Specific Terms Related to Agreements
Definitions
"Client" refers to any natural or legal person, including private individuals, associations, schools, foundations, government institutions, lessees, buyers, or purchasers.
Application of Terms
These terms apply to all sales, rentals, or services between Hyred SFX and the Client, including agreements requiring third parties. Oral commitments are only binding if confirmed in writing.
Offers and Agreement Formation
All offers are non-binding unless confirmed in writing within 14 days. Prices exclude VAT unless stated otherwise. Handwritten changes invalidate offers. Confirmed orders obligate the Client to acceptance. Price adjustments due to governmental levies, wage increases, exchange rate fluctuations, or raw material costs may be passed to the Client, who may cancel unexecuted portions within ten days of notification. Illustrations, drawings, and specifications are indicative only.
Execution of Agreement and Delivery
- Delivery place: Hyred SFX warehouse unless otherwise agreed.
- Deliveries are generally freight unpaid; Hyred SFX may choose transport method. Orders above a certain amount are delivered free of charge.
- Express shipments and returns are never free.
- Cash-on-delivery may be applied; refusal incurs costs to the Client.
- Goods are at the Client’s risk from the warehouse, including rented items.
- Delivery times are indicative; exceeding them does not justify cancellation or compensation.
- Partial deliveries may occur; all terms apply.
- Hyred SFX may subcontract work if necessary.
- The Client must provide all necessary information in time. Delays allow suspension and extra cost charges.
- On-site work requires the Client to provide beverages and meals as specified.
- Gas containers remain Hyred SFX property; rental fees apply if retained over one month.
- Hyred SFX may use assignment results for promotional purposes.
Contract Duration and Deadlines
Agreements are indefinite unless agreed otherwise. Execution deadlines are never fatal; exceeding them requires written notice.
Changes to Agreement
Necessary modifications will be made in consultation. Completion time and fees may be affected. No extra costs are charged if changes result from Hyred SFX responsibility.
Confidentiality
Both parties must keep all obtained information confidential unless public or disclosed with consent.
Intellectual Property
Materials provided (offers, reports, designs, etc.) are for Client use only and may not be shared or reproduced. Hyred SFX retains rights over new knowledge or contacts. Clients may not copy products; violations incur a €10,000 minimum penalty plus lost revenue.
Cancellation
Hyred SFX may terminate agreements if the Client fails to meet obligations. Clients may cancel subject to fees:
- 50% for general cancellation;
- 75% if canceled within 30 days;
- 100% if canceled within 14 days before delivery or for custom products.
Termination
All claims become immediately due in cases of:
- Doubt about Client’s financial reliability;
- Non-provision of required security;
- Force majeure;
- Bankruptcy, liquidation, or asset seizure.
Hyred SFX may suspend or terminate agreements and claim damages.
Complaints
Complaints must be reported within 5 days of completion/delivery. Hyred SFX will correct justified complaints unless futile. Complaints do not allow payment suspension.
Returns
Returns require prior written consent and shipping at Client’s expense. Items must be unused, in original packaging, and accompanied by an invoice copy. Consumables cannot be returned. Hyred SFX may charge a 10% administration fee.
Fees
Fees are based on actual hours unless a fixed fee is agreed. Periodic invoicing applies for assignments longer than 5 days. Price increases may be applied if justified.
Payment
Invoices are due within 30 days of invoice date, payable in the invoiced currency. Late payments incur 10% annual interest and 10% penalty (minimum €100). Non-payment allows Hyred SFX to withhold delivery.
Retention of Title
All delivered goods remain Hyred SFX property until full payment, including interest and costs. Clients may not pledge or transfer ownership.
Collection Costs
All judicial and extrajudicial costs, including collection fees, are borne by the Client in case of default.
Liability
Hyred SFX is not liable for late delivery, defects, accidents, or damages from improper use. Liability is limited to insurer payouts or twice the invoice value. Long-term assignments limit liability to the last month’s fee. Clients must maintain insurance for on-site work or equipment use.
Warranty
Goods not produced by Hyred SFX are guaranteed according to manufacturer terms. Hyred SFX-produced goods: 1 year (except consumables and inflatables). Custom orders: 3 months. Return shipping for warranty items is at Client’s risk.
Force Majeure
Force majeure includes all external causes beyond Hyred SFX’s control, including strikes. Obligations are suspended; agreements may be terminated if force majeure exceeds one month. Partially completed work may be invoiced separately.
Impossibility
If execution is prevented by weather, terrain, or third-party negligence, the Client must cover all costs. Outdoor agreements require accessible, flat terrain under normal conditions.
Rental of Equipment
Renters are fully responsible for rented equipment and consumables. Damages, theft, or loss are fully charged. Hyred SFX determines damages and may charge replacement value. Deposits may be retained.
Governing Law and Jurisdiction
Belgian law applies exclusively. Only the courts of Aalst have jurisdiction, without prejudice to Hyred SFX’s right to act in the Client’s jurisdiction.