General Terms and Conditions of Sale, Rental and Service Provision of Axis-One srl
These General Terms and Conditions replace and cancel the previous ones and are applicable from 1 February 2021
ART.1 – SCOPE
The purpose of these General Terms and Conditions is to set out the contractual provisions applicable between Axis-One, whose registered office is located at Houtweg, 24, 1140 Brussels, registered with the Banque Carrefour des Entreprises (BCE) under the number 0860.614.088 (Tel.: +32 2 245 24 24 – Email: email@example.com) (hereinafter referred to as “Axis-One”), and the Client.
Unless otherwise agreed in writing by Axis-One at the time of the order, all offers and services of Axis-One are exclusively governed by the present General Terms and Conditions, which are the only ones applicable between Axis-One and the Client, who irrevocably commits itself to respect them by the simple fact of placing an order.
Any order for a product/service offered on the website www.axis-one.be (hereinafter referred to as “the Site”) presupposes that the Client has previously read and expressly accepted the General Terms and Conditions, without reservation and without this agreement being subject to the Client’s handwritten signature. Confirmation of the order form consists of an electronic signature which, between the parties, has the value of a handwritten signature and which constitutes proof of the entirety of the order and the amounts due for the implementation of the said order.
The present General Terms and Conditions replace and cancel all other General or Special Terms and Conditions of the Client, who waives the right to rely on any contradictory document and confirms having read all the elements of this contract, its scope and applicability.
Axis-One reserves the right to modify its General Terms and Conditions at any time. In this case, the applicable conditions will be those in force at the date of the order by the Client.
Any breach of these general terms and conditions will automatically and ipso jure lead to the immediate termination of the sale or rental contract and of any right to use, in any way whatsoever, all or part of Axis-One’s equipment that may be in the possession of the Client or of a third party at the behest of the Client.
Art. 2 – Offers, Orders & Modifications
Axis-One’s offers are not contractual. Any commitment made by Axis-One is only valid if it has been ratified in writing by the manager of the company.
Any order will only be validated after receipt of an official order form duly signed by the Client and, if applicable, receipt of the payment of the deposit provided for under the conditions specified in the offer.
Any modification to the contract, in order to be accepted and effective, must be the subject of an appendix to the basic contract, duly signed by the Client and accepted by Axis-One.
Axis-One’s offers and services are also available for sale/rental online on the Site.
The Client’s registration on the Site is validated by Axis-One after verification of the standard form filled in by the Client. The Client receives an e-mail that confirms registration. The Client is required to verify the completeness and conformity of the information provided to Axis-One when registering on the Site. Axis-One cannot be held liable for any data entry errors and the consequences resulting from this, in particular concerning the Client’s delivery address. The data recorded by Axis-One constitutes proof of all the transactions made by the Client.
The products and services offered for sale/rental on line are those which appear in the catalogue published on the Site. The texts and photos are not contractual. Axis-One cannot be held liable for differences between the presentation photos and the items on the Site or between the texts and illustrations and the items ordered.
The Client can select as many products as he/she wants to add to the cart. The cart summarises the products chosen by the Client as well as the price, costs and taxes related to them. The Client may freely modify the cart before validating his/ her order. Validation of the Order implies acceptance by the Client of these General Terms and Conditions, the products purchased/rented, their price and the associated costs and taxes.
ART.3 – VALIDITY
Unless otherwise agreed in writing, Axis-One’s offers are valid for 30 days.
ART. 4 – PRICES
All prices mentioned in Axis-One’s sales or rental offers are in euros and are exclusive of VAT.
Only the prices indicated in Axis-One’s offers or contracts are binding on the company. Unless otherwise specified, prices are established without early settlement discount, commission or volume discount.
The prices of the products and services available for sale/rental online are those shown on the Site. They are subject to change at any time and without prior notice without such changes affecting the orders validated by the Client before the price change. Prices are indicated both before and after VAT and are to be increased by any delivery charges and any applicable taxes. The eventual costs and taxes are detailed in the cart before validation of the order by the Client and are included in the final invoice issued by Axis-One.
ART. 5 – PAYMENT
Unless otherwise agreed in writing, all Axis-One invoices are payable on the date of the invoice.
