GENERAL TERMS AND CONDITIONS OF SALE, RENTAL AND PROVISION OF SERVICES OF THE COMPANY AXIS-ONE SRL
These general terms and conditions replace and cancel any previous terms and conditions and are applicable as of 1 September 2020
The site you are visiting is owned by AXIS-ONE SRL, a company having its registered head office at
- 24 Houtweg
- 1140 Brussels
- VAT : BE0860.614.088
- e-mail: email@example.com
- Tel : +32 2 245 24 24
a company having its registered head office at
ART.1 – FIELD OF APPLICATION
1.1 Unless otherwise agreed in writing by Axis-One at the time of the order, all offers and services of Axis-One are governed exclusively by these general terms and conditions which are the sole applicable between Axis-One and the Customer, who irrevocably undertakes to respect them by the simple fact of his order.
1.2 These general terms and conditions replace and cancel any other general or special terms and conditions of the Customer who waives the right to invoke any contradictory document and confirms to have read all elements of this contract, and to understand their scope and applicability.
1.3 Any breach of these general terms and conditions shall automatically, as of right, result in the immediate termination of the sales or rental contract and any right to use, in any way whatsoever, all or part of Axis-One equipment in the possession of the Customer or a third party in the Customer’s intervention.
ART. 2 – OFFERS, ORDERS AND MODIFICATIONS
2.1 Axis-One offers are not contractual. Any commitment by Axis-One is only valid if it has been ratified in writing by the company’s manager.
2.2 Any order will only be validated after receipt of an official order form duly signed by the Customer and, where applicable, receipt of the deposit provided for under the terms and conditions specified in the offer.
2.3 An appendix to the basic contract, duly signed and accepted by Axis-One, must be drawn up in order for any modification to the contract to be accepted and effective.
ART.3 – VALIDITY
Unless otherwise agreed in writing, Axis-One’s offers are valid for 30 days.
ART. 4 – PRICES
4.1 All prices indicated in Axis-One’s sales or rental offers are in euros and do not include VAT.
4.2 Only the prices indicated in Axis-One’s offers or contracts are binding on the company. Unless otherwise specified, prices are established without discount, commission or rebate.
ART. 5 – PAYMENT
5.1 Unless previously agreed otherwise in writing, all Axis-One invoices are payable on the date of the invoice.
5.2 To be valid, any complaint must reach Axis-One by registered letter with request for acknowledgement of receipt within one week of the issue of the invoice.
5.3 Furthermore, Axis-One reserves the right to ask for deposits or prepayment.
5.4 If payment facilities have been granted, they shall expire automatically and without prior notice by the mere fact of non-compliance with a due date or intermediate deadline, and the full balance shall be immediately due, plus interest and charges as determined below.
ART. 6 – LATE PAYMENT
6.1 The non-payment of a sum due on its due date shall, as of right and without prior formal notice, lead to contractual interest for late payment at the rate of 1% per month, any month started being due in full, without prejudice to a contractual fixed compensation of 15% of the unpaid amount, with a minimum of € 75, not including any costs of proceedings, collection costs, legal costs and enforcement costs, in application of article 1153 of the Civil Code.
6.2 If, in the case of a 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
7.1 If the contract provides for a deposit, the non-payment of this within the stipulated period shall automatically have a suspensive effect in favour of Axis-One.
7.2 In the case of payment by instalments, any payment that is late in relation to the due dates specified in the agreed payment, plan shall lead to the suspension of any obligation of Axis-One, which shall, furthermore, be entitled to claim compensation for non-compliance with the agreement.
ART. 8 – CANCELLATION
Any total or partial cancellation of an order will lead to compensation of up to 20% of the invoice amount as compensation for the loss suffered. This amount may, however, exceed 20% if it is proven that the loss suffered is more than 20% of the total amount of the order.
ART. 9 – COLLECTION AND RETURN OF EQUIPMENT
9.1 For companies with an account registered with Axis-One, equipment shall be collected in exchange for the official purchase order. Failing this, the Customer must submit a copy of the company’s articles of association and a document certifying that it is listed in the Trade Register and registered for VAT.
9.2 Acceptance of the equipment by the Customer shall de facto imply the existence and acceptance of the rental or sales contract and the general terms and conditions relating thereto. This acceptance does not exclude the Customer’s obligation to test all appliances. Any product collected will be considered to be in good condition and in conformity with the order.
