ShowTex NV Terms and Conditions of Sale and Lease
Unless notice to the contrary is issued, the following terms and conditions shall apply to any sale or leasing of material:
By placing an order, the purchaser or the hirer confirms their acceptance of these general terms and conditions of sale or terms and conditions of lease. Clauses contrary to these terms and conditions shall only be binding when agreed in writing.
If the purchaser/hirer has his own terms and conditions of purchase or terms and conditions of lease and they do not correspond with our terms and conditions of sale or terms and conditions of lease, which are binding for both parties, the purchaser’s/hirer’s terms and conditions shall be null and void, even if we did not explicitly reject these terms and conditions.
By placing an order, the customer agrees to accept delivery of the goods in question.
If an order is cancelled, the seller/lessor may either insist on the purchaser’s acceptance of the goods or claim damages. If the seller/lessor claims damages for the cancellation of an order, the purchaser/hirer shall fully indemnify the seller/lessor for any loss incurred by the cancellation, with a minimum of 70% of the invoice amount. The cancellation of an order only becomes effective after the written consent of ShowTex NV.
- The goods shall always be transported under the responsibility and at the risk of the purchaser/hirer, even if the goods are transported by us for the account of the purchaser or the hirer. The same applies to all goods of third parties transported by us for the account of the purchaser/hirer.
- Any complaints about the goods sold shall be sent to us by registered letter and must be received within 8 days of the delivery of the goods.
If material is leased, the hirer shall pay a security deposit amounting to 20% of the market value, unless there is a written agreement to the contrary. Upon the acceptance of the leased goods by the hirer, the goods must be inspected in our presence. Any damage or shortage existing at that time shall be recorded on the delivery slip.
Any damage reported after the acceptance of the goods by the hirer is deemed to be caused by the hirer.
If the hirer requests the shipment of the leased goods, he may inspect the goods in our warehouses prior to their shipment. If the hirer waives the right to inspect the goods, he is deemed to have accepted the goods in good condition, and any subsequent damage to the leased goods is deemed to be caused by the hirer.
The hirer shall report any damage to or any defect in the leased material immediately to the lessor by means of photos /mail. The hirer may not alter or repair the goods without the lessor’s consent.
The lease is entered into for a specific period as specified in the quotation and order.
To determine the duration of the lease period, part of the day shall be counted as a full day.
If, for any reason whatsoever, the hirer is unable to return the leased goods (or have them returned) to the lessor, the hirer shall pay the lessor the damages determined by the lessor, amounting to the replacement value of the leased goods.
Upon return of the leased goods, the hirer may demand an inspection of the goods in his presence and the preparation of a joint statement of damage. This statement shall be issued in duplicate and signed by both parties. Each party shall receive a copy. If the hirer decides to waive his right to be present, he automatically accepts any statement of damage as prepared unilaterally by ShowTex NV during the latter’s inspection of the goods. By placing an order, the hirer confirms their acceptance of the damage rate applied by ShowTex NV, and they agree to compensate for the damage caused based on these rates. A list of these rates is available upon simple request.
If the leased goods are damaged upon return, the costs to repair and/or alter the material shall be invoiced to the hirer. The damaged goods shall be kept for 5 business days, from the date on which the damage was ascertained. During this period, the hirer (or his insurance representative) may personally verify the damage at our premises, during office hours and by prior appointment. After the expiry of this period, any further inspection of the damaged goods shall no longer be possible, and the leased goods shall be repaired and/or altered without further notice to the hirer.
If the leased goods are damaged beyond repair, they shall be collected by the hirer within 10 business days from the date of the invoice, subject to prior appointment, after payment of the lease period plus damages. If the hirer fails to collect the goods within the prescribed period, the goods shall be removed from our warehouses without further notice to the hirer. Any costs incurred by the removal of the damaged goods shall be charged to the hirer.
If the leased material is lost, an amount equal to the sales price of the same material as applicable at the time of the loss shall be charged to the hirer.
If the leased goods are returned late, the hirer shall pay damages amounting to the lease price per day, multiplied by the number of days of the delay.
All costs incurred by the damage to or loss of the leased goods shall be invoiced exclusively to the hirer, who shall pay the invoice without delay, irrespective of any possible claims the latter may have against third parties. These additional costs shall not exempt the hirer from his obligation to settle the entire leasing fee or from compliance with all other provisions of the leasing contract.
- Our invoices are payable on receipt, in cash and without discount.
- Payments must be made in Antwerp, without costs for ShowTex NV.
- In the event of the non-payment of an invoice within the agreed period, all outstanding amounts payable to ShowTex NV shall become immediately claimable, irrespective of the agreed terms of payment.
- If the purchaser/hirer fails to settle the payment in due time, he shall owe a late payment interest at the rate of 10% per year from the due date of the unpaid invoice(s), by operation of law and without further notice of default.
- If invoices remain outstanding after the due date, the purchaser/hirer shall also pay damages amounting to 10% of the invoice amounts, with a minimum of 25 euros, irrespective of the above-mentioned interest, by operation of law and without further notice of default.
- The purchase/hirer agrees that ShowTex NV shall not have direct or indirect responsibility and is not liable for the payment of any damages in case of the late delivery of the leased or purchased goods or in case of any defects in these goods, and/or in case of an accident as a result of any defect in the goods or caused by incorrect use.
The hirer shall indemnify the lessor against any claims by third parties. - Goods sold shall remain our property until the full payment of the price, increased by interest and costs. Notwithstanding the retention of title, the purchaser shall bear all risks.
- In case of a dispute, the justice of the peace of the fourth district and the courts of the district of Antwerp shall have jurisdiction.