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.