General conditions

 

1. COMMON GENERAL CONDITIONS

1.1. OPPOSABILITE
1.1.1 Our Contractual General Conditions govern and are a part integral of all our contractual relations. The cocontracting party expressly recognizes to have acquainted with it and to accept them.
1.1.2 The cocontracting party recognizes expressly the superiority of our Contractual General Conditions on any opposite clause contained in its own general conditions.
1.1.3 Any infringement on our Contractual General Conditions can take place only with preliminary written agreement of our part by means of particular conditions.
1.1.4 The nullity, the infringement or inopposabilité by one or several clauses of our Contractual General Conditions, notably by the effect of imperative legal capacities or in application of the article 1.1.3. Do not carry damage with care of the other clauses which stay of application. The parts undertake to replace one or several litigious clauses by one or several others filling or even functions.

1.2. OFFRE ET ACCEPTATION
1.2.1 We offers of sale or rent engage us only during a period 15 days as from their broadcast. Beyond this period, we reserve the right to modify the conditions of our offer. In case of increase of one or some of the factors composing the cost price in the course of offer or of contract, this increase will be echoed on the final invoice in the respect for the legal conditions in the material.
1.2.2 The acceptance of the offer binds both the company or the association and he represents that the signer himself in a private capacity, being both also responsible cocontracting parties in a united and inseparable way of all the contractual obligations to C.A.S..
1.2.3 Any demonstration of the acceptance of the cocontracting party on base of an elaborate silence or appearances can engage this one. We however reserve the right to refuse quite other acceptance that that established by the reception at our address of the offer dated and signed for agreement by an authorized agent.
1.2.4 All our catalogs, brochures, price-lists and different information supplied to the customer, do not establish offers and are made without any commitment of our part.

1.3. PAYMENT
1.3.1 All the prices indicated in our offers are prices except VAT. They understand no tax or freshly generally some, notably import duties, expenses of packaging, load and dumping, transport or insurances, that those who are indicated expressly in writing.
1.3.2 The prices are mentioned and payable in euro, any modification of course being echoed to the customer.
1.3.3 A 50 % deposit is due in ten days of the acceptance of the offer. We reserve the right to cancel any contract, by rights and without formal demand, in case of nonpayment of the deposit, without prejudice possible damages were undergone by C.A.S..
1.3.4 Tout paiement est exigible et payable par transfert bancaire dans les 30 jours de la date d’émission de la facture.
1.3.5 In case of delay in payment, C.A.S. reserves the right to suspend all its without notice obligations and without that the cocontracting party can aspire to a some damage. Late-payment interest at the legal rate increased by 2 % is applicable by rights and without preliminary formal demand since the date of payability. Besides, the amount of the invoice will be increased by 15 % with a 74,37-euro minimum in conformance with penalty clause.
1.3.6 The supplementary commands of the cocontracting party are charged according to the general price lists of C.A.S current in the aforementioned date or to the agreed price by the parts in the conditions clarified in the present article.
1.3.7 Our agents, representatives or employees have no quality to settle invoices. We recognize the validity of a payment only if discharge was given by our representatives duly qualified in this end.

1.4. BREAK OF the CONTRACT
1.4.1 The contract can be resolved or cancelled, if necessary in the wrongs of the cocontracting party, by rights, without formal demand and without prejudice the possible damages, if the cocontracting party stops all or any of its activity in particular by bankruptcy, bankruptcy, concordat, liquidation, transfer or death; if his legal entity is modified, in particular by fusion, split; if the execution of its obligations by the cocontracting party.
1.4.2 The resolution or the termination will take place also by rights in the wrongs of the cocontracting party if he persists in not executing his obligations at the conclusion of a period of 8 days after formal demand.

1.5. RESPONSABILITES
1.5.1 C.A.S. is exempted from any responsibility in case of obligation unexecuted, in whole or in part, or delayed further to a case of absolute necessity, a coincidence or quite other event independent from its will, provoked by the buyer or by the thirds, in this understood the interpreters. Are considered in particular as case of strength majority, the industrial disputes, the delays in delivery of the supplier, the wars, the fires, the natural disasters. C.A.S. is presumed to be in one of these cases of exemption with load for the cocontracting party to bring back the proof of the opposite.
1.5.2 Except imperative arrangement, C.A.S. is held no compensation and no damage, whatever is its nature, direct or indirect, predictable or unpredictable, in it including the damage of exploitation and the damages to the persons, as well towards the cocontracting party as towards the thirds.
1.5.3 Any generally some responsibility is contractually limited to the amount of the invoicing to the customer, with an irremovable 2.000-euro maximum and not ré assessable in the time.

