Client: Buyer/ renter/ purchaser of other services, depending on the agreement that was concluded between stake5.be and client.
2. Acceptance of the offers and application of our terms and conditions
Every order that is placed with stake5.be directly or indirectly, either via our representatives or through our agents, is only accepted after we have conformed it in writing or by e-mail (see article 14). Barring an explicit written clause included in the contract, the agreements concluded between stake5.be and client are governed by the underlying terms and conditions, which in addition annul and replace the possible terms and conditions of the client. If certain clauses are derogated from in this contract, the other clauses nevertheless remain effective.
In case parties have established that an advance will be paid, the order only becomes definitive after the enterprise has received the advance.
3.1. Unless expressly stated otherwise, all prices listed in messages, such as catalogues, price lists and/or quotations of Stake5.be are represented in Euros and exclusive of VAT.
3.2. Unless expressly stated otherwise, the costs of packaging and shipping are borne by the client, as indicated in the relevant message, as well as all other levies or taxes imposed or levied in the matter of the products or the transport thereof.
3.3. Prices are based on the circumstances that are effective for Stake5.be at the time of conclusion of the agreement, such as, e.g., exchange rates, transport rates, and retail prices. If these circumstances change after conclusion of the agreement but before delivery, Stake5.be has the right to pass on the resulting costs to buyer.
3.4. Discounts are deemed to have been granted on a one-time basis each time. Discounts granted in the past do not bind Stake5.be in any manner for a later agreement.
4.1. Client will pay the amounts billed to him, effectively in the currency stated on the invoice, no later than upon pick-up or delivery of the material. In case of payment upon pick-up, this can occur in cash or via electronic payment 'Bancontact'. On the basis of an arrangement between Stake5.be and client the payment can also occur within the due date indicated on the invoice.
4.2. All amounts billed to Stake5.be must be settled without discounts or deductions. The client is not authorised to apply setoffs. The client furthermore does not have the right to suspend any payment obligation towards Stake5.be.
4.3. If at any time a reasonable doubt exists for Stake5.be regarding the creditworthiness of the client, Stake5.be has the right to demand of the client, before performing (further), that payment will occur in advance, or that the client lodges an adequate security, for the sum of the amounts, exigible or not, that Stake5.be has or will have to claim from the client, such at the discretion of Stake5.be.
4.4. In case of late payment, Stake5.be is entitled legally, and without prior default notice, to the payment of a fee of 10% of the invoice amount, with a minimum of € 50; Stake5.be remains entitled at all times to integral compensation for the damage incurred due to late payment.
4.5. In case of late payment, buyer owes Sake5.be, legally and without prior default notice, an interest of 1% per month on the outstanding balance; said percentage of 1% per month will apply both for the arrears and the statutory interest, the interest will be calculated from month to month, while every month that has commenced will be charged as a full month.
4.6. If Stake5.be must collect invoices via judicial channels, client is obliged to pay all judicial costs, as well as the costs and fees of their counsel for the procedure filed, even if these were to exceed the applicable compensation for legal procedures.
4.7. If Stake5.be, after buyer has fallen into default, sends payment reminders or other requests for payment to purchaser, this does not affect the above provisions in this article.
5.1 Every additional relocation that is required due to the absence upon the first offering at the delivery address submitted is invoiced additionally.
5.2 If client takes care of transport himself, he will do so with a vehicle adapted to the list of materials, equipped with the straps required to fix the load. LCD and LED screens may only be transported in upright position. Electronic material may not be transported in a trailer (except trailers of trucks).
6. Delivery, risk, and retention of title
6.1. Stake5.be retains the property title of the goods delivered until the buyer has paid the price thereof in full. Buyer bears the risk of the loss, damaging, or destruction of the goods from the moment that the matters are offered for receipt at the address submitted.
6.2. Client is obliged to accept the matters upon delivery. Failing this, the matters will be stored at the expense and risk of the client. Stake5.be will thereby inform the client of the time and place of storage as soon as possible.
7.1. If client does not properly or does not timely comply with any obligation that may flow for him from any agreement, client falls into default without default notice and Stake5.be will have the right to suspend the implementation of that agreement and agreements directly related thereto until payment has been sufficiently secured and/or to rescind that agreement and agreements directly related thereto completely or in part.
7.2. In case of an (application for) (provisional) suspension of payments, (filing for) bankruptcy, immobilisation or dissolution of the enterprise of buyer, all agreements with client will be legally rescinded, unless Stake5.be notifies client within a reasonable term that they demand compliance with (a part of) the relevant agreement(s). In the latter case, Stake5.be has the right to suspend the implementation of the agreement until such compliance by client has been sufficiently secured.
