1. These general terms and conditions apply to all the by CDR rented out materials. Except for stipulations otherwise agreed upon in writing, the renter’s general terms and conditions, even when communicated, will not be considered up to the extent of their deviation.
2. The rental period: even in case of a delivery and/or recuperation by CDR (named hereafter «the rental company»), the rental period starts on the day at which the rented materials leave the rental company’s warehouse and ends at the moment of their return. The proposed rental prices are valid for the rental period beforehand agreed upon, including the day of delivery or collection and the day of return or recuperation. If the rental period is shorter than anticipated, there is no reimbursement. Each additional day is seen as a full rental day, for which the rental price per additional day is due. The collection and return have to be performed on a working day during the rental company’s opening hours. By « working day » is meant, each day of the week with the exception of Saturdays, Sundays and holidays.
3. Transport and delivery: the renter can collect and/or return the rented materials himself. In such case, the costs and the risks, unless otherwise agreed upon, regarding transport, loading or unloading and/or the (dis)assembly of the rented materials are at the renter’s expense. The rented materials can also be delivered and/or collected by the rental company (CDR), against payment of a supplement. Such a delivery includes half an hour of unloading and half an hour of loading of the rented materials. Each additional quarter of an hour needed for the (dis)assembly and/or loading or unloading will be invoiced extra. The prices are applicable under normal delivery circumstances and transport between our warehouse and the destination’s location (e.g. easy access, ground floor, etc.). The rented materials, if necessary, can be assembled by us against payment of a supplement (estimate beforehand/at an hourly rate). Extra waiting time subsequent to delays caused by the customer or third parties will be charged. Collections with open trailers or open delivery vans and/or lorries are not accepted because of possible damage. If these requirements are not complied with, the order can as yet be withheld.
4. Rented materials: at all times, the rented materials remain the property of CDR. The renter will be responsible for their return, even in case of force majeur. The rented materials are deemed to be delivered in perfect condition and in a quantity in accordance with the order form. The renter can request for a cross count and/or survey of the rented materials at the moment of collection or delivery at the latest. Each future objection will not be taken into consideration.
5. Return of the rented materials: the rented materials have to be delivered, where relevant, in the boxes or the packaging or the packaging material provided to this end, in the state in which the renter has received them. On top of that, in case of taking back of the rented materials by the rental company, the materials need to be accessible and ready for loading. In the absence thereof, the renter will be held liable for payment of a fixed compensation of 75 EUR for such a service, supplemented with the costs for securing a lorry at the moment of the taking back, possibly including the working costs if these are more than the foreseen half hour in accordance with article 3. On top of this, if the rented materials are not ready and the rental company’s planning does not allow to take the materials back immediately, as a consequence of which the rental company has to return at a later time, a second transport will be charged at the renter’s expense. The count and the qualitative survey of the rented materials will be performed at the rental company’s warehouses. Per fax or per e-mail sent before the end of the rental period, the renter can request a cross count and cross qualitative survey. In the absence of such a request, the renter is deemed to have accepted the count and the qualitative survey. All rented materials which are not, or are not correctly, handed in or which are damaged, irrespective of the cause, including theft, fire or any other event, will be charged at the purchase value increased by 15%. Damages caused by third parties are at the renter’s expense. CDR cannot be held liable for indirect damage. The taking back of the rented materials by CDR does not directly mean acceptance and does not exclude a claim for compensation. CDR has 48 hours time after taking back the rented materials, Saturdays, Sundays and holidays excluded, to disclose its findings regarding damage, decrease in value, etc. to the renter. At the collection of the materials by our services, at all times the renter is always responsible for damage and theft until the collection occurs.
6. Payment terms: unless otherwise agreed upon, the rental price needs to be paid before the collection or the delivery of the rented materials. The rental price includes (i) the materials’ rental price in accordance with article 2, (ii) the transport price and the delivery in accordance with article 3 and (iii) the deposit the renter is due to the rental company in accordance with the rental company’s proposition. All payments need to be performed at the rental company’s registered office. In the absence of the receipt of full payment, the rental company may refuse to deliver the rented materials. The invoices need to be paid in cash. If no objection is lodged per registered letter within 10 days after date, the invoices are deemed as definitely accepted by the renter. All non-paid invoices on the due date, by right and without prior formal notice, come with an interest of 8% per started month of delay. Next to this interest, each on the due date non-paid sum will by right be increased, as a fixed compensation, by 15% with a minimum of 75 EUR.
7. Liability: the renter acknowledges to have been informed about the safety regulations for the assembly and the use of the rented materials. He discharges the rental company of every liability in case of accidents. The renter is also liable for attaining the necessary permits in case they are applicable. The possible occurring damage is always at the renter’s expense.
8. Cancellation: in case of cancellation of more than 30 days prior to the anticipated rent’s starting date, the cancellation will be without costs. In case of cancellation of more than 5 working days and less than 30 days prior to the anticipated rent’s starting date, the renter will be held to pay a compensation equal to 50% of the invoiced amount. In case of cancellation less than 5 working days prior to the anticipated rent’s starting date, the renter will be held to pay the full invoice amount.
9. Sabam (Belgian Society of Authors, Composers and Publishers): all costs regarding SABAM, de Billijke Vergoeding (royalties), etc. resulting from the by the renter played music, either mechanically or live, either in public or at private occasions, as well as the recording of this music on audio equipment, at which this performing and/or recording is done via the by the rental company provided equipment, are completely at the renter’s expense. CDR never is responsible for the application of the legally enforced regulations regarding noise standards. In case of exceeding these noise standards, the possible fines are always at the customer’s expense.
10. Court having jurisdiction and applicable law: the Commercial Court of Oudenaarde will have exclusive jurisdiction for the interpretation or execution of the rental agreements with the rental company. The Belgian Law is applicable.