To be valid, any complaint must reach Axis-One by registered letter with acknowledgement of receipt within 8 days of the issue of the invoice.
Furthermore, Axis-One reserves the right to ask for down payments or advance payment.
If payment facilities have been granted, these will expire automatically and without prior notice by the mere fact of failure to meet a due date or an intermediate deadline, and the full balance will be immediately due, plus interest and charges as determined below.
Payment for purchases made online on the Site must be made by credit card, bank transfer or via PayPal immediately after validation of the cart. The Client’s credit card will be immediately debited at the time of the transaction. As soon as payment is received, Axis-One will send the Client an order confirmation to the e-mail address provided by the Client when registering on the Site. If Axis-One does not receive the payment within 24 hours after validation of the cart, the order and delivery of the products will be cancelled. A notification of order cancellation for non-payment will be sent to the Client by Axis-One to the e-mail address given by the Client when registering on the Site.
ART. 6 – LATE PAYMENT
Non-payment of a sum due on its due date shall, by operation of law and without prior notice, entail late payment interest at the normal rate of 1% per month, any month started being due in full, without prejudice to fixed compensation equal to the normal rate of 15% of the unpaid amount, with a minimum of €75, not including any procedural compensation, collection costs, legal costs and execution costs, in application of Article 1153 of the Belgian Civil Code.
If, in case of partial delivery, the agreed payment is not made, Axis-One reserves the right to suspend or cancel the remaining partial deliveries, without prejudice to its right to compensation.
ART. 7 – DEPOSITS AND INSTALMENTS
If the contract provides for the payment of a deposit, the non-payment of this deposit within the stipulated time limit has an automatic suspensive effect in favour of Axis-One.
In the case of payment by instalments, any delay in payment in relation to the due dates provided for in the agreed payment plan, will result in the suspension of any obligation of Axis-One, which will moreover be entitled to claim compensation for non-compliance with the contract.
ART. 8 – CANCELLATION
Any cancellation of an order, whether total or partial, will give rise to compensation of up to 20% of the invoice amount as compensation for the loss suffered. However, this sum may be higher than 20% if it is proved that the loss suffered is greater than 20% of the total amount of the order.
ART. 9 – COLLECTION & RETURN OF MATERIAL
The collection of the material is done in exchange for the official order form for companies with an account in Axis-one’s records. Failing this, the Client must submit a copy of the company’s articles of association and a document certifying registration with the Trade and Companies Register and VAT.
The equipment must be returned by the Client in the state of operation and appearance in which it was received.
- When the equipment is returned, it will be subjected to complete servicing including at least complete cleaning and possibly repair or reconditioning depending on its condition.
- The cleaning of the soiled equipment as well as any possible repair or reconditioning will be invoiced to the Client.
ART. 10 – USE OF THE MATERIAL
In the event of renting equipment without technical assistance, the Client declares that it is perfectly familiar with how to use the equipment and shall use it with due care. The Client is liable for the consequences of the use of the equipment with regard to third parties if it is not assisted by an Axis-One technician.
Neither the Client nor any user acting on its behalf and under the Client’s responsibility, shall make any modification or repair of the rented equipment without the prior agreement of Axis-One. If need be, the Client will keep the defective parts for the purposes of expert appraisal. The replacement of a faulty part shall not give rise to cancellation, nor serve as a pretext for an action for damages or reduction of rental.
For any shooting at risk (by way of example and not exhaustively, shooting car rallies, shooting in the desert, in the jungle, at sea, etc.), the Client shall provide formal notification to Axis-One before taking possession of the equipment and Axis-One reserves the right to modify the conditions of the rental (specially adapted insurance rate), or even to refuse it.
ART. 11 – DURATION OF THE RENTAL
The basic rental period is per day and runs from 9am to 9am. The rental period may extend over several days and is agreed upon before delivery of the equipment.
The Client will be held liable for any damage suffered by Axis-One or its clients by any unjustified delay in the return of the equipment at the scheduled times. Any overrun will result in additional invoicing. The return of the equipment must be made during office hours, Monday to Friday from 8.30am to 1pm and 2pm to 6pm.
