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Terms and conditions
1. General description
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MULTIVISION SCREENS is a private limited liability company under Belgian law, with its registered office located at 5030 Gembloux (Belgium), Rue du Stordoir, Sauv. 67, registered with the Crossroads Bank for Enterprises under number BE0476.887.731. These General Terms and Conditions of Sale ("GTC") apply as a supplement and exclusively to the entire collaboration between the Parties.
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2. Quote
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The quote is prepared by MULTIVISION SCREENS based on the information provided by the Client and is subject to these GTC. Unless otherwise indicated, the estimate is valid for three months from the date of communication to the Client.
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3. Contract formation
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Upon acceptance of the estimate or purchase order by the Client through their signature, the contract is formed between the Parties, and the Client expressly and fully adheres to MULTIVISION SCREENS' GTC attached, irrevocably waiving any reliance on their own general terms and conditions.
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4. Project modification and validation
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Any order placed is irrevocable, except for express contrary acceptance by MULTIVISION SCREENS. Any work to be carried out urgently or under special conditions is considered an additional order and is not subject to the conditions of the initial price quote. In such cases, MULTIVISION SCREENS reserves the right to modify its prices and conditions. The Client also agrees to reasonably exercise their right to request corrections or adaptations to the presented projects and drafts and to group them as much as possible. Unless exceptional circumstances or recurring and substantial problems related to the quality of the projects, MULTIVISION SCREENS reserves the right, after express notification, to charge for all additional services from the third correction requested by the Client. Any additional modification not included in the purchase order will be the subject of a new price quote. Any validation of the various stages of the realization process is final and irrevocable, and the Client waives any subsequent claims except in the case of non-compliance of the delivered result with the projects annexed to the validation requests. In case of final refusal by the Client of the final versions of the designed elements, MULTIVISION SCREENS reserves the right to consider this circumstance as an early termination of the Contract by the Client and to apply the sanctions provided herein.
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5. Rates and invoicing
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The various rates and prices are those indicated in the estimate or purchase order. MULTIVISION SCREENS reserves the right at any time to demand from the Client, upon first request, a guarantee or prepayment of the total price for the proper execution of its commitments, without further justification. MULTIVISION SCREENS reserves the possibility to revise the rates at any time, depending on, among other things, the unforeseen and entirely independent evolution of the prices of raw materials or the cost of various external service providers. MULTIVISION SCREENS undertakes to notify the Client in advance and to justify the observed increases. The invoices are issued in euros and are issued at the time of delivery of the products to the Client. However, MULTIVISION SCREENS reserves the right to establish a deposit of 30% to 50% of the sales price. Invoices are payable in cash in Gembloux no later than eight days after the date of dispatch, and the payment of the invoices is without prejudice to previous invoices or any outstanding account. If the invoices remain unpaid forty-five days after the due date, they will be automatically increased by 15% as a late payment indemnity, in addition to legal interest, with a minimum of €38. The ordered goods, even when delivered, remain the exclusive property of MULTIVISION SCREENS until the full payment of all claims it has against the Client.
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6. Deadlines
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The deadlines indicated for the execution of the work or the delivery of the final product start on the first working day following the receipt by MULTIVISION SCREENS of the acceptance of the offer by the Client. However, these deadlines are purely indicative, and MULTIVISION SCREENS endeavors to inform the Client as quickly as possible of any overrun of deadlines. When reasonable, exceeding the deadlines cannot engage the liability of MULTIVISION SCREENS, and the Client irrevocably waives to hold it accountable for this reason and to seek the resolution of the Contract or damages. Delays attributable to the Client or force majeure never engage the liability of MULTIVISION SCREENS. Any unreasonable overrun of the deadline attributable to force majeure as defined above authorizes each of the two Parties to request the resolution of the Contract for the part that has not yet been executed by MULTIVISION SCREENS but without granting the Client any right to any compensation. The works already carried out by MULTIVISION SCREENS, as well as the investments specifically made for their realization, will be invoiced to the Client.
