General terms and conditions of MOBILE LOCKER NV (hereinafter:ML)
General terms and conditions applicable to all agreements
1. Applicability of general terms and conditions:
1.1 Unless otherwise agreed in writing, all trade, services and agreements by or with ML are subject to these general terms and conditions.
Notwithstanding any reference by the customer to its own terms and conditions, the present terms and conditions of ML shall apply. ML’s special terms and conditions nullify and replace the company’s general terms and conditions from which they deviate.
1.2 A failure on the part of one of the parties to exercise any of the rights conferred under the present conditions does not imply a waiver by that party to invoke such right in the future.
2. Price quotations:
2.1 In its price quotations, ML assumes that all goods are supplied in their customary form and that all works can be performed in the normal manner.Special requirements and circumstances must be specified in writing and in detail by the customer beforehand.
2.2 Unless otherwise stated, price quotations are valid for a period of 15 days from the date of the quotation.
2.3 Changes to pay, social benefits and charges, price fluctuations of raw materials and materials, currency changes, index fluctuations and other unforeseeable circumstances at the time of the price offer or of its acceptance by the customer are considered grounds for ML to make a proportional adjustment to the price.
2.4 The customer’s acceptance of the price offer automatically includes the customer’s acceptance of ML’s special and general terms and conditions.
3.1 ML’s invoices are payable in cash and are considered to have been accepted by the customer in the absence if not disputed in writing within five days of the invoice date.
3.2 Any unpaid invoice shall, as of the due date, automatically and without prior notice, incur a late payment interest of 10 % per jaar alsook een forfaitaire schadevergoeding ad 10 % of the outstanding amount, with a minimum of 50,00 EUR.
3.3 In case of non-payment of one invoice, all other invoices become due immediately.
3.4 Under no circumstances is compensation allowed between ML’s invoices and any claims that would be made against ML.
3.5 Failing timely payment of an invoice, ML reserves the right, without notice, to suspend further performance of the agreement or to dissolve the agreement.
3.6 In case of dissolution of the agreement at the charge of the customer, the right to payment of the amounts already invoiced is definitively acquired by ML and no reimbursement of the amounts already received will be made.In addition, ML will be entitled to liquidated damages of 20%of the value of the agreement, subject to higher and proven damages suffered by ML.
4.1 Delivery shall take place at the location specified by the customer, unless in case of sale. On sale, the customer will collect the goods from ML’s premises.
4.2 The taking of possession of the goods by the customer without comments shall constitute proof of receipt of the goods in perfect condition and functioning properly.
4.3 The customer undertakes to provide all information which ML must have in order to properly perform its delivery at the specified location in a timely manner and assures ML access to the aforementioned location both for delivery and collection when applicable.
4.4 The specified location must be easily accessible by the usual means of transport.
4.5 The possible costs associated with temporary facilities such as water, electricity, internet, etc. for the benefit of assignments to be performed by ML, as well as the costs due to supplied water, electricity, fuel, internet, etc. do not form part of the quotation and are entirely at the charge of the customer.
5.1 In the event of a default attributable to ML or its appointees/executing agents, ML is not liable for damage on the part of the customer, except in the event this damage is due to intent or fraud.
5.2 In case ML should be deemed liable for any damage suffered by the customer, ML’s liability will not extend beyond the compensation of the amount owed by the customer to ML pursuant to the relevant agreement with the customer.
5.3 The condition for any right to compensation is always that the customer reports the damage to ML in writing within twenty-four hours of its occurrence.
5.4 The customer indemnifies ML for all damages ML may suffer as a result of claims by third parties related to goods supplied or services rendered by ML, including, inter alia: – claims of third parties for compensation for which the customer’s liability is excluded in these terms and conditions in the relationship with ML, – claims of third parties, including employees of the customer, who suffer damages resulting from wrongful acts of ML’s employees who have been made available to the customer and/or work under the customer’s supervision or instructions, – claims of third parties who suffer damages resulting from a defect in the goods supplied or services rendered by ML which were used, modified or supplied by the customer under the addition of or in connection with the customer’s own products or services.
6. Force majeure
6.1 In the event of force majeure, ML has the right to dissolve the agreement in whole or in part
6.2 Cases of force majeure on the part of ML exclude all compensation, to whatever extent the performance of the contract is affected.
6.3 If, when the force majeure occurs, ML has already partially fulfilled its obligations or can only partially fulfil its obligations, ML is entitled to invoice the part already delivered or deliverable and the customer is obliged to pay this invoice as if it were a separate agreement.
6.4. Force majeure includes, but is not limited to: delay or failure to deliver by ML’s suppliers, destruction of goods due to machinery breakdown, fire, strike, internet, electrical, software or telecommunications failures and errors or delays caused by third parties.
7. Intellectual property
7.1 All illustrations, drawings, technical descriptions and diagrams or specifications, provided to the customer, remain the property of ML and with prohibition of copying them in whole or in part or making them available to a third party for inspection without ML’s written consent.
