apply for the remaining items without explicit derogation.

2. Reservation of ownership

The vendor reserves the right of ownership for all goods until they have been fully paid for. The risks are being borne by the purchaser. Advances may be withhold in order to cover possible resale loss. In case of resale of the goods of the vendor, even if they have been subject to (substantial) changes, the purchaser transfers all the claims arising from the resale. The customer bears the responsibilities attached to the goods rented to him, he is responsible for any damage or destruction, even when caused by hazard or force majeure.

3. Complaints

Complaints about the sale of products are only accepted if we are notified by means of a posted registered letter within eight (8) days following the receipt.

Complaints about the rent of products are only accepted if:

• we build up the goods ourselves and the complaints are immediately made to our mechanics while building up and are confirmed by a posted registered letter, sent on the first subsequent working day;
• the customer picks up the goods himself and makes the complaint by means of a posted registered letter, sent on the first subsequent working day following the collection of the goods from our workshops.

If the complaint proves to be founded, our obligations are limited to the free replacement or free repair of the delivered goods or the defective components, we may not be obliged to any indemnity under any circumstances. Any failure to a sold or rented good does not exempt the customer from its payment obligations but allows him or her to deduct the renting or buying costs without being entitled to compensation in so far it has been proven that the failure is entirely due to us and that it has not been corrected.

4. Payment

Except other provisions explicitly accepted by us, our invoices must be settled net and in cash. Any late payments give us the right to dissolve the agreement for the non-executed part without prejudice to compensation. Every delivery is a separate operation and we do not allow compensations arising from returns, disputes, credit notes, etc., except as otherwise agreed by us. In case of bankruptcy, inability and request for an arrangement from our debtor, the compensation will automatically apply without any formalities. In the absence of payment on the due date of the agreed period, all the other claims on the purchaser become legally claimable.

5. Arrears charges

Every invoice that remains unpaid on the expiry date, shall automatically, legally and without prior notice be increased with a monthly interest rate of 1%. Moreover, every invoice that remains unpaid eight (8) days after the notice of default, is increased with a lump-sum compensation of 15%, with a minimum amount of 125 euro, for covering the administrative costs and the denial of working capital.

6. Multiple contractors and shared responsibility

In the case of a third-party order, both the third party and the beneficiary of the order are jointly and severally liable for all the obligations arising from this order. If the order is invoiced to a third party upon the request of the customer, they are both jointly and severally liable for the payment as well as for the obligations arising from it.

7. Cancellations

The lessee can terminate the contract by means of:

• a registered letter;
• the payment of a compensation of:
  • 25% of the rent if the cancellation is done more than four (4) months before the scheduled installation date.
  • 40% of the rent if the cancellation is done between three (3) and four (4) months before the scheduled installation date.
  • 50% of the rent if the cancellation is done between one (1) month and fifteen (15) days before the scheduled installation date.
  • 75% of the rent if the cancellation is done less than fifteen (15) days before the scheduled installation date, as far as the lessor has not taken the material out of his storage yet.

If the lessee cannot use the rented goods, whatever the reasons may be, the rental price will have to be fully paid. Any advance payments shall remain owed as well.

8. Responsibility of the parties

The lessor’s material is only covered for his own civil exploitation liability. The lessee is responsible for supervising and protecting the rented material, as from the arrival of the first pieces until the complete collection of it. The lessee shall take the necessary measures in order to maintain the material in good condition and to prevent it from vandalism and theft. He shall also take the necessary measures in order to prevent the material from fire: signalling, extinguishers, alerting the emergency services, police measures which must be complied with by all the guests, etc. The lessee shall also ensure that the tent remains closed in case of wind. If it snows, the lessee shall immediately turn on a heater in order to make the snow melt continuously. A snow layer as from 3cm may lead to the breakdown of the tent. If this happens, the lessee will be held accountable for the damage caused by not respecting this condition. The lessee shall ensure the necessary signalling if the material is build up in a public space or a passage. The lessee is liable for everything that has to do with the use of the rented material: he is fully liable for accidents with persons or damage to goods that result from the use and the enjoyment of the rented material. Partially or completely dismantling the tents, opening the sides of the tents and moving movable material is forbidden without prior permission of the lessor and is, in any case, the exclusive responsibility of the lessee. The lessee shall take all the necessary measures in order to tighten the ropes, hammer the poles deeper into the ground or change their position one by one if this appears to be essential of necessary. He shall inform the lessor about this as soon as possible.