ART. 12 – OWNERSHIP OF THE RENTED EQUIPMENT
All equipment rented by Axis-One is and remains the property of Axis-One privileged from seizure.
The hirer undertakes to inform Axis-One immediately by registered letter in case all or part of the rented equipment:
- is seized by a third party. The hirer shall also notify the distraining party that the equipment involved in the seizure belongs to Axis-One.
- is involved in an accident having caused bodily injury or material damage or in a civil and/or criminal action.
- is requisitioned, borrowed, stolen or suffers damage for any reason whatsoever.
Any court proceedings and any costs resulting from them will be borne by the hirer.
However, the hirer must give Axis-One all the documents and details that the latter considers necessary.
ART. 13 – RESERVATION OF TITLE IN CASE OF SALE
In the event of the sale of the equipment, the transfer of ownership will only be effective after full payment for the equipment, even if the goods have been transformed or installed. It is strictly forbidden for the Client to sell or pledge the equipment to third parties in the meantime. However, all risks that the goods may incur are borne by the purchaser from the moment of delivery, even in the event of force majeure or fortuitous event.
ART. 14 – DELIVERY & TRANSPORTATION
When ordering online, Axis-One offers the Client options for making the equipment available, including the routing of the goods to the Client by a carrier that the Client is free to accept or refuse.
In case of a delivery request outside the territory of the Kingdom of Belgium, Axis-One reserves the right to refuse the order.
Delivery means the transfer of physical possession or control of the goods to the Client.
The delivery times mentioned in Axis-One’s offers are purely indicative and do not imply any commitment on its part. Axis-One shall make every effort to deliver the order within a maximum of 30 days from the day after the order is placed. No delay in delivery shall give rise to civil liability claims [against Axis-One] or indemnities, fines or total or partial cancellation of the contracts in the absence of Axis-One’s prior written consent. Furthermore, Axis-One declines all liability in the event of delays by its staff during the provision of services.
In the case of both rental and sale, the goods are always transported at the Client’s risk and expense.
The Client must check the condition of the packaging of the goods on receipt and within three working days of receipt at the latest. It is the Client’s responsibility to refuse any damaged package. The respect of this deadline is a sine qua non condition to allow the Client to obtain from Axis-One the implementation of a return, exchange or refund procedure according to the methods described in Article 15.
The invoice is sent to the invoice address given by the Client when it registered on the Site.
Delivery costs and options depend on the goods purchased, according to specific criteria (weight, place of destination, means of transport, express, standard, priority or not, etc.). The Client may choose the delivery method and must accept the delivery charges and options before validation of his order and payment of the price.
ART 15 – NON-CONFORMITY & APPARENT DEFECT
Any goods collected by the Client directly from the shop and taken away by it will be considered to be in good condition and in conformity with the order.
The condition of the equipment is in accordance with the use for which it is intended and free of any defect. In the event of any defects or malfunctions, it is the Client’s responsibility to notify Axis-One immediately by registered letter or by e-mail (firstname.lastname@example.org) within 24 hours of their collection. After this period, the equipment is deemed to be delivered in good condition and no complaint will be taken into consideration.
Non-conformity or the observation by the Client of an apparent defect in the goods delivered must give rise to a complaint by registered letter to Axis-One or by e-mail (email@example.com) within 3 working days following delivery. After this period, the equipment is deemed to be delivered in good condition and no complaint will be taken into consideration.
- Any complaint must specify the defect concerned. Failing this, no complaint is admissible and no return or exchange is possible.
The cases of non-conformity or apparent defects confirmed by Axis-One will give rise, depending on the content of the Client’s complaint, either to the establishment of a credit note in favour of the Client, or to the replacement of the equipment, or to the pure and simple reimbursement of the price to the Client.
- In case of non-compliance with the return procedure, no exchange or refund or credit note is possible.
- The computer equipment only gives the right to an exchange of equipment. Consumables, recording media (CDs, DVDs, cassettes, etc.) and unsealed software are excluded from any exchange or refund or credit note. Products declared obsolete by Axis-One will be exchanged for a new product that has a new reference number or an equivalent product with, depending on the case, a credit note by Axis-One or payment by the Client of the difference in price and, failing this, reimbursement by Axis-One.