1.6.  TRANSFER AND REPLACEMENT
1.6.1 C.A.S. can substitute himself quite other legal person whom she considers capable of executing the contract in the execution of her obligations. C.A.S. is, right now, authorized to give up the claims resulting from the present contract in a third.

1.7.COMPLAINTS, APPLICABLE RIGHT AND JURISDICTION
1.7.1 Any generally some complaint has to reach us by registered letter with recorded delivery in 8 days of the observation of the fact which generates her, clarifying the nature and the motivation of the protests, quite hardly of debarment.
1.7.2 All our contracts are subjected to the Belgian law.
1.7.3 Any dispute about our contracts will be the skill of the courts of Brussels. We however reserve the right to assign the cocontracting party on base of another criterion of fastening foreseen by the Belgian Legal code or the International Agreements.

2. GENERAL CONDITIONS OF RENT

2.1. PRELIMINARY OBLIGATION OF EXHAUSTIVE INFORMATION
2.1.1 It is up to the buyer to supply all the data relative to the organization, in particular, the precise hours of the beginning and of the end of the event, in this understood the hours during which the material can have risen or defused, the volume of the wished technical installations, the space time during which these will be in service, the place of use and the arrangemen of tables and seats in the room, etc.
2.1.2 The buyer will assume the only and whole responsibility of the harmful consequences of the transmission of incorrect or incomplete data. It is up to him to prove that he filled his obligation.

2.2. RESPONSIBILITY OF the BUYER
2.2.1 The buyer will have to put the premises in which the event takes place at the arrangement of C.A.S. during a time being enough for the assembly, the dismantling and, if necessary, any modification of the installation. The buyer prepares and implants places according to the agreed configuration, in particular tables and chairs as well as place reserved for cabins and\or other technical materials stipulated in the offer. The buyer will give to C.A.S. the necessary electric current to allow the material rented to work in good conditions. C.A.S. will be responsible, on no account, for possible failures of its installation due to an incapacity of electric current or to the other inconveniences.
2.2.2 During the period of provision which spreads out since the material leaves the warehouse of C.A.S. until the moment when it is restored to it, this one is placed under the whole responsibility of the buyer which assumes all the risks (flight, damages, etc.) even caused by thirds. The interpreters contacted by C.A.S. for the customer are also considered as thirds. The room must be warmed and the material watched permanently same in case of temporary non-use (breaks, interruptions,  The buyer is held the immediate refund, the cost price current, of any damaged or missing material at the end of the period of provision. In particular, the buyer is only responsible for receivers for the simultaneous translation the distribution of which in the participating falls to the buyer who supplies the necessary staff for that purpose In exceptional cases, C.A.S. will make make the distribution by his own staff, for a supplement of freshly mentioned in the contract and under the responsibility of the buyer.
2.2.3 The buyer is anxious to take an insurance which will cover its renting responsibility in case of loss or of flight, of average of the installation, as well as the damages which the material or the employees of C.A.S could cause in the places of the event.
2.2.4 The buyer guarantees that the event is legal and that it arranges all the necessary authorizations (contractual, administrative or legal, etc.) in its realization. In case of partial or total non-realization of the event of this leader, the cocontracting party will inform the public at its expenses that he is only responsible for it and the compensation due to C.A.S. is twice fixed the amount of the total invoicing of the event.

2.3. RESPONSIBILITY OF the LANDLORD
2.3.1 Without prejudice causes of exemption and limitation of the article 1.5, C.A.S. declines any responsibility resulting from latent defects which can affect the rented thing. 

2.4. CANCELLATION
2.4.1 In case of cancellation by the cocontracting party whatever motive it is, this one remains indebted of a compensation of 20, 50 or 100 % of the invoicing as the cancellation intervenes respectively before 15 days, between 15 and 2 days or in two days which precede the period of provision of the rented thing, without that this compensation can be lower than the refund of the totality of the outlays of C.A.S.
(Interpreters, subcontractors, etc.).

