GENERAL TERMS AND CONDITIONS
Art. 1 GENERAL
The following conditions apply to any form of contact, cooperation, booking or order (in writing, by fax, e-mail or telephone) that is entered into with DiverZe BV. These conditions also replace those stipulated by the client, or expressly agreed upon.
Art. 2 OFFERS / PRICES / DESCRIPTIONS
All quotations and prices for rental, sale, performance or installation of goods are for information purposes only and are subject to change and typing errors. These are in no way binding on DiverZe BV.
When quotations are drawn up, no account is taken of, or guarantee given regarding availability of goods or personnel.
Drawings, designs, illustrations, dimensions, weights and other data are only approximate descriptions. Any deviations from these, in whatever form, can never be invoked by the customer to refuse acceptance or payment, or to obtain cancellation or claim damages.
Art. 3 PAYMENT
All our invoices must be paid within 8 days of the invoice date, unless otherwise stated on the invoice. In case of late payment, an interest of 10% on annual basis per started month will be charged by right and without proof of default. The invoice amount will also be increased by a fixed compensation of 10% with a minimum of € 250.
Allowed discounts expire in case of non-compliance with the general terms and conditions.
In the event of non-payment, all payment terms shall lapse by operation of law and all invoices, even those not yet due, shall become immediately payable. In the event of non-payment, DiverZe shall be entitled to discontinue all ongoing works and projects both in labour and in goods delivered.
DiverZe expressly reserves the right to assign the invoices to a third party. All additional costs associated with debt collection due to late payments shall be borne by the customer (e.g. lawyer, bailiff, debt collection, etc…).
Art. 4 APPLICATION OF LAW AND SECURITY
Natural persons acting in the name and on behalf of a legal entity may be held jointly and severally liable if said legal entity fails to comply with its obligation towards DiverZe BV. Any disputes shall be settled by the Commercial Court of Mechelen, Belgium.
Art. 5 PROTEST
Only complaints by registered mail, made within 8 days after delivery of the goods or after execution of the work, can be accepted.
Art. 6 PERMITS
The client is always responsible for providing the necessary parking permits, passage tickets, occupying public areas etc… that are required during the entire duration of the event or during the execution of the works. Parking fees or fines resulting from this will always be charged to the client.
SPECIAL RENTAL CONDITIONS
Art. 1 RISK
The client is responsible for any damage, loss or theft of the rented goods during the period that the goods are in his possession (this period does not necessarily coincide with the rental period).
The client always remains responsible for any damage, vandalism or other possible forms of damage to the hired materials, regardless of the presence of DiverZe BV or its employees. This implies that the customer shall provide sufficient personnel or shielding, such that no accidental or intentional damage can be caused.
This liability remains valid without the possibility of invoking force majeure.
The client is not obliged to do so, but it is recommended to take out the necessary insurance(s).
Receipt of materials (delivery or collection) is considered confirmation that they are in good condition and work properly.
The rented equipment may only be used by the client and its employees. The use by – or hiring out to – third parties is not allowed, unless explicitly stated.
Art. 2 DAMAGE
DiverZe BV has 5 business days to report any damage. This period must allow DiverZe BV to test the returned goods.
Damage to equipment will always be recovered from the client (this may also include aesthetic damage such as: ash and/or liquid on equipment, scratches, etc.). Costs for this vary by brand or supplier.
Broken or bent needles, defective lamps, speakers, damaged cables, etc… will always be charged. (see also Art. 4 USE LIMITATIONS)
If the damage cannot be repaired immediately, the client will also be charged for loss of earnings at the rate of two daily rates per day, or per day started on top of any repair or replacement costs.
If the goods can no longer be repaired, compensation will be charged sufficient to replace the goods with equipment of equivalent value at that time.
Art. 3 RENTAL PERIOD
The rental period stated in the delivery note or contract shall be strictly observed by the hirer. Lateness will lead to a compensation of twice the normal rental fees per day or per day started.
