Terms & Conditions Massive Pro AV
Article 1. Applicability, definitions
1.1 These terms apply to all offers and to all contracts of purchase and sale, all contracts of hire and/or letting, as well as all contracts for the performance of (installation) work by B.R. Ecury trading as Massive Productions, established in Rotterdam, hereinafter referred to as “the user”.
1.2 The buyer and/or hirer and/or client shall hereinafter be referred to as “the other party”. Where a provision below relates specifically to the situation in which the other party is a natural person not acting in the exercise of a profession or business, that party shall be referred to as “the consumer”.
1.3 Provisions that deviate from these terms only form part of the contract concluded between the parties if and insofar as the parties have expressly agreed this in writing.
1.4 In these terms and conditions, “in writing” is also understood to mean: by email, by fax or any other means of communication that, in view of the state of the art and the views generally accepted in society, may be treated as equivalent to this.
1.5 In these terms and conditions, “goods” is understood to mean: all lighting, sound and video equipment, as well as all related products and materials, in the broadest sense of the word, that the user sells or hires out.
Article 2. Contracts
2.1 Verbal agreements only bind the user once they have been confirmed in writing by the user, or as soon as the user has begun the performance activities with the consent of the other party.
Article 3. Offers and quotes
3.1 All offers, quotes, price and/or rate lists, etc. from the user are without obligation, unless they contain a period for acceptance.
3.2 The prices and/or rates applied by the user are exclusive of VAT and any costs, unless expressly stated otherwise in writing.
Article 4. Engaging third parties
If and insofar as the proper performance of the contract so requires, the user has the right to have certain deliveries carried out by third parties.
Article 5. Obligations of the other party
5.1 The other party must ensure that all data required for the performance of the contract is made available to the user in good time, and that the user is given access to the location during the working hours announced in advance.
Article 6. Delivery, (completion) delivery periods
6.1 Stated periods within which the goods must be delivered and/or the work must be performed can never be regarded as strict deadlines, unless the parties have expressly agreed otherwise in writing.
Article 11. Complaints
11.1 The other party is obliged to inspect the goods immediately upon receipt. Any visible damage, faults or defects must be reported to the user no later than within 24 hours of receipt.
11.2 Other complaints must be reported to the user by registered letter immediately after discovery, and in any event within 1 year of (completion of) delivery.
Article 12. Liability and warranty
12.1 The user performs its task as may be expected of a company in its sector, but accepts no liability whatsoever for consequential loss, business loss, loss of profit and/or losses due to stoppages, unless mandatory statutory provisions preclude this.
12.3 The user’s liability is limited to the invoice amount of the goods delivered and/or the work performed.
Article 13. Provisions concerning the hire and letting of goods
13.1 This article applies to every contract of hire and letting concluded between the user and the other party.
13.6 The other party is obliged to keep the hired goods in good condition during the hire period and is responsible for any damage arising during the hire period.
13.18 The hired goods remain the property of the user at all times. The other party is not permitted to sub-hire the hired goods or to make them available for use by third parties.
Article 14. Payment
14.1 Payment must be made within 30 days of the invoice date, unless the parties have expressly agreed otherwise in writing. For large productions and/or technical installations, 100% payment in advance applies unless the parties have expressly agreed otherwise in writing.
Article 19. Force majeure
19.1 In the event of force majeure, the user is entitled to dissolve the contract or to suspend the fulfilment of its obligations for a reasonable period without being liable to pay any compensation.
Article 20. Dissolution, cancellation, termination
20.4 In the event that the other party terminates and/or cancels the contract, they owe the user compensation. The user is entitled to charge the other party 75% to 100% of the agreed price.
Article 21. Applicable law / competent court
21.1 The contract concluded between the user and the other party is governed exclusively by Dutch law.
21.3 Any disputes shall be settled by the competent Dutch court, save that the user is entitled to bring a case before the competent court in the place where the user is established.
Massive Pro AV, Industrieweg 71, 3044 AS Rotterdam, 010-30 75 476, info@massivepro.nl