7.2 A licence concerning software of ML only grants the customer a right of use. The customer has no ownership rights regarding the aforementioned software and is not allowed to copy, modify or sell the software in whole or in part.
In case of death, bankruptcy, application for judicial reorganisation or dissolution of the customer, ML has the right to terminate the agreement immediately, without owing any compensation.
9. Applicable law – competent court
The contractual relationship between ML and the client is governed by Belgian law. In the event of a dispute, only the courts of the Antwerp district have jurisdiction.
10. General terms and conditions applicable to leasing and making available
10.1 The customer is obliged to check all goods upon delivery or provision for completeness, condition and functioning; the goods are deemed to be in perfect condition and functioning properly if no remarks are made by the customer upon delivery or provision.
10.2 The customer is liable for all damage, loss or theft of the goods, including replacement damage, from whatever cause, during the duration of the rental/provision.
10.3 In case of loss or theft during rental, the compensation shall amount to 85% of the new purchase value of the goods.
10.4 When renting, the customer is fully responsible for the goods and must take care of their insurance and adequate management himself.
10.5 The customer is not allowed to sublet, lend or otherwise actually hand over the goods to third parties, except with ML’s express written consent.
10.6 The customer is deemed to have ordered the collection of the goods at the end of the period of provision/rental.
11. General conditions applicable to sales
11.1 The total price of the accepted price offer shall be payable as follows: an advance in the amount of … % bij de aanvaarding van de prijsaanbieding, … % when production begins and … % when the goods are collected. The customer will receive a separate invoice for each payment due.
11.2 The delivered goods remain the property of ML until payment of the full sales price, plus any costs and interest.The risk passes to the customer the moment the goods leave ML’s warehouses or offices.
11.3 Transport and other additional costs shall always be borne by the customer, unless expressly agreed otherwise.
11.4 The customer should immediately check the goods upon collection.Complaints concerning non-conformity and visible defects are only valid if made by registered letter, within twenty-four hours of collection.
11.5 Any claim based on hidden defects must be made by the customer by registered letter within one week of the discovery of the hidden defect.
11.6 Unless otherwise stipulated by law, the warranty is limited to the warranty provisions contractually subscribed by ML.With regard to goods produced by third parties, the guarantee is always limited to the guarantee provided by the manufacturer. The warranty covers materials and pieces only, excluding working hours.The warranty shall lapse if the defect has arisen as a result of injudicious or improper use of the goods or when the customer or third parties have made changes to the goods.
11.7 Except in case of hidden defects, ML does not take back goods, does not cancel orders placed and does not exchange goods at the customer’s request.
12. General terms and conditions applicable to reservations
12.1 A reservation is considered admissible from the moment a full payment of the order is completed and a confirmation is received by the end user.
12.2 A reservation completed through our online infrastructure entitles you to the usufruct of a locker of the chosen type during the chosen period.A locker cannot be exchanged to another size or combination of integrated functionalities as well as the term will not be adjustable after payment.
12.3 Reservations are handled on a case-by-case basis and only when both the confirmation e-mail and the reason for cancellation are communicated.
12.4 Refunds after a period of 14 days from the date of purchase will, by definition, be considered non-refundable.
12.5 Refunds must be requested no later than midnight of the 14th day before an event in the time zone where an event takes place.Refund requests submitted after this deadline will automatically be considered inadmissible.
12.6 Refunds will be considered a partial refund at all times.Administration fees as well as transaction processing fees are non-refundable for us and will be deducted at the customer’s expense from the purchase amount for which a refund is requested.
12.7 The usufruct of the locker reserved by the end user is for the account of the end user.Unused days in a reservation period for which a reservation was previously recorded will never be refunded.
12.8 We reserve the right to refuse a refund if it does not meet the above conditions.
CONDITIONS OF USE LOCKERS AT FESTIVALS/EVENTS
The agreement with Mobile Locker, which is exclusively governed by Belgian law, comes into effect as soon as the user has taken the locker into use.The user is obliged to comply with the written and/or verbal instructions for use regarding the lockers.
No valuable, dangerous or harmful items may be stored in the lockers.Mobile Locker is in no way responsible for the contents of the locker, nor for its monitoring.
The use of a locker is always at your own risk; Mobile Locker cannot be held liable for theft and/or damage, except in the event of intent or fraud on the part of Mobile Locker.Should a final court judgment rule that Mobile Locker is liable for damage/theft, Mobile Locker’s liability will be limited to the refund of the amount owed by the customer to Mobile Locker pursuant to the use of the lockers.
After the expiry of the period of use, the lockers will be emptied and the contents retained by Mobile Locker.If the contents are not claimed by presenting a valid ID and a description of the contents within the one-week period, the contents will be handed over to the police or kept by Mobile Locker for 1 month.
MOBILE LOCKER NV
KBO 0643 621 922
Nijverheidsstraat 94, 2160 Wommelgem, Belgium