3. GENERAL CONDITIONS OF SALE

3.1. DELIVERY
3.1.1 The delivery and the reception are considered for taking place in our stores.
3.1.2 The risks are transferred as soon as the sale is completed, that is as soon as there is agreement on the thing and on the price, independently of any consideration relative to the delivery or the reception. Whatever are their modalities, the storage and the possible transport take place only in the demand, under the responsibility and at the risks of the buyer.
3.1.3 In case of partial execution for absence or incapacity of stock, the halving of the expenses of sending is responsible for the buyer unless hespecifies expressly that the command is inseparable. This specification will have to be made at the latest before the first sending.
3.1.4 The salesman implements everything so that the delivery deadlines are respected.
3.1.5 Without prejudice causes of exemption and limitation of responsibility were enumerated in the point 1.5, the delay in delivery can engage the responsibility of the salesman only one month after the reception of a formal demand sent by the buyer by registered letter with acknowledgement of receipt.

3.2. CONFORMITE
3.2.1 Any defect of correspondence will be covered if the complaint does not satisfy in the conditions of the article 1.7.1. Of the reception in writing recommended. However, if the goods are transported by a third, this one is considered for having mandate to notice the visible vices of the acquired goods, as it is put back to him by him  Salesman. The possible reserves will be the object of a mention by the carrier or the representative of the customer on the delivery order, the invoice or the documents of transport. For lack of such reserves, the defects will be presumed to have been caused by the buyer.
3.2.2 The delivered thing is considered in compliance with needs and with custom that wants to make it the buyer, so as this last one to establish that it does not correspond to the written description of needs and custom that he established before blow. For lack of written description, the thing advised by the salesman is presumed adequate to meet the oral requirements of the buyer.

3.3. GUARANTEED AGAINST THE LATENT DEFECTS
3.3.1 Without prejudice causes of exemption and limitation were foreseen in the article 1.5, the buyer benefits from a guarantee on the material sold in the same conditions as the guarantee given to the salesman by his own supplier. The buyer recognizes to have acquainted with the guarantee of the manufacturer. The latent defect must be denounced in the forms foreseen in the article 1.7.1. However, will be covered in any hypotheses one month later.
3.3.2 All the vices or some imperfections are excluded from the guarantee which are not inherent to the very thing and their consequences. The breakdowns or the damages resulting directly or indirectly of - any transport of the thing from the transfer of the risks, - are excluded in particular any carelessness, error of connecting or of manipulation, custom not in compliance with the technical specifications, the defective or awkward use, - any repair or of interview or comparable operation made by an unapproved person by the salesman, - any addition, use of complements or accessories not corresponding to the technical specifications Or, even corresponding, not having received the agreement writes prerequisite of the supplier or the salesman; - any fire, damage of waters, accident or defect of air conditioning, hostility, thunderstorm, consequences of the thunderstorm or the meteorological accidents, - any deliberate harmful act or fault committed by whatever person it is, including the buyer or his civil servants and any defect even momentary of the physical environment.
3.3.3 It is up to the buyer to establish that he is not in a case of exclusion.
3.3.4 This guarantee limits itself to the free replacement, to the free repair or to the refund, to our choice, of the defective recognized piece. 
3.3.5 Postal charges stay responsible for the buyer even when the defect is covered by the guarantee.
3.3.6 The guarantee is personal to the buyer. As a consequence, every person to whom the buyer would pass on in property or in ownership, the sold material, could not take advantage of the guarantee granted by the salesman. 

3.4. PROPERTY RESERVE
3.4.1 The sale is made under the suspensive condition of the complete and definitive payment of the price by the buyer for the fixed term. The payment time possibly granted to the customer cannot establish one Renunciation of the present clause. Do not establish a payment in the sense of this clause, the discount of a title creating an obligation to pay (draft, promissory note, etc.).
3.4.2 All the delivered things and which are still at the buyer's stay our property up to complete payment of any debt of the buyer in question, whatever leader she is, in it Understood the previous or later claims, the interests and the cool. When successive deliveries take place in current account, the property reserve remains valid until the moment of the fence of the balance of the account of the buyer.
3.4.3 Capacities above do not put obstacle to the transfer to the buyer of the risks of the thing, as well as to the damages which could be caused by this thing.
3.4.4 It is forbidden to the customer to sell or to transform the good as long as the complete payment did not take place.
3.4.5 The goods cannot be pawned or serve as guarantee for the claim of a third.