Art. 4 USE LIMITATION
The goods will be used by the client in areas that are completely water- and windproof. If the goods are collected by the hirer himself, they will only be transported in a closed truck, van or trailer.
If the equipment is picked up, set up or operated by the client itself, it is assumed that the client or actual user has the necessary knowledge and physical strength to safely handle, set up, operate or program the equipment. Damage due to overloading or improper use to e.g. mixing desks, speakers, dimmers, stands etc. and the resulting consequences are entirely the responsibility of the client.
Equipment mounted in a flight case (eg: sets such as flight case with mixing desk, amplifier rack, CD players, controllers, speakers, etc.) will not be disassembled and / or removed. Only light fixtures, light effects, complete speakers may be removed from their transport cases for use.
Under no circumstances may equipment be opened by persons other than authorized technicians and without permission of DiverZe BV. Violations will result in a compensation of five times the normal rental fees.
Cables must be rolled up properly, materials must be returned in normal condition. For conditioning and/or cleaning of the cables and materials, €65 will be charged per started hour.
Art. 5 BACKUP
In the event of technical problems with the rented equipment, DiverZe BV will, within its own capacity, attempt to replace the equipment.
DiverZe BV cannot be held liable under any circumstances for damage resulting from incorrect use by the client.
If the equipment is collected by the client, support is only provided by telephone.
If on-site support is required, this will be charged to the client. The necessary fee for support to be paid to DiverZe BV will be determined in relation to the technician called and travel.
Art. 6 NOISE POLLUTION
DiverZe BV is not liable for any complaints regarding noise pollution. If equipment is operated by DiverZe BV, the sound level shall at all times be maintained at a level deemed appropriate for the event.
If there is a legal request to lower the level, DiverZe BV will comply; if the organization judges otherwise, DiverZe BV rejects any form of responsibility.
DiverZe BV is not responsible for any damage whatsoever caused by the sound equipment used. Examples include cracked windows, collapsed system ceilings, hearing damage, regulatory fines, etc.
If a particular noise standard is to be used, this must be communicated well in advance. Permit applications and (costs for) installation of noise meter(s) are at the expense of the organiser.
Art.7 ACCESS / SPECIAL CONDITIONS
All goods and equipment must always be accessible to DiverZe BV or its employees. The organization always provides access to the event to employees from DiverZe BV, regardless of the type of event.
At all times DiverZe BV or its employees can have the event shut down, if in their opinion this is necessary in case of e.g. safety, weather conditions, vandalism, etc.
Art. 8 PERMITS
The organizers of the event are always responsible for applying for any permits/authorizations needed for the event. (e.g. SABAM, noise pollution, testing, etc.).
The client has no claim to any form of compensation or non-payment of the invoice, resulting from e.g. late delivery of goods, non-functioning or malfunctioning of goods (see also Art. 5 – BACK-UP), delivered creative or technical performances by DJ or technicians, force majeure, etc.
Art.10 EXTRA CONDITIONS
DiverZe BV reserves the right to specify additional conditions at any time. These can be of a technical nature (min. power supply, enlargement of the stage, covers, etc.), logistical nature (e.g. accessibility of the stage, extra helpers, etc.), etc. and will be specified in advance at the time of booking.
For longer performances, adequate meals and beverages or sleeping facilities for technicians are also expected to be provided.
Art. 11 CANCELLATION
Cancellation of booked goods or services will always incur cancellation fees.
As a rule, these costs are 25% if the cancellation is made 1 month before the event, 50% if the cancellation is made 14 days before the event, 75% if the cancellation is made 7 days before the event, and 100% if the cancellation is made within 2 days before the event. This always with a minimum of € 125.
Only when thorough reasons are shown, it is possible to deviate from the previous rule.
External costs incurred by DiverZe BV, such as hired goods or technicians, shall always be charged at 100%.