ART. 15 – MANUFACTURER’S WARRANTY
The contractual warranty of a new product is strictly limited to the manufacturer’s warranty of that product, unless otherwise specified by Axis-One.
To be able to benefit from the manufacturer’s warranty of the products, the Client must imperatively keep the purchase invoice of the product issued by Axis-One and, if applicable, respect any registration procedures with the manufacturer.
If the manufacturer’s warranty is invoked, the goods must be returned directly to the shop, or be returned by registered mail, in their original packaging with the references of the initial order, a copy of the complaint, a copy of the invoice and, if applicable, the warranty certificate, no later than 7 days after sending the registered mail or e-mail indicating the non-conformity or apparent defects of the equipment referred to above.
Axis-One cannot be held liable for the failure of the manufacturer to implement the warranty (e.g. due to a cessation of activities by the manufacturer, withdrawal of the product from the market by decision of an appropriate authority, etc.).
Axis-One’s liability is limited, for any damage resulting from any sale/rental of a new or second-hand product, whatever its basis, and whatever the nature of the material or financial damage, direct or indirect, resulting therefrom, to the exchange, repair or total or partial reimbursement of the product sold. Under no circumstances can Axis-One be held liable for loss of profit, commercial loss, loss of data or loss of earnings or any other indirect damage.
Axis-One is led to make technical suggestions taking into account the permanent development of new technologies. However, it is the Client’s responsibility to ensure the technical compatibility of the products it intends to acquire/lease with its own information system and more generally its technical environment. Axis-One cannot be held liable in the event of malfunction or incompatibility of the products due to technical incompatibilities and no compensation can be requested from Axis-One as a result.
Axis-One does not offer a guarantee for second-hand products, unless specifically agreed in the quotation accepted by the Client or the invoice issued to the Client.
ART. 15 – CASES OF FORCE MAJEURE
The following are considered as cases of force majeure which render contracts or orders unenforceable and authorise Axis-One to cancel them purely and simply or to terminate them for their remainder: total or partial mobilisation, war, any other military operation, any incident which would have the effect of interrupting the normal supplies of the seller or its suppliers and in particular total or partial strikes, any stoppage of transport, lock-out, floods, fire, attacks or other disasters, etc.
ART. 16 – LIABILITY & INSURANCE
In view of the specific nature of the products sold on the Site, Axis-One’s liability is excluded for damages of any kind resulting from the malfunctioning of hardware or software sold online, whatever their origin and nature, whether direct or indirect. The defectiveness of a product only gives the right to an exchange or a total or partial refund under the conditions set out in these General Terms and Conditions.
Axis-One cannot be held liable for the results obtained on the Client’s silver emulsion, magnetic or digital films, whatever the reason. In any case, Axis-One’s cannot be held liable beyond the free replacement of its services for a period equivalent to that of a possible operating damage.
The Client waives the right to hold Axis-One liable for any damage or accident that may result from the use of the rented equipment. If the liability of Axis-One is established, it will in any case be limited to the amount of the rental of the equipment and may give rise to a maximum reimbursement of the amount of the rental of the equipment. Beyond this amount, the hirer waives any right to pursue Axis-One for remedy.
In cases where Axis-One is in charge of the audio and/or video recording of an event, Axis-One declines all liability in the event of failure of the recording for any reason whatsoever. In cases where Axis-One’s liability in the event of failure of the recording is established, it is limited to the amount of the equipment rental and may give rise to a maximum reimbursement of the amount of the recorder’s rental. Beyond this amount, the hirer waives any right to pursue Axis-One for remedy.
The Client is responsible for the safekeeping and perfect return of the equipment rented to Axis-One.
Axis-One has taken out a multi-risk insurance policy covering the rented equipment. By the simple fact of renting, the Client agrees to contribute to the insurance costs up to 8% of the rental value of the equipment, excluding discount. If the Customer wants to cover this insurance itself, it must provide proof, before taking possession of the equipment, that this insurance covers risks similar to those covered by Axis-One’s insurance, including obsolescence coverage expressly allowing replacement at replacement value at the date of the loss. It will have to produce a certificate stating the risks and amounts covered as well as the warranty period before taking possession of the equipment.
