GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES, SALE AND RENTAL
Article 1. General provisions
1.1. The contractual relationship between Take One SRL, whose registered office is at Rue des Combattants 137, 1301 Bierges, Belgium, registered with the Crossroads Bank for Enterprises under number 1 002 001 189 (hereinafter “Take One”), and its clients shall be exclusively governed by these General Terms and Conditions, unless expressly agreed otherwise in writing by both parties.
1.2. These terms and conditions shall prevail over all general or special conditions of the client, unless expressly agreed in writing. The fact that the client has not received these terms and conditions in his or her mother tongue shall in no way exempt him or her from their application.
1.3. These General Terms and Conditions apply to all services, sales and rentals provided by Take One, mainly in the field of event technical services (sound, lighting, video projection, power distribution, stages, etc.), but may exceptionally include related services.
1.4. Placing an order implies full and unconditional acceptance of these General Terms and Conditions.
Article 2. Offers, quotations, orders and execution
2.1. Offers and quotations issued by Take One are valid for seven (7) calendar days, unless otherwise stated. They are exclusive of VAT and subject to correction of clerical errors, omissions or changes in the information provided by the client.
2.2. An order is only binding after written confirmation by Take One, specifying the price, conditions and the date of the services or delivery. The signed return of the quotation by the client constitutes acceptance of the order.
2.3. In case the performance is postponed by more than three months, the offer may be revised if the cost of supplies and/or labour has increased by more than 15%. In case of postponement to a date considered exceptional (New Year’s Eve, public holidays, start of school holidays, etc.), Take One may adjust its prices, subject to the client’s approval. A postponement is deemed a cancellation and subject to Article 2.5.
2.4. Unless otherwise agreed in writing, the order shall only be executed after payment of a deposit of fifty percent (50%) of the total amount including VAT. The balance is due within seven (7) calendar days after the service has been performed. Take One reserves the right to request full payment at the time of ordering, without justification.
2.5. In case of cancellation by the client, the following cancellation fees shall apply:
- more than 10 days before the start of the service: 30% of the total amount including VAT,
- within 10 days before the start of the service: 50%,
- on the day of the service or later: 100%.
2.6. Any modification or additional service shall be subject to a written amendment. Otherwise, such changes shall be deemed executed upon verbal instruction from the client, who waives any right of recourse, including with respect to invoicing.
2.7. The client shall be solely responsible for obtaining all administrative authorisations, permits or declarations required for the performance of the services. The client shall bear all consequences in case of non-compliance.
2.8. All equipment provided by Take One remains its exclusive property, even when rented. During the rental or use period, the equipment is under the responsibility of the client, who shall be liable for any loss, theft, damage or destruction, except where directly caused by Take One’s technical team. Any repair or replacement shall be invoiced at the current catalogue price.
2.9. Take One undertakes to perform its services according to professional standards and with due diligence. Take One is bound only by a best-efforts obligation, not a result obligation.
Article 3. Prices and payment terms
3.1. Prices are expressed in euros and exclusive of VAT.
3.2. Payments shall be made in accordance with Article 2.4: 50% deposit upon order, balance within 7 days after performance, unless otherwise agreed in writing.
3.3. Any overdue amount shall automatically and without prior notice accrue interest at 12% per annum, plus a fixed compensation of 15% of the outstanding amount, with a minimum of EUR 50, to cover administrative and collection costs.
3.4. Any dispute regarding an invoice must be notified by registered letter within 7 calendar days from the invoice date. After this period, the invoice shall be deemed accepted.
3.5. Non-payment of an invoice by its due date entitles Take One to suspend or terminate all current orders without prior notice and without any compensation to the client.
Article 4. Liability and insurance
4.1. Take One shall not be held liable for delays, interruptions or impossibility of performance resulting from causes beyond its reasonable control, including power failures, adverse weather, strikes, administrative decisions, or force majeure.
4.2. In no case shall Take One be liable for indirect damages, such as loss of turnover, profits, goodwill or opportunities.
4.3. Take One’s liability for direct damages is, except in cases of gross negligence or wilful misconduct, limited to the invoiced amount of the relevant service.
Article 5. Jurisdiction and applicable law
5.1. These General Terms and Conditions are governed by Belgian law.
5.2. In case of dispute, only the courts of the judicial district of Nivelles (Belgium) shall have jurisdiction.