9. Assembly and grounds

The lessee shall dispose of all the necessary permits on the agreed installation date. The lessee shall be present on-site in order to indicate the exact position for building up and to answer the questions with regard to the permits and to any potential dangers from the ground. The lessor or his authorised representatives shall permanently (day and night) have access to the rented material. If necessary, the lessor shall dispose of a valid access pass during the events. In no case the lessor’s staff or trucks will execute other activities or transport for the lessee. If the lessee’s staff is not present at the arrival of the truck, a maximum waiting time of four (4) hours is operated. In such a case, the lost hours, the staff and the trucks will be invoiced. After this four (4) hour waiting time, the lessor’s staff, material and trucks shall return to the storage space. In such a case, the total rental price is immediately recoverable. If the ground is not stable, the costs for freeing the vehicles and the material are at the lessee’s expense. Any damage caused to the ground is also at the lessee’s expense (ground collapse, rutting, damaged plantations, etc.). The ground shall be completely cleared and cleaned and shall not contain other height differences than those known at the closure of the contract. When the stability of our structures is guaranteed by anchorage stakes in the ground or by ballast on the ground, the lessee should inform himself at the competent services in order to ensure that this does not include any risk for the underground gas, water, electricity and telephone pipelines. Any damage to the ground as well as to the equipment is at the lessee’s expense. It should be possible to hammer the anchorage stakes in the ground in a normal way on the installation place: the presence of hard padding such as concrete (in the ground or on the surface) should be mentioned to us before signing the contract. The same shall apply when the ground does not dispose of the required resistance in order to fix the anchorage stakes in the ground (marsh, sand, etc.). If, at the moment of dismantling, the material is not entirely available or released, the delay that this entails will be charged to the lessee (extension of the rental contract, additional travel costs, extension of the working hours, etc.).

10. Rented material

The lessee shall return the rented material in perfect condition to the lessor. If this is not the case, clean-up costs or repair costs will be charged. It is forbidden to knock nails, to staple, to screw or to saw into the woodwork, the platforms, the furniture, the tarpaulins; to paint them or to permanently mark them; to hide or remove the advertising of the lessor, except if explicitly stated in the contract. The wooden floors are not suitable for the weight of a vehicle. The rental of any electrical equipment is limited to making it available. All costs with regard to the connection, the control, the consumption and the installation of it are at the lessee’s expense. Chairs, tables, dance floors and platforms must be gathered and folded close to the loading place at the end of the rental period. The extra time we spend gathering our material are at the lessee’s expense. Damaged material will be set aside and will be shown to the lessee. Any repairs and/or missing pieces will be charged to the lessee. Costs for inspection, consumption and connection are always at the lessee’s expense: sewage, gas, water, electricity, fuel, telephone, etc. Under no circumstances may the lessor be held liable for any malfunction of a sanitary installation, heating system, lightning or sound equipment; in general: to the technical equipment. Material such as heating material, teaching material, etc. may in no case be dismantled by the lessee. Any repair arising from this dismantling will be at the lessee’s expense.

11. Terms – Force majeure

Except for a significant mistake, the lessor is exempted from any liability in the execution of this contract, notably with regard to the mentioned terms. The delivery and execution terms are always mentioned as an indication only. We cannot be obliged to pay any compensation if these terms are not complied with. Any case of force majeure from the lessor waives his liability and gives him the right to terminate the contract, without compensation of the lessee with regard to the delivery of the rented materials. The following is generally considered as force majeure: war, occupation, strikes, riots or disturbances, accidents, diseases or other disasters, flood, fire, storm, damage, destruction or loss of material (also during transport), exceptional circumstances such as the prohibition of import and/or export, obstructive measures from either government, power cuts or interruption of the fuel supply. In general: any unforeseen event which prevents the normal execution of the contract (in such case, the advance shall be immediately reimbursed) or the continuation of the contract, including any hinder which hampers or increases the costs of the execution of the contract.

12. Jurisdiction

In case of disputes, only the courts of Nivelles have jurisdiction.

 

Braine l’Alleud, 25 January 2002