General Conditions
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Article 1 – General Clause This Agreement is governed first by the
particular conditions and then by these present general conditions. In the
event of discrepancy between these present general conditions and those of the
Client even when the latter are presented subsequently, the Client accepts that
these present general conditions shall prevail. Derogations to these general
conditions shall only be valid when expressly accepted in writing by
Event’ives. Any failure to execute any individual clause is a matter of
tolerance and does not imply in any manner whatsoever a waiver to the
subsequent application of such clause. The
present general conditions are also available on the company website, www.eventives.com.
Article 2 – Formation of Contract Only written offers made by Event’ives shall be valid. They shall
remain valid for a period of no more than 30 calendar
days. Offers shall only bind Event’ives after unconditional acceptance in
writing by the client within this period.
Article 3 – Resolution -
Termination In the event of resolution or termination of
the Agreement by the Client more than 60 days, between 30 and 60 days, or less
than 30 days before the date of performance, indemnity shall be payable,
without prejudice to any damages and interest, at the rate of 30%, 50%, or
100%, respectively, of the invoiced amount.
Article 4 – Price The rates given may be revised at any time.
Event’ives reserves the right to modify the price of their products and
services if there should occur, after the formalisation of the Agreement, any
modifications in the prices of fuel, raw materials, wages and salaries, or any
other component of the sale price of the products and services. Such new rates
shall be applicable from the date of acceptance. Silence on the part of the
Client for a period of fifteen days as from the date of notification of the new
rates shall be deemed to indicate acceptance of the same. Prices invoiced by
Event’ives shall be net of tax.
Article 5 – Invoices and
Payment Terms The Client shall be liable for the payment of
50% of the invoiced amount at the moment the Offer from Event’ives is accepted,
30% one month before execution of the Agreement, and the balance remaining
during the month of the performance of the Agreement. All sums not settled on
their due date shall be legitimately increased without further notice by
overdue interest at 10%, together with a flat-rate indemnity for the delay of
10%, and shall render due and payable all other outstanding sums of whatsoever
due date, and shall authorise Event’ives to invoke the termination of all or
part of the Agreements formalised with the Client. Acceptance of a bill of
exchange shall not be deemed to constitute renewal of the debt.
Article 6 – Transport Despatch or transport, together with loading
and unloading, shall be to the account of the Client and to their sole expense.
If, on an exceptional basis, Event’ives should take charge of such operations,
Event’ives shall do so to the account of the Client and shall assume no
liability of whatsoever nature for any incident arising during the same which
may cause damage to the goods or persons of the Client, their operatives, or
their subcontractors. In the event of delay, partial or total loss, or other
damage arising from shipping, transport, or loading and unloading, the Client
should take action against the carrier, and may under no circumstances, for any
reason whatsoever, refuse, reduce, or delay payment of the price due to
Event’ives.
Article 7 – Delivery Terms
and Modality Only the delivery terms appearing in written
offers are binding. Delay in delivery may under no circumstances give rise to
the payment of any indemnity nor to the termination of the contract where it is
due to, or caused by, a modification to the order made by the Client, late
submission of information and/or documents, failure to meet payment due dates,
or cases of force majeure. In particular, the following shall be considered to
be cases of force majeure: acts of vandalism and any cause creating any
obstacle in an accidental manner to the supply of the products or the provision
of the services by the sub-contractors for Event’ives.
Article 8 – Liability The Client undertakes to observe scrupulously
the instructions for the use and safety of the products supplied and the
services rendered. Failure to observe said instructions shall exonerate
Event’ives of all liability; liability is strictly limited to the reimbursement
of the price paid by the Client to Event’ives to the exclusion of all other
damages and interest.
Article 9 – Title –
Intellectual Property In the event of the sale of the
products, supplies, creations, or performance, Event’ives shall remain the
holder of the title until the entire price has been paid. Event’ives shall
remain the sole holder of title to the intellectual property rights in respect
of the products or services supplied.
Article 10 – Claims All claims relating to (1) the products
supplied or the services rendered, or (2) the invoices, shall not be
entertained unless presented in writing with supporting documentation within
fifteen days (1) of the performance of the Agreement, or (2) of the reception
of the same.
Article 11 – Joint and
Several Liability In the case of several Clients they shall be held jointly and
severally liable before Event’ives.
Article 12 – Jurisdiction
and Applicable Law In the event of any disputes
relating to the interpretation or execution of any Agreement formalised with
Event’ives the Courts of the district of Brussels shall have exclusive
Jurisdiction. This Agreement is subject to the law of Belgium.