General terms and conditions
The conditions indicated below, which take precedence over the conditions of our co-contractors, are applicable to all sales, rentals of goods and contracting of works of/going out from the BV GAMING CHAIRS & EVENTS, hereinafter referred to as ‘GCE’.
All payments shall be made at the registered office of GCE in Lessines or to a bank account in the name of GCE.
Any protest against the invoice must be made in writing within 5 calendar days of the invoice date. The customer is requested to always state the number and date of the invoice.
Invoices are payable in cash, subject to set due dates. In the event of non-payment of the invoice on the due date, interest on arrears shall be payable ipso jure and without prior notice of default at the rate of 8% per annum on the invoice amount. In the event of non-payment, whether of part or all of an invoice on the due date as a result of negligence or malice and after notice of default has been served, the amount thereof shall be automatically increased by 8% (with a minimum of EUR 125 and a maximum of EUR 2,500), as fixed compensation for extrajudicial costs, without this provision becoming an impediment to the possible application of Article 1244 of the Civil Code.
In case of non-payment on the due date, GCE reserves the right to suspend further deliveries. GCE also reserves the right to consider all contracts as dissolved by law, without judicial intervention and without prior notice of default, for the whole or the uncompleted part.
Failure to pay one invoice on the due date shall ipso facto result in all invoices not yet due becoming payable.
All sums due are portable. In case of dispute, only the Courts and Justice of the Peace of the district of the registered office of GCE are competent.
All contracts are subject to Belgian law.
The prices of GCE are strictly net and apply to goods taken from our warehouses; Unless otherwise stipulated, the prices do not include V.A.T. and other fiscal charges which are always at the expense of the customer.
Any increase in the prices of the goods between the order date and the delivery date, prompted by rising material prices and wages, shall be borne by the buyer.
GCE reserves the right to cancel all or part of orders placed by the customer in the event that the goods ordered by the customer are not available from our manufacturer or suppliers, without the customer being entitled to any compensation whatsoever.
In case of cancellation of the order by the client, GCE reserves the right, in accordance with common law, to demand the execution of the agreement or to consider the agreement cancelled by right and without judicial intervention, in which case the client shall owe us, by right and without any prior notice within 8 calendar days of the notification of cancellation, a lump-sum indemnity equal to 25% of the value of the order.
Delivery dates are given by way of information only and are not binding on GCE. Delays in delivery shall not entitle the buyer to compensation or to dissolve the contract. If GCE is unable to perform the contract due to force majeure, GCE reserves the right to terminate the contract without the right to claim any damages. Without trying to be exhaustive, force majeure is considered to be: exhaustion of stock, delays in or absence of deliveries by a party’s suppliers, strike, lock-out, war, epidemic, high absenteeism due to illness, computer, internet or telecommunication failures, government decisions or interventions (including refusal or cancellation of a permit or licence), …
Our warranty obligation regarding defects in the delivered goods does not extend beyond that of our suppliers.
The customer undertakes to receive the sold goods immediately upon delivery and to examine whether the quality and/or quantity of the delivered goods corresponds to what was agreed. Any visible defects and non-conformity concerning the delivered goods must be reported in writing to GCE immediately and at the latest 48 hours after delivery. Such complaints shall only be valid and investigated on the condition that the goods sold have not yet been put into use by the customer. Such complaints do not suspend the customer’s payment obligation. If applicable, the merchandise in question must be returned to us within 5 days of the complaint. However, no returns, which can only be made by a transport company designated by us, will be accepted without our prior written consent. In the absence of any written response within the 48 hours described above, the customer shall be deemed to have accepted the delivery.
Storage of the goods pending delivery or collection is at the customer’s risk.
If the customer refuses to take delivery of the goods ordered, GCE reserves the right either to demand performance of the contract in accordance with common law, or, after prior notice of default, to consider the contract to be dissolved by operation of law, in which case the customer shall be liable to pay us, ipso jure and without any prior notice of default within 8 calendar days of notification of dissolution, a lump-sum compensation amounting to 25% of the sale price.
The replacement of a part of our delivery cannot give rise to a breach of the contract concluded nor serve as a pretext for compensation, while it does not authorise the customer to refuse payment of any balance due on his account.
GCE shall in no case be liable if damage is caused not only due to a defect in the product, but also due to a fault or negligence on the part of the client or a person for whom the client is responsible.
Unless otherwise agreed, GCE shall retain ownership of all goods sold by GCE until they are paid for in full, including interest and costs.,. Until such time as ownership of the goods sold is effectively transferred to the customer, 1) the customer is expressly prohibited from using the delivered goods as a means of payment, from pledging them or from encumbering them with any other security right; 2) the customer shall affix to the delivered goods a sign that the delivered goods remain the property of GCE. To the extent necessary, this clause shall be deemed repeated for each delivery. The customer undertakes to notify GCE immediately by registered letter of any seizure allegedly made on the sold goods by a third party. The customer has a duty of care towards the goods subject to retention of title and shall store and keep them in perfect condition in a place suitable and clean for that purpose, in accordance with the highest standards and safety requirements prevailing in the sector. The customer must also insure these goods against all risks customary in the sector (including but not limited to decay or any other form of deterioration, fire, water damage and theft).