7.3. In case an event occurs as referred to in 6.2, respectively all claims of Stake5.be on purchaser on account of the relevant agreement(s) are instantly and fully payable and Stake5.be has the right to recover the delivered products. In this connection, Stake5.be and their authorised representatives will have the right to enter the premises and buildings of client in order to take possession of the products. Client is obliged to take the necessary measures in order to give Stake5.be the opportunity to enforce their rights. All costs of recovery are borne by client.
8.1. If client rents goods from stake5.be - in such case as may occur as a part of a service agreement - client is obliged to take out an all-risk insurance policy (theft and damage) for the rented goods prior to the start of the effective rental period.
8.2. If client does not conclude this insurance, he is obliged to accordingly inform stake5.be 7 days before the start of the effective rental period.
If the agreement was concluded less than 7 days before the start of the effective rental period, client informs stake5.be without delay regarding not taking out the insurance.
8.3 The value of the material stated on the quotation or option slip is only an indication. No rights or obligations can be derived from this amount.
9.1 Client is liable for damages and losses (including theft) that have occurred during the rental period, even if these were supposedly caused by force majeure. The damage will be costed at a minimum of the current new list price of the product.
9.2 If the client has the material invoiced to a different person/company, or the material is picked up by a different person than the one ordering, the person picking up will always be co-responsible for any possible damage, loss, or theft of the material. To such effect, an ID is always requested from each person picking up material for the purpose of identification.
10. Force majeure
Cases of force majeure, causes that lie with our suppliers, transporters, or with the postal services, suspend the execution of our undertakings.
11. State of the rented goods
By receiving the goods, the client automatically declares to agree that he has received these goods in proper conditions and without any visible damage. If damage has already been identified upon delivery of the material, the client must report this, and indicate the same on the delivery slip. If the goods are delivered by courier, the client must list any possible damage within 3 hours after receiving the material, and accordingly inform Stake5.be both by phone and by e-mail. After taking back the material (within office hours), stake5.be will have 24 hours to control whether any possible visible or invisible damage has occurred. Stake5.be will in case of any possible damage accordingly inform the client by e-mail. The value of the damage will be established by Stake5.be. If the amount of this value is contested by client, he can always engage an independent expert at own expense for a counter appraisal.
Stake5.be is not bound by any possible public statements made by himself, the manufacturer, or his representative regarding the special characteristics, in particular upon advertising and labelling, if he proves that: - he was not aware and could not reasonably have been aware of said statement, - this statement was rectified at the moment of conclusion of the agreement, or - the decision for the purchase of the consumer good could not have been affected by this statement. Lack of conformity is deemed not to exist in the sense of this article if, at the time of conclusion of the agreement, the consumer was aware of the lack or should reasonably have been aware of it, or if the lack of conformity flows from the material delivered by the consumer. Client must inform stake5.be of the lack of conformity within two months from the day on which he has established this lack.
Stake5.be and buyer expressly establish that if client cancels the order at the latest 2 business days before the start of the rental period, Stake5.be retains the right to bill 25% of the balance on the order as a cancellation fee. If the client cancels the order less than 2 business days before the start of the rental period, Stake5.be retains the right to bill 50% of the balance on the order as a cancellation fee. If stake5.be due to a cancellation of an order by the client incurs more damage than the percentage stipulated in the first section, they always have the right to claim compensation of all damage effectively incurred, even exceeding 25 % of the established price.
14. Several and joint liability
If various clients jointly enter into an agreement with stake5.be, they commit themselves jointly and severally vis-a-vis stake5.be. The delivery can occur validly at any of these clients. By signing the order slip, each signatory commits himself jointly and severally, regardless of his capacity with respect to the implementation of the agreement.
15. Transfer of rights and obligations
15.1. It is permitted to Stake5.be to transfer the rights and obligations described in any agreement with clients to third parties. In case obligations of Stake5.be are transferred, Stake5.be will, to the extent possible beforehand, inform the client accordingly, and client will have the right to rescind the agreement as regards the future as from the date on which the transfer will occur. Stake5.be will not be obliged to provide any compensation of damages in the matter in such case.
15.2. Client does not have the right to transfer his rights and/or obligations from an agreement to any third party without the prior written consent of Stake5.be.
16. Applicable law
Any dispute that flows from an agreement between Stake5.be and client is subject to Belgian Law.
17. Competent court
Disputes that may arise in connection with this agreement fall under the exclusive competence of the courts of law of the judicial district of Dendermonde and of the justice of the peace of the first district of Sint- Niklaas.
18. Acceptance terms and conditions
Through the order, the approval of the price quotation, or the acceptance of the invoice, the client is deemed to have accepted the following terms and conditions. Deviating clauses must be established, regardless of the invoice amount, in writing.