General terms of sale
GENERAL TERMS AND CONDITIONS OF RENTAL OF EQUIPMENT AND OF SALE, WITH OR WITHOUT SET-UP/TAKE-DOWN
These general conditions apply to all sales of equipment by Globall Concept and rentals of equipment from Globall Concept, whether this be with or without set-up and/or take-down services. The terms « we », « us » and « our » used in these general conditions refer to Globall Concept. The customer’s general or special terms and conditions are never applicable to the contractual relationships between parties, save with our express, written agreement. These general terms and conditions can only be waived on receipt of a letter signed by a legally authorised representative of our company.
Offers and orders
Our offers do not entail any obligation on our part; orders are only considered accepted by us if we confirm them in writing or if we execute them. In the event of an order placed orally or over the telephone, the customer is responsible for any errors that may occur. The person who places the order is assumed to be authorised to do so. He or she is always obliged jointly and severally to pay the invoice for the order. Cancellation of an order we have accepted or the return by the customer of the equipment delivered can only occur if we have previously authorised this in writing even in case of force majeure on the part of the customer. In this case we reserve the right to invoice 15% of the cancelled order for damages, with a minimum of 75 EUR.
The prices indicated in our catalogues, offers and other documents are indicative only and we are only bound to them after we have confirmed the order.
Delivery and placement times
Only the delivery and/or placement times detailed in a document issued by our company should be referred to. These times are for information only and we will not be held liable for our failure to meet them. No order can be cancelled due to expiry of the delivery time indicated in the order form, the order confirmation or any other document.
Payments and payment delays
Our invoices are payable on the date indicated on the invoice; unless specified otherwise, they are payable in cash.
Any amount unpaid on expiry will accrue, automatically and without formal notice, interest at a rate of 1% per month. Furthermore, an indemnity of 15% of the principal, with a minimum of 75 EUR ex VAT will be due, notwithstanding our right to demand payment of the loss effectively suffered. The granting of payment terms cannot be interpreted as a renunciation of our rights on our part. Non-payment of an invoice on the due date makes the outstanding amount of all other invoices payable, even invoices not yet due.
The consequences of force majeure (such as war, strike or lockout, fire or flood, storms, machinery breakdown, epidemics, decisions of the authorities, etc.), or other unforeseen events over which we cannot reasonably be expected to have control, cannot give rise to any compensation at our expense.
Delivery, transportation, reception of equipment and works and functional testing
Equipment is delivered ex works, to our headquarters, our depots or factories or those of our service providers. If the order details a physical delivery address other than our headquarters, depots, factories or service providers the carrier services are ordered by the customer, who assumes the risks thereof in accordance with ex works rules. Save where mentioned otherwise in the order documents, we freely choose the carrier from among carriers considered reliable. We are under no obligation to take out insurance to cover any damage that may occur during transport and it is up to the customer to take out such insurance if he so wishes and to inform us of it. Transport costs and possible insurance costs are in addition to the price of the products and services. Equipment sold or rented must be tested upon receipt. Any complaints about the equipment sold or leased must be made to us by registered letter within seven days of receiving this equipment. If the complaint concerns the number of products delivered, or the condition of the packaging of these products, it must be communicated immediately upon delivery, by fax or email, and confirmed by registered mail. After that time, we will not be obliged to attend to the complaint. Under no circumstances may the products that are the subject of the complaint be used after the test, otherwise the complaint will be inadmissible. In the event of a complaint, we are free to choose either to execute a replacement order or to take back the equipment and cancel the sale, without providing any compensation. For placement works, the customer is obliged to proceed with the definitive acceptance of the works on their completion. Failing this acceptance, the material delivered and placed is assumed to be in perfect condition and definitively accepted. All acceptance costs will be met exclusively by the customer; if the acceptance is executed by an independent inspection office, the costs are payable by the customer. The equipment sold, rented (and placed, where applicable) may differ slightly from the description provided. The customer accepts that minor differences will not amount to a non-conformity of the equipment or of the works and will not give rise to compensation.
Transfer of risk
The risks concerning the equipment sold or rented are transferred to the customer on delivery (which will be ex works). The risks concerning the works executed are transferred to the customer at the moment of their acceptance.
For sales of equipment, the customer only becomes the owner of the equipment delivered after fulfilling all its obligations to us. Therefore, if the customer is in default, we can exercise our right of ownership over the equipment delivered, even with respect to third parties, and demand it be returned. The customer will take all useful measures to prevent its creditors exercising rights over the received equipment sold (unpaid) or rented and will immediately present proof of the measures taken in this respect. By means of this authorisation, the customer irrevocably authorises Globall Concept and its agents to access the property where the equipment is stored or placed at any time and to carry out all the operations required to recover it. The customer shall take out all necessary insurance to cover any damage that may be caused to the products sold, up to the transfer of ownership of the products (including any insurance to cover the products during transport, if we have not taken out insurance in this respect).
For rented equipment, this equipment is in the customer’s safekeeping throughout the rental period. The customer will look after these goods with due diligence. The customer is answerable for damage to or loss of equipment that occurs while it is using it and for damage the equipment may cause to third parties, except in the event of fraud or gross negligence on our part; the customer guarantees us against any legal action brought against us by third parties due to a problem relating to the equipment, its placement or its removal, save in the event of fraud or gross negligence on our part.