Our prices are calculated on the basis of the wage scales and raw materials in force. If one of these elements changes in the course of the manufacture, installation or realisation of the product/contract, the increase will be charged to the customer to the extent of the unfinished part of the order.
A change requested after acceptance of the order, either during its design or execution, shall give rise to a price increase calculated according to the requested change.
Displacement and labour expenses not included in our price offer shall be borne by the customer.
The price of the placement we accept to carry out includes only the work realised by our labour force.
Loading and unloading, lifting and any other work of a major nature, are not at our charge.
Any scaffolding and lifting equipment that may be required will be placed at our disposal at the customer’s expense.
If our offer is not accepted by the customer within the 5 calendar days it was formulated, it no longer commits us. All our offers are very strictly limited to the elements specified therein. The number of units, the specified weights and surfaces are included in our quotations without any guarantee; it is up to the customer to check whether they correspond to reality. If on delivery the necessary quantities are higher than initially foreseen, the supplementary quantities delivered will be charged separately.
The customer placing the order is deemed to be authorised to do so.
An order will not be considered as long as the double of the offer, duly signed for agreement, has not been remitted. If a deposit was requested with the order, we shall not be bound as long as the deposit has not been paid within eight calendar days. The balance due will be invoiced and claimable on the day the executed order is made available to the customer.
After the order has been accepted as stipulated in the above-mentioned articles, cancellation, for whatever reason, obliges the customer to pay damages ‘de jure’ and without prior immorastation, amounting to 25% of the amount of the invoice.
The compensation is fixed, conventional and unavoidable.
If GCE is unable to fulfil the contract due to force majeure, we reserve the right to terminate the contract without any compensation being due. Without trying to be exhaustive, the following shall be considered as cases of force majeure: exhaustion of stocks, delays in or absence of deliveries by suppliers of a party, strike, lock-out, war, epidemic, high absenteeism due to illness, computer, Internet or telecommunication failures, decisions or interventions by the authorities (including refusal or cancellation of a permit or licence), …
Our warranty obligation with regard to defects in the goods and services supplied does not extend beyond that of our suppliers.
Complaints must be brought to our attention by registered letter within 5 days of the delivery date.
The customer acknowledges having received all goods in good and tidy condition and undertakes to use the goods with due diligence at all times and to return the rented goods in the same condition.
The customer has the obligation to insure against theft, fire and damage to third parties.
Moreover, the customer may not change the aspect or structure of the delivered stand, even partially, without our prior and written agreement. The customer will have to clean the rented equipment sufficiently before returning it to GCE. However, if GCE establishes that this has not/insufficiently been done, the customer will be liable to pay damages of at least 15% of the invoice amount, without prejudice to GCE’s right to claim the damage actually suffered if it exceeds 15% of the invoice amount.
In case of disappearance, destruction or lack of restitution on the agreed date of the rented equipment, all resulting damages and expenses shall be charged to the customer. Similarly, broken goods will be charged to the customer. GCE is entitled to claim a flat-rate compensation in the aforementioned cases in the amount of 15% of the invoice amount, without prejudice to GCE’s right to claim the actual damage suffered if it exceeds 15% of the invoice amount.
We have a period of 8 days after the return, not including Saturdays, Sundays and public holidays, to inform the lessee of our findings concerning damage, loss of value, insufficient cleaning, etc., by registered letter. If the tenant does not respond within 3 days, this will be considered as an acceptance of the findings. In case of protest, on the other hand, he must come to our warehouses within 3 days to establish the findings.
Our goods and other material are transported exclusively at the customer’s risk.
The liability of GCE shall in all cases be limited to the remuneration awarded for the order and GCE shall only be liable for direct damage from a defect in the delivered good.
With regard to customers who are not consumers, GCE shall not be liable in the event of serious errors committed by its employees, collaborators and/or representatives in the performance of their professional activities.
We are expressly released from any liability due to direct or indirect physical or material damage caused during the delivery and use of the products delivered or rented by us.
Damage or accidents on site, caused by our worker or for which we could be liable, must be compulsorily communicated to us by registered letter and within 12 hours in the case of personal damage; by registered letter within 24 hours, material damage.
Notwithstanding the sale, the model remains our property, as all rights are reserved in exclusivity.
Designs, proofs, models and drawings remain our exclusive property.
Copying, imitating, reproducing, modifying or submitting them to third parties without our prior written and signed consent is prohibited, under penalty of damages. They must be returned to us ‘ad nutum’.
If the customer entrusts us with models, graphical designs or drawings, he shall be responsible for exercising his industrial or artistic property rights.
The handing over of a ‘good to print’ or an order to print signed or dated by the customer releases us from any liability for any error or omission that may be noted after its execution.
The ‘good to print’ remains our property and serves as proof in case of dispute.
GAMING CHAIRS & EVENTS BV
Chemin de Mons à Gand 125
7860 Lessines
Belgium
Phone : +32 (0)488 775 750
VAT no : BE1015.826.857
Bank: Crelan BE65 1030 9445 1796