9.3 The condition of the equipment corresponds to its intended use and is free from defects. Should there be any defects or malfunctioning, it is the Customer’s responsibility to notify Axis-One immediately by registered letter within 24 hours of collection. Thereafter the equipment is assumed to be delivered in good condition and no claim will be taken into consideration.
9.4 The equipment returned by the customer must be in the same working order and have the same appearance as when it was received.
9.5 When the equipment is returned, it will undergo a full overhaul comprising at least full cleaning and repair or reconditioning depending on its recorded condition.
9.6 The cleaning of soiled equipment and any repair or restoration will be charged to the Customer.
ART 10 – TRANSPORT
The Customer always bears the transport risks and costs, whether the product is sold or rented.
ART. 11 – USE OF THE EQUIPMENT
11.1 In case of rental of equipment without technical assistance, the Customer declares that he perfectly knows how to use the equipment and undertakes to use it with due care. The Customer is liable for the consequences for third parties of the use of the equipment, when not assisted by an Axis-One technician.
11.2 The Customer and any user acting on his behalf and under his responsibility, undertake not to modify or repair the rented equipment without the prior consent of Axis-One. If necessary, the Customer will keep the defective parts for expert appraisal. The replacement of a defective part will not give rise to cancellation or serve as a pretext for claiming damages or a reduction in rent.
11.3 For any filming that presents a risk (for instance, this list not being exhaustive: rally, desert, jungle, shooting at sea,, etc.), the Customer formally undertakes to inform Axis-One before taking possession of the equipment and Axis-One reserves the right to modify the conditions of rental (specially adapted insurance rate), or even to refuse it.
ART. 12 – RENTAL TERM
12.1 Rental is on a daily basis running from 9.00 a.m. to 9.00 a.m. The rental term may extend over several days and is agreed upon before delivery of the equipment.
12.2 The Customer will be held liable for any damage suffered by Axis-One and its Customers for any unjustified late return of the equipment in relation to the scheduled times. Any lateness will lead to an additional charge. The equipment must be returned during office hours, Monday to Friday from 8.30 am to 1 pm and 2 pm to 6 pm.
ART. 13 – OWNERSHIP OF RENTED EQUIPMENT
13.1 Any equipment put for rent by Axis-One is and remains the unseizable property of Axis-One.
13.2 The lessee undertakes to inform Axis-One immediately by registered letter in the event that all or part of the rented equipment:
a) is seized by a third party. The lessee also undertakes to notify the seizing party that the seized equipment belongs to Axis-One.
b) is involved in an accident causing bodily injury or material damage or in civil and/or criminal proceedings.
c) is requisitioned, borrowed, stolen or suffers damage for any reason whatsoever. The lessee has the obligation to defend in court and to bear all costs that may result from this. However, the latter shall provide Axis-One with all documents and information that the latter may consider necessary.
ART. 14 – TRANSFER OF OWNERSHIP IN THE CASE OF SALE
In the case of sale of the equipment, the transfer of ownership will only be effective after full payment for the equipment, even if the product has been transformed or installed. The Customer is strictly forbidden to sell or pledge the latter to third parties in the meantime. However, all the risks to which the product may be subject are borne by the buyer from the moment of delivery, even in the case of force majeure or fortuitous event.
ART. 15 – DELIVERY TIMES
The delivery times indicated in Axis-One’s sales offers are purely indicative and do not imply any commitment on its part. Its liability shall not be incurred for any late delivery and the latter shall not give rise to compensation, fines, or full or partial cancellations of contracts. unless prior written agreement of Axis-One. Furthermore, Axis-One declines all liability should its staff be late in providing services.
ART. 16 – CASES OF FORCE MAJEURE
The following are considered to be cases of force majeure which make it impossible to perform contracts or execute orders and authorise Axis-One to simply cancel them or terminate them before the end of the term: total or partial mobilisation, war, any other military operation, any incident causing the interruption in the normal supplies of the vendor or its suppliers, notably total or partial strikes, transport stoppages, etc.
ART. 17 – LIABILITY AND INSURANCE
17.1 Axis-One assumes no responsibility/liability for the results obtained on the Customer’s silver, magnetic or digital films for any reason whatsoever. In any case, Axis-One’s liability shall be limited to the free replacement of its services for a period equivalent to that of any operating fault.