Art. 12 REBOOKING / CHANGES AFTER CONFIRMATION
When a confirmed event, either location or date, is rescheduled, a re-booking fee may be charged. The standard fee is 10% of the confirmed offer, with a minimum of € 125.
If, due to changes made by the client, the final amount is more than 25% below the agreed quotation, a rebooking fee of 15% will be charged with a minimum of € 250.
If DiverZe is unable to guarantee availability due to scheduling changes, this shall be deemed a cancellation by the customer. (Art. 11 CANCELLATION)
Exceptions to the foregoing rules are only possible if thorough reasons are demonstrated.
SPECIAL CONDITIONS OF SALE
Art. 1 OWNERSHIP
The delivered goods remain the property of DiverZe BV until full payment has been received, yet after delivery they are entirely at the risk of the customer.
Art. 2 GUARANTEE
On the sale of second-hand goods or ex-demo, there is no warranty of any kind, either explicitly stated otherwise or guaranteed by official transfer from the manufacturer or importer.
Warranty on sale of new goods is guaranteed only to the extent guaranteed by the manufacturer or importer. For other visible or hidden defects, DiverZe BV is not liable. DiverZe BV can under no circumstances be held liable for manufacturing defects or any consequences thereof.
Warranty on delivered works, installations or repairs applies for a period of 1 month, unless explicitly stated in writing by DiverZe BV. DiverZe BV will solve technical problems during this period, only if they arise from technical errors made by DiverZe BV. In no event shall the customer be entitled to any compensation under any form whatsoever.
Transport of goods for repair, whether or not under warranty, shall always take place at the expense and risk of the customer.
Work performed by DiverZe BV for the replacement or disassembly of equipment under warranty shall always be charged to the customer.
Art. 3 ORDERS
If an assignment or order cannot be carried out for reasons of force majeure, the client shall not be entitled to compensation for damages in any form whatsoever.
INTELLECTUAL PROPERTY RIGHTS
All intellectual and creative property rights to all software, designs, documentation, reports, quotations, plans, sketches, 3D renderings, design work, etc… as well as preparatory materials thereof, shall remain the property of DiverZe BV at all times.
This condition commences at the quotation stage.
If the client decides, on the basis of detailed quotations or designs made by DiverZe BV, to have the projects carried out by another partner – whether for hire or sale – a quotation fee or design fee will be charged in function of the already performed work, according to market rates. This with a fixed minimum of € 500 plus possible legal costs.
Art. 1 Confidential information
“Confidential information” means all information – whatever its form – originating from one of the two parties and not publicly known.
It is agreed that “confidential information” does not mean information obtained by any of the following means:
- Information that – at the time of disclosure – is part of the public domain.
- Information which – after disclosure – enters the public domain, except in case of breach of contract.
- Information that can be shown to have been known to the interested party.
- Information communicated to the interested party by third parties, to whom this is permitted and who have not imposed obligations of confidentiality on the interested party.
Art. 2 Reason for disclosure
The parties agree, both during and after the term of this agreement, not to disclose, use, reproduce or permit the use of confidential information disclosed to them for any purpose other than that for which it was disclosed. Even in these latter circumstances, the prior written consent of the other party will be required, with guarantees that confidentiality and secrecy will be maintained vis-à-vis third parties.
Parties agree to:
- To allow access to the information only to those for whom the disclosure and access to the information is absolutely necessary to carry out the obligations towards each other
- Ensure that these employees have acknowledged the confidential and secret nature of the information before the information is disclosed to them.
The parties accept full liability for this confidentiality and will indemnify each other against any improper disclosure or use of the “confidential information” by their employees in application of this agreement.
Art. 3 Confirmation of ownership
The parties acknowledge and accept that the information disclosed is proprietary and could be eligible for intellectual protection rights.
The parties hereby expressly waive the possibility of invoking any right in this regard and of using the information to apply for an intellectual protection right.
The parties hereby acknowledge that they are entitled to claim compensation – without prejudice to any other claim – for any damages under application of Article 1382 of the Belgian Civil Code.