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In case of termination by the Client for unreasonable overrun of the deadline exclusively due to the fault of MULTIVISION SCREENS, the Client is authorized to claim compensation for the damage caused by this delay, without, however, this compensation exceeding 5% of the total amount mentioned in the estimate.
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7. Production : delivery and transfer of risks
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Any indication of delivery time is purely indicative. In case of failure to fulfill the obligation to deliver the product at the time agreed with the Client, the latter can instruct MULTIVISION SCREENS to make the delivery within a reasonable additional period, adapted to the circumstances, under penalty of terminating the contract. The liability of MULTIVISION SCREENS cannot be incurred for any fault, including gross negligence, but rather for fraud, without prejudice to the right of MULTIVISION SCREENS to act in intervention and warranty against its possible suppliers and subcontractors. Furthermore, products and goods travel at the risk and peril of the Client, even when they are deliverable Franco. It is the responsibility of the latter to make all reservations with the carriers if necessary.
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8. Production : warranty, disputes and claims
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Claims for non-compliance of the product delivered compared to the order must be addressed, by registered letter, as soon as possible and at the latest within five working days from the delivery or availability. In this case, the Client authorizes without restriction MULTIVISION SCREENS to take back the goods delivered at the first request. In the absence of a valid dispute within the deadline, the delivered product will be considered accepted without reservation, and all subsequent claims for defects (apparent or hidden), non-compliance, missing products will be inadmissible. MULTIVISION SCREENS cannot be held liable for hidden defects unless the Client denounces the defect within three months of delivery and proves that this defect existed at the time of delivery and was known to MULTIVISION SCREENS. Furthermore, products marketed by MULTIVISION SCREENS are covered by a two-year warranty covering parts and labor, as well as all components, except projection screens. This warranty is expressly limited to the repair or replacement of parts affected by a duly proven and checked hidden defect (not resulting from user mishandling), excluding all other costs, including transport costs.
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9. Assembly
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The Client must provide minimum access conditions to the construction site, which must be free of obstacles and clear. Access must be easy. Difficult-to-access installations or those located on floors allow MULTIVISION SCREENS to charge a supplement. The premises must be clean, and the minimum temperature is 22°C. Otherwise, MULTIVISION SCREENS cannot be held responsible for delays, and all resulting additional costs may be invoiced to the Client.
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10. Intellectual property and confidentiality
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The parties undertake, for the entire duration of the contractual relationship and after its expiration for any reason whatsoever, to respect the intellectual rights and know-how of MULTIVISION SCREENS, as well as utmost confidentiality. They refrain from reproducing or disclosing, directly or indirectly, any information, knowledge, or know-how to which they may have had access in the execution of entrusted projects, including the client's history and trade secrets, unless such information, knowledge, or know-how has fallen into the public domain, or its disclosure is necessary under a specific regulation or administrative or judicial injunction. The Parties undertake to enforce this obligation by all their collaborators, whether internal or external, regular or occasional. During the execution of the project, the Client also refrains from contacting the suppliers and subcontractors of MULTIVISION SCREENS directly for the purpose of contracting with them and entrusting them with the execution, in whole or in part, of the projects entrusted or suggested by MULTIVISION SCREENS.
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11. End of contract
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The sale is deemed completed from the moment the product defined in the Price Quote has been completely delivered, and the Client has not raised disputes within the deadlines and conditions specified herein. The Client wishing to terminate the Contract before the end of the work must notify MULTIVISION SCREENS by registered letter within fourteen days from the conclusion of said contract, in accordance with the provisions of the Economic Law Code.
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12. Applicable law and competent courts
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The relations between MULTIVISION SCREENS and the Client are exclusively subject to Belgian law. In case of a dispute between the Parties that cannot be resolved through amicable conciliation or mediation, only the commercial court of Walloon Brabant, sitting in the French language, is competent.