General terms and conditions of sale, delivery, payment and rental

General terms and conditions of sale, delivery, payment and rental

1. Subject to express written derogations, all terms and conditions of sale and rental shall be governed by the stipulations set out below. By placing an order, the customer shall be deemed to agree to the latter. Orders shall only be binding upon us if our suppliers do not make any changes to their models and provided that the stock is not exhausted.

2. Our offers shall be free of obligations at all times. The agreement shall only be concluded after our written confirmation or at the start of the execution. If as a result of force majeure, strike or lockout etc. we are no longer able to execute an agreement, we reserve the right to terminate that agreement, without there being any entitlement to compensation.

3. In case of termination or cancellation of the agreement or the order by the customer, a fixed compensation of 25% on the total amount shall be due as of right. This stipulation does not affect the right of 'PLAY AV nv' to claim damages equal to the damage suffered.

4. All complaints need to be submitted in writing and by registered mail within eight days of the invoice date.

5. Unless stipulated otherwise, our invoices are payable in cash to the registered office of the company or to the company’s bank account. The acceptance of a bill of exchange shall not entail any novation of debt. The present conditions shall remain fully applicable. All costs related hereto shall be payable by the customer and in cash.

6. The amount of each invoice not paid on the due date shall by law and without notice of default be automatically increased by 10%, with a minimum of € 50. Moreover, in case of non-payment, an interest in arrears of 8% per year shall by right be payable starting on the maturity date.

7. The delivered goods shall remain the property of 'PLAY AV nv' until the principal amount, interests, costs and taxes have been paid in full. However, the risks shall be borne by the customer as soon as the goods leave the company.

8. The VAT, packaging, transport, insurance and customs costs shall be borne by the customer. The means of transport shall be at our discretion when the goods are shipped from our warehouse. If 'PLAY AV nv' calls upon an external carrier for the delivery of the goods, 'PLAY AV nv' shall only act as the customer's representative.

9. The warranties given shall be those specified by the manufacturer.

10. All intervention costs (precost & time started) during this guarantee period will be charged according to the applicable PLAY AV rates.

11. The delivery terms stated shall always be indicative and shall not be binding upon ‘Play AV nv’. Late deliveries shall not entitle the customer to claim damages or to terminate the agreement.

12. Special conditions regarding the rental of equipment:

a.    During the rental period, the renter shall remain liable for the rented equipment. He shall bear full responsibility for all risks that may occur (fire, theft, damage, accidents etc.). The resulting loss of value or damage to the installations shall be at the expense of the renter and payable to 'PLAY AV nv'.

b.    In the event of late return of the equipment, the rental amount will be increased by the daily fee.

c.    The rental equipment is assumed to be in order and ready for use. However, from the moment of the conclusion of the rental agreement between the parties, the renter declares to have received ready-to-use equipment.

d.    If 'PLAY AV nv' is responsible for the transport of the equipment, the renter must be present at the agreed place and time. In the event of default, the agreement shall terminate and the renter shall be liable to pay cancellation fees (see 12. f.) as well as transport and loading costs.

e.    The renter is not allowed to change the internal and external structure of the equipment. The equipment shall be returned in the condition it was in when it was collected.

f.    In the event of a breach of contract, the renter undertakes to pay the following flat-rate expenses and/or compensation:

- 50% of the agreed rental price after the conclusion of the rental agreement.
- 80% of the agreed rental price in case of cancellation on or from the first day of the rental period.

13. Special conditions regarding interpreters 

The customer reserves the right to unilaterally cancel an order at any time. 
In that case, the customer and/or main client undertake to compensate Play AV for all costs already incurred in accordance with the cancellation policy below. 

a.    Cancellation fees for interpreters 

Interpreters that are cancelled 11 working days before the meeting date shall not be invoiced. 
Interpreters that are cancelled 10 to 5 working days before the meeting date shall be invoiced at a rate of 50%. 
Interpreters that are cancelled 5 or less working days before the meeting date shall be invoiced at a rate of 100%.

14. Any disputes arising from the present agreement shall be submitted to the exclusive jurisdiction of the courts of Deinze and Ghent. Solely the Belgian law shall be applicable. In case of discrepancies between the Dutch and English version of the present terms and conditions, solely the Dutch version shall be legally valid.