Axis-One reserves the right to refuse the insurance option to any client with a high level of claims.
Axis-One’s equipment is insured against the risks of loss and damage, provided that these are directly and exclusively due to theft or attempted theft, fire, explosion, water damage or accidental causes, with the exception of: theft from vehicles both at night and during the day, on the public highway, in guarded or unguarded car parks or garages; theft during loading or unloading of any type of transit; non-return or damage to accessories; loss, except in cases of force majeure (riot or assault); negligence; breakage of plasma monitors.
All other risks are excluded: fraud, breach of trust, negligence, non-return or deterioration of accessories, risks due to the action of salt air, salt water, sand, etc. and remain at the expense of the Client.
Axis-One’s insurance applies subject to an excess equal to 20% of the total amount of the damage with a minimum of €1,500.00 excluding taxes which, in the event of a claim, the Client shall reimburse to Axis-One.
Axis-One’s insurance only covers Belgium and European Union countries; an extension must be requested, whoever the policyholder is, for countries outside the European Union.
In the event of a claim, the Client must, within 48 hours, send Axis-One a detailed declaration on letter-headed paper, and in the event of loss or theft, the original receipt of the declaration issued by the local police office.
ART. 17 – AVAILABILITY
Rental offers drawn up by Axis-One are always subject to availability.
Axis-One may, without notice or compensation of any kind, replace the products proposed in its offers with equivalent products.
The Client waives any recourse in case of unavailability of the ordered equipment or in case of replacement according to availability.
The Site indicates whether the equipment is available in stock or to be ordered from Axis-One’s supplier. These indications are automatically updated in real time. However, Axis-One shall not be held liable for any error in the update, whatever its origin. For products not stored in Axis-One’s warehouses, offers are valid subject to availability from the supplier concerned.
Promotions are only valid within the limits of the stocks available at Axis-One.
ART. 18 – COPYRIGHT
Copyright is the responsibility of the Client.
The Client renting equipment with or without technical assistance from Axis-One staff is supposed to have the rights to the recording or broadcasting related to it. The Client explicitly releases and hold Axis-One harmless from any liability regarding copyrights and other rights and shall take charge of any claim for compensation regarding these rights, including possible fines and taxes.
Any copyright that may be demanded by any organisation or private person in matters of copyright, within the framework of the performance of the services performed by Axis-One, shall be at the expense of the Client.
ART. 19 – INTELLECTUAL PROPERTY
The projects, studies, plans and offers made at the request of the Client remain the full property of Axis-One and may not be used, reproduced, distributed or sold under any circumstances without the prior written consent of Axis-One.
Unless otherwise agreed in writing, Axis-One also retains all property rights related to the images and sounds recorded by Axis-One’s staff or its subcontractors, within the framework of the services ordered by the Client.
ART. 20 – GENERAL INFORMATION
Within the framework of rentals or sales with delivery, the Client authorises and facilitates access to the place of delivery and/or service for Axis-One’s personnel and vehicles.
For all orders that include services, travel, customs and parking costs, [these costs] as well as catering and accommodation costs are at the Client’s expense.
Any taxes and charges whatsoever that may be due when using the rented equipment will be borne by the Client.
Unless otherwise specified beforehand, the Customer authorises Axis-One to take photos and videos during the provision of the service for personal promotional purposes, without financial compensation.
ART.21 – PARTIAL NULLITY
If one or more stipulations of these General Terms and Conditions are held to be null and void or declared as such in application of a law or following a final judicial decision, the other stipulations will retain their full force and scope.
ART.22 – NO WAIVER
No tolerance, inaction or inertia on the part of Axis-One may be interpreted as a waiver of its rights under these General Terms and Conditions.
ART. 21 – DISPUTES
All disputes between the parties arising from or in connection with these General Terms and Conditions will be exclusively and definitively settled by the Tribunal de l’Entreprise francophone de Bruxelles [the French-speaking Commercial Court of Brussels] or the Justice of the Peace of the 1st Canton of Brussels, ruling in French, at Axis-One’s discretion.
Only Belgian law shall apply. The French text shall prevail over the Dutch and English texts.