Our liability for the sale of products or services is limited as follows. We make no warranty that the products sold or rented will achieve any particular result; we give a one-year warranty from delivery of the products or acceptance of the work, against manufacturing defects (being understood as the defect which already existed at the date of transfer of risk and which prevents normal use of the product or the result of the work carried out) and against significant loss of decorative value of the product (other than normal wear and tear of the product), provided that these products are used in accordance with the user manual. Products claimed to have a manufacturing defect must be returned to us (return costs paid by the customer) so that we can verify the cause of the defect. In any event, we shall only be liable in the event of wilful intent or gross negligence on our part or on the part of our agents. Our liability is also limited to the invoice amount for the service on which our liability is based. In the event of product defects for which we are liable, we can always choose to compensate the customer by repairing the product or replacing the products with identical or similar products instead of monetary compensation. In case of repair or replacement of the product, we will bear the costs of returning the product to the customer.
If the customer’s credit is undermined or if it fails to fulfil its obligations to us, we are entitled to cancel all or part of the agreements linking us to the customer, without sending formal notice and without meeting a period of notice or paying any compensation; this cancellation is executed notwithstanding Globall Concept’s other rights.
All additional works (outside the contract) will be invoiced separately.
All the technical works required to place the equipment are to be executed by the customer, at its cost, save where expressly agreed otherwise and the customer is responsible for the quality of these works. For works to be executed by Globall Concept the customer will make sure that we can execute them in the best of conditions, including the placement of the fastenings; in this case the customer undertakes to provide us with free access to the places where the goods will be placed and/or collected on the day and time they communicate to us in advance and to provide us with the facilities required for the execution of these works (electricity, light, etc.). In the event of the impossibility, even temporary, of executing the works, due to reasons not attributable to us, we will be entitled to claim payment of additional costs generated by this situation. Under no circumstances are we required to restore surfaces bearing fastenings back to their previous state after removing the latter. The customer will not be able to claim any damages if we do not place or do not collect the equipment on the agreed date due to external factors, such as, for example, bad weather or road conditions. The customer is aware of the fact that certain safety problems may only arise on placement of the equipment. Globall Concept will decide, at its sole discretion, whether the equipment can be placed safely. If we consider that there is a significant or unsolvable safety problem, we are entitled to cancel the contract, without payment of damages and interest.
For goods placement works, the customer will provide an electricity supply less than 10m away from the installed goods. The electricity supply must comply with all the regulations in force and be sufficient to be able to install the ordered goods. All electrical works necessary for the placement of the goods are to be performed by the customer and are payable be the latter, save express written agreement.
The lessee or buyer will obtain all the authorisations generally required for the placement, use and removal of the equipment delivered or rented. All the costs relating to these authorisations are payable by the customer.
The equipment and also the packaging sold or leased by Globall Concept meets the legal requirements applicable in Belgium. When products are aimed at being used or sold abroad, it is the client to inform us of the legal requirements applicable to these products in the country where it is aimed at being used/sold, in which case the cost to adapt the products and/or the packaging will be borne by the customer and a reasonable period of time will automatically be added to the delivery and / or placement time. Globall Concept will inform the client of the additional cost and the estimated time to make the adaptations to the products.
Safety and cleanliness agents
The payment of security guards or other persons (other than the customer’s employees or agents), whose presence is made necessary by Globall Concept’s work on the site or the leased equipment is only payable by Globall Concept if so provided in the contract and only for the duration of Globall Concept’s work on the site. Save express mention otherwise in the contractual documents, the complete cleaning of the site after set-up and take-down is not Globall Concept’s responsibility.
Maintenance and replacement
In the case of rental, we ensure the maintenance of the equipment in our stores between collection and placement. The maintenance and replacement of the equipment, for example due to acts of vandalism, are the responsibility of the customer and will be subject to a separate additional invoice. We shall, however, replace defective parts of the equipment at our expense, provided that the defects are inherent to the equipment and that the equipment has been used in accordance with the operating instructions. Replacements of bulbs and other lighting elements are not considered as replacements of defective elements. All other replacements will be charged as additional work.
Intellectual property rights
All graphics, drawings, photomontages or mood boards or other graphic elements of any kind presented or used by us, are our property and protected by intellectual property rights. Copying, modifying, ditributing copies of them or creating a work derived from these elements is prohibited. Globall Concept reserves the right to claim damages and interest in the event of counterfeiting or more generally of infringement of these intellectual property rights.
The provisions of these general terms and conditions shall prevail over any supplementary legal provisions (including the provisions of the United Nations Convention on Contracts for the International Sale of Goods that are contrary to the provisions of these general terms and conditions). However, nothing in these general terms and conditions is intended to derogate from the application of any mandatory legal provisions or public policy provisions that may be applicable. If a provision of the general terms and conditions runs contrary to a mandatory legal or civil order provision, the provision of the general terms and conditions in question will be applied or interpreted so as to make it comply with the mandatory legal or civil order provision, or if this is not possible, will be considered not to exist.
Applicable law and jurisdiction
All relationships with the customer are subject to Belgian law. In the event of a dispute, only the courts of the judicial district of Nivelles have jurisdiction, notwithstanding Globall Concept’s right to bring action against the customer before the courts of its registered office or domicile.