Terms and conditions
Article 1 | SCOPE
These general conditions apply to all contractual relationships concluded by ‘Itium SRL’ with clients. The client is any natural or legal person contracting with ‘Itium SRL’. The following conditions exclude all others. The conditions of third parties which deviate from these conditions are without force.
Article 2 | OFFER, ORDER, RESERVATION
Offers can be delivered to the customer in person or via: fax, e-mail and postal mail. The offers provided by 'Itium SRL' are without obligation and without commitment, (except for exceptions) they are valid for 15 calendar days from the date of printing and are established subject to availability of equipment or personnel necessary for their achievements. The customer's order will be executed by 'Itium SRL' after the customer has returned the offer established by 'Itium SRL' dated and signed for agreement and the checks on availability of materials and personnel have been carried out by 'Itium SRL' . The signature constitutes the client's acceptance of the contract and the general conditions of 'Itium SRL'. If necessary, a proforma may be established in addition to or instead of the offer. When signing the offer or proforma, the customer undertakes to pay the deposit (see Art.3) as soon as possible. Orders and reservations can be made by the customer via: telephone, fax, e-mail, website, postal mail or visit to our premises. For certain orders for new or used equipment, a purchase order may be established and for all rental equipment reservations, a purchase order will be established. If the formalities requested in this article are not or partially fulfilled by the customer, 'Itium SRL' reserves the right to consider the offer as void.
Article 3 | DEPOSIT
All our offers are accompanied by a deposit to be paid, payment of this deposit must be made as soon as possible. Unless otherwise indicated by us, for all reservations, the deposit amounts to 50% of the total amount including VAT except for rental reservations including December 31 where the deposit then amounts to 100% of the total amount including VAT.
Article 4 | BAIL
Any departure of rental equipment may be subject to a request for a deposit, the amount of which is established on a case-by-case basis. This deposit is deposited at the latest at the start of the rental and will be returned to the tenant after inspection of the equipment by our care and if no irregularity is noted.
Article 5 | ORDER CONFIRMATION
The order confirmation is established by 'Itium SRL' and is delivered to the customer, in person or via: fax, e-mail and postal mail, only if article 2 and article 3 have been respected. This document constitutes proof that the offer has been mutually accepted and that all administrative and financial formalities have been completed.
Article 6 | SALE - Reservation of title clause - Guarantee
If the equipment is delivered before full payment of the price then the risks are transferred to the buyer at the time of delivery (including the transport of the equipment) and the equipment sold remains the exclusive property of 'Itium SRL' until 'a full payment of the price in principal, accessories, interest and costs. The sale of used equipment takes place without any guarantee.
Article 7 | SALE - Payment of the price - Approval
Unless there are special conditions, the price of the equipment sold will be paid in full by the buyer upon delivery. Any merchandise not disapproved within eight days of its delivery is deemed approved by the buyer. In the event of damage, the equipment will be returned at the buyer's expense in its original packaging.
Article 8 | PAYMENT OF THE PRICE
Complaints or disputes concerning the invoice amount must be stipulated in writing and will no longer be admissible from the eighth calendar day following the invoice date. Any failure to pay gives the right to 'Itium SRL' to suspend any subsequent delivery and/or to demand the return of any material made available to the customer. The material made available remains the exclusive property of ‘Itium SRL’. In the event of non-payment of the price on the contractually agreed due date, the amount due is increased automatically and without prior notice, late payment interest at the rate of 13% as well as possible reminder costs.
Article 9 | RENTAL - Exit and return of equipment
The delivery note which must be issued each time the equipment is released indicates the date of collection as well as the return date mentioned in the offer. The material removed is deemed to be in good condition. The customer is required to return the rented equipment on the date appearing on the delivery note. Any delay in the return of delivered equipment must be specified in writing. The customer undertakes to return the equipment complete, in a clean, defect-free and tidy condition. ‘Itium SRL’ reserves the right to carry out a detailed examination of the returned material after its receipt. Receipt without notice does not constitute approval of the completeness and condition of the returned merchandise. The customer is obliged to check upon delivery that the goods are complete and free from defects and, when a defect appears, to report it to ‘Itium SRL’ immediately. Only the physical return of the equipment to our premises constitutes an effective return. On the basis of this effective return, any additional charges at the rate of 'Itium SRL' will be calculated, per 24-hour period without taking into account decreasing factors of duration. The provision of a return slip cannot under any circumstances constitute acceptance of the return of goods except in terms of quantities. ‘Itium SRL’ reserves the right to have a period of 8 working days to test the equipment. Any damage, alteration, dirt or modification caused to the equipment and/or its accessories will be subject to invoicing in addition to that corresponding to the offer and the amount of which will be that necessary, at the market cost in force at the time. return of equipment, to return the equipment to its initial state. Any delay of more than 5 working days in the return of materials will be subject to invoicing for the missing items at the replacement cost in effect on the day of the scheduled return of the goods. In no case does the invoicing of equipment cancel the obligation to pay the rental invoice. Any rental extension must be stipulated in writing (fax or mail) at least 24 hours before the initial expiration of the rental period and be subject to written confirmation from ‘Itium SRL’.