17.2 The Customer agrees not to hold Axis-One liable in any way whatsoever for damage or accidents that may result from the use of the rented equipment. If Axis-One’s liability is established, it will, in all cases, be limited to the equipment rental cost and shall lead, at the most, to the refund of the equipment rental cost. Above this amount, the lessee waives any right to recourse against Axis-One.
17.3 In cases where Axis-One is in charge of the audio and/or video recording of an event, Axis-One shall refuse all liability in the case of failure of the recording for any reason whatsoever. Should Axis-One’s liability for the failure of the recording be established, it shall be limited to the equipment rental cost and shall lead to the refund of no more than the recorder rental cost. Above this amount, the lessee waives any right to recourse against Axis-One.
17.4 The Customer is responsible for the safe-keeping and the return in perfect condition of the equipment rented from Axis-One.
17.5 Axis-One has taken out a fully comprehension insurance policy to cover the rented equipment. By the mere fact of renting, the Customer agrees to contribute to the insurance costs by up to 8% of the rental value of the equipment, excluding discounts. If the Customer wishes to take out this insurance policy himself, he 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 the replacement as new on the date of the insured incident. He must present a certificate stating the risks and amounts covered as well as the period of cover before taking over the equipment.
17.6 Axis-One reserves the right to refuse the insurance option for any customer who has made a large amount of claims.
17.7 Axis-One’s equipment is insured against the risks of loss and damage, provided that such loss or damage is directly and exclusively due to theft or attempted theft, fire, explosion, water damage or an accidental cause, with the exception notably 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 in 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 by the action of salt air, salt water, sand, etc. and shall be borne by the Customer.
17.8 Axis-One’s insurance applies subject to an excess (deductible) of 20% of the total amount of the damage with a minimum of € 1 500.00 excluding taxes that the Customer agrees to refund to Axis-One, in the case of a claim.
17.9 As Axis-One’s insurance only covers Belgium and European Union countries, an extension must be requested, regardless of the policyholder, for countries outside the European Union.
17.10 In the event of a claim, the Customer must send Axis-One within 48 hours a detailed declaration on letterheaded paper, and in the event of loss or theft, the original receipt for the declaration at the local police station.
ART. 18 – AVAILABILITY
18.1 Rental offers made by Axis-One are always subject to availability.
18.2 Axis-One may, without notice or compensation of any kind, replace the references proposed in its offers with equivalent references.
18.3 The Customer waives the right to any recourse following the unavailability of the equipment ordered or in the event of a replacement that occurs depending on availability.
ART. 19 – COPYRIGHTS and ROYALTIES
19.1 Royalties are payable by the Customer.
19.2 The Customer renting equipment with or without the technical assistance of Axis-One staff is assumed to have the rights to as regards the recording and broadcasting associated with this. The Customer explicitly holds Axis-One harmless in respect to any liability linked to copyrights and other rights and undertakes to pay any claim for compensation for rights including any fines and taxes.
19.3 Any royalties that may be claimed by any organisation or private person in respect to copyright, in the context of the services performed by Axis-One, shall be borne by the Customer.
ART. 20 – INTELLECTUAL PROPERTY
20.1 Projects, studies, plans and offers made at the request of the Customer remain fully the property of Axis-One and may under no circumstances be used, reproduced, distributed or sold without the prior written consent of Axis-One.
20.2 Unless otherwise agreed in writing, Axis-One also retains all intellectual property rights for the images and sounds recorded by Axis-One staff or subcontractors, in the context of the services ordered by the Customer
ART. 21 – GENERAL
21.1 In the case of rental or sale with delivery, the Customer shall allow and facilitate access to the place of delivery and/or provision of the service for Axis-One staff and vehicles.
21.2 For any order including services, the travel, customs, parking, catering and accommodation costs are to be borne by the Customer.
21.3 All taxes and charges of any type whatsoever that may be due when the rented equipment is used shall be borne by the Customer.
21.4 Unless previously specified otherwise, the Customer authorizes Axis-One to take photos and videos during the service for personal promotional purposes, without any financial compensation.
ART. 22 – DISPUTES
All disputes between the parties arising from or in connection with these general terms and conditions shall be exclusively and definitively settled by the Tribunal de l’Entreprise francophone de Bruxelles (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 choice.
Only Belgian law shall apply. The French text takes precedence over the Dutch and English texts.