Article 10 | RENTAL - Mode of transport
Depending on the type of vehicles and/or trailers required for transport, only part of the equipment can be transported:
1. open vehicle: structure transport (Prolyte) only. 2. covered vehicle: transport of structure, large lifting feet, PAR56-64, etc...3. closed vehicle: everything is accepted.
Article 11 | RENTAL – Responsibilities
The customer assumes full responsibility for the equipment from the moment it is collected from the company “Itium SRL” until it is fully returned. The customer declares to have mastered the techniques necessary for operating the equipment made available to him. He declares that he uses it as a good father and for the purpose for which it was designed. The client must allow access to the venue of the event to agents of “Itium SRL” in order to ensure this. ‘Itium SRL’ reserves the right to terminate the rental contract due to force majeure in the event that the customer risks damaging the rented equipment. ‘Itium SRL’ provides equipment that complies with current standards and is checked before each rental. By accepting this equipment, the customer waives any recourse in the event of a breakdown. In the event of a breakdown, only 'Itium SRL' is authorized to carry out repairs. The replacement of a defective part cannot give rise to termination, nor serve as a pretext for an action for damages or reduction of rent. The customer is required to cover the rented equipment in “all risks” unless otherwise stipulated in writing by the rental company. This policy will cover, at its new replacement value, the equipment against the risks of theft, vandalism, bad weather, riots, destruction for any cause whatsoever, including the case of force majeure. The lease will not be suspended and will retain all its effects pending repair or replacement of damaged or stolen equipment. In the event of loss or theft, the company(ies) will pay the compensation provided directly to 'Itium SRL'. The customer will bear all the harmful consequences of the use of the rented equipment towards all people or generally any people, nothing being excepted. It expressly waives any recourse against ‘Itium SRL’ on this account regardless of the person making the claim.
Article 12 | DISCLAIMER
The customer undertakes to immediately notify ‘Itium SRL’ by registered letter in the event that all or part of the rented equipment:
1. would be seized by a third party. The customer also undertakes to notify the seizing party that the equipment affected by the seizure belongs to ‘Itium SRL’. 2. would be involved in an accident causing bodily harm or property damage or in a civil and/or criminal action. 3. would be requisitioned, borrowed, stolen or suffered damage for any cause.
The obligation to defend in court as well as all resulting costs will be borne by the customer. However, the latter must provide 'Itium SRL' with all the documents and/or details that the latter considers necessary. Failing to be the owner of the building where the rental devices are installed, the customer undertakes to communicate to 'Itium SRL', upon request, the name of the owner, the pledgee, mortgagee or privileged creditor so that any notification of use can be made.
Article 13 | SERVICES
In the absence of prior written agreement from 'Itium SRL', the client or its representatives cannot entrust the personnel employed by 'Itium SRL' with a task other than that for which they were made available. The customer cannot therefore request any other handling and/or use of machines, tools, vehicles or goods. As project manager, the client will be responsible for security on site and will ensure that the staff of ‘Itium SRL’ are informed of the security instructions in advance. In the absence of a clause to the contrary, the price agreed for the invoicing of services is intended for work without interruption. If for reasons not attributable to ‘Itium SRL’, the work exceeds the time provided for in the order form or the offer, the amount due will be adapted accordingly. In the event of the provision of personnel, the civil liability provided for by article 1384 part 3 of the Civil Code will be entirely the responsibility of the customer. The customer will be solely responsible for damage or damages caused to third parties.
Article 14 | CANCELLATION – Forfeit
The customer has the right to terminate a sales contract up to 2 working days before the delivery date against payment of a cancellation fee equivalent to the value of the requested deposit; this right ceases when it concerns the supply of products made or personalized according to the customer's specifications or which, due to their nature, are likely to deteriorate or expire quickly. The customer has the right to terminate a rental contract up to 2 working days before the start of the rental and/or service against payment of a cancellation fee. Termination for its validity requires written form. The forfeiture is due at the time of cancellation of the contract price when the termination takes place at the latest 10 working days before the start of the rental and/or service, and amounts to the amount of the deposit requested with a minimum of 25% of the overall invoice. For the period between 10 and 2 days before the scheduled date, the refund amounts to the amount of the deposit requested with a minimum of 50%. After this period, any cancellation will result in full payment of the overall invoice by the customer. The cancellation date is the date of receipt by ‘Itium SRL’ of the termination letter.
Article 15 | PENALTY CLAUSE
A penalty clause is due for any delay in the execution of the client's obligations without prior notice. It is 10% of the amount due with a minimum of 90 EUR.
Article 16 | GENERAL - Assignment of competence
If one of these provisions proves to be void or becomes void or is not incorporated into the contract, the validity of all other provisions or agreements will not be affected. The parties undertake to agree on a replacement provision which comes as close as possible to the wishes of the parties. In the event of disputes or disputes relating to the execution and/or interpretation of contracts concluded between ‘Itium SRL’ and the client, the courts of Nivelles (Belgium) have sole jurisdiction.