TERMS AND CONDITIONS

Services

Our services generally consist of entertainment and sound reinforcement, in the broad sense, for various activities and events of a festive, promotional, event, family, professional, social or community nature. The specific assignment requested from us is described in more detail in the order form.

Excluded from our offers

Unless otherwise stated, our offers do not include catering for staff during set-up, service and dismantling, parking fees, government taxes for heavy goods vehicles, Sabam and fair remuneration (Rémunération équitable) fees, or any complaint from the neighbourhood, nor checks by a design office and/or an external inspection (BTV, CIB, fire brigade, architects, etc.). Falc'Ohm System ASBL reserves the right to invoice these costs related to the service if the client has not covered them itself. Furthermore, the client is responsible for having inspections carried out by an external body if needed.

Equipment hire

We also hire out sound equipment and accessories. This equipment hire may take place either as part of a service contract or on its own. In the latter case, a specific delivery note is issued to the CLIENT when the CLIENT takes possession of the equipment.

An order can be confirmed by email. Once the job is confirmed, please pay a deposit of 50% of the order to the account BE02 0689 4320 9940. Confirmation of the order constitutes firm and final acceptance of our offer and entails the CLIENT's acceptance of these terms and conditions. By signing the order form, the CLIENT also undertakes to pay us a deposit of at least 50% of the value of the order. Our offer only gives the price of the listed equipment and in no way guarantees its availability until the order is complete. Falc'Ohm System ASBL reserves the right to require a personal and joint guarantee for the confirmation of any order. The signatory or signatories will be jointly committed to the solvency of their company, non-profit or association with regard to the order placed with Falc'Ohm System ASBL.

The CLIENT has the right to withdraw from the performance of an order placed with us. In that case, the CLIENT will owe us a fixed, contractual and non-reducible compensation of 30%, 50% or 100% of the value of the order respectively, if the cancellation takes place more than 30 days, between 29 and 5 days, or less than 5 days before the date of performance, without prejudice to any other damages. This compensation is not due under a penalty clause but is the contractual consideration for the CLIENT's option to cancel the order.

We remain the owners of the hired equipment at all times. The CLIENT becomes the custodian of the equipment from the moment it takes delivery of it. The CLIENT is liable for any damage to or loss of equipment until the equipment is returned. The CLIENT acknowledges having received the hired equipment in perfect working order, with all its accessories where applicable, and undertakes to return it with its accessories in the condition in which it was delivered. Any complaint must reach us within 3 hours of receipt of the equipment, failing which it is time-barred. In the event of a failure of the hired equipment, our liability is limited to compensation of at most 15% of the hire price, except in the case of fraud or gross negligence on our part.

Use of the equipment

The client must use the equipment with the care of a prudent person, taking its maximum load capacity into account, and will ensure that the equipment suffers no damage. Damage resulting from improper use will always be borne by the client. Any loss, theft or deterioration of the hired equipment or its accessories engages the liability of the CLIENT, who will be invoiced for any replacement costs (at the price of new equipment) or repair costs. The CLIENT must take out insurance covering the risks of loss, theft or repair that will be invoiced. The amount of cover of the insurance taken out by the client may not be less than € 5000. Where the client provides Falc'Ohm System ASBL with staff to carry out a service, those staff remain under the client's cover. Should they be too few or unsuitable to carry out the requested service, Falc'Ohm System ASBL may call on its own technicians without notice, and the additional labour will be borne by the client. In the case of hire, the equipment must be returned clean, with the cables coiled and taped. The equipment is supplied in good working order; should the client nevertheless notice any defect or shortcoming, the client must report it to us immediately in writing or by email at contact@falcohmsystem.com. Failing this, the equipment will be considered as delivered and in good working order. Where applicable, the required cleaning and repairs are invoiced. For hire or services, any damaged drape is charged as sold.

Outdoor use

The client must provide the necessary protection in the case of outdoor use (control desk, stage and stacks covered, electrical board). In bad weather, Falc'Ohm System ASBL cannot guarantee that the equipment will work perfectly. In the event of any danger to the safety of people and/or equipment, Falc'Ohm System ASBL may make the necessary changes (powering down, changing the layout) without notice, and the client bears any damage and/or deterioration caused to the equipment if it does not have adequate protection. Unless specifically agreed before the service, equipment not used for safety reasons remains chargeable to the client.

For hire on its own, the CLIENT is responsible for collecting and returning the hired equipment. The hired equipment travels at the hirer's own risk. The hired equipment must be collected from and returned to us on the dates and at the times given by email. Any delay in collecting the hired equipment automatically leads to the period of delay being invoiced at the full rate, per indivisible day. Any equipment not returned on the agreed date automatically extends the period of use and increases the hire costs accordingly, with a 30% surcharge. In case of delay, please inform your contact immediately.

It is expressly agreed between the parties that the goods delivered remain the property of the non-profit Falc'Ohm System until their price has been paid in full. In the event of non-payment, Falc'Ohm System ASBL may claim a hire fee for the equipment from the moment it was delivered until it has been paid in full.

Projects, studies, plans and quotes produced at the client's request remain the property of the non-profit and may not be reproduced, carried out or communicated in any way whatsoever without its prior written consent. If the client carries out, or has a third party carry out, a project designed by the non-profit, the client will owe it the total amount of the quote drawn up for that project, as fixed and non-reducible compensation and without prejudice to any additional damages. Taking photos or videos, live or through a subcontractor, during a service managed by Falc'Ohm System ASBL or carried out for Falc'Ohm System ASBL by a subcontractor is strictly prohibited without prior written consent. All images remain the property of Falc'Ohm System ASBL and their use requires its prior consent. Anyone photographed by Falc'Ohm System ASBL, whether facing the camera or not, may ask for their photo to be removed by written request.

Our invoices are payable upon receipt by the CLIENT. The amount of invoices not paid within fifteen days of their due date will automatically, and without formal notice, be increased by a fixed and non-reducible compensation of 15% of that amount, with a minimum of € 150. In addition, any amount not paid by the due date will automatically, and without formal notice, bear interest at 12% per year from the date it became payable.

No complaint of any kind will be accepted unless it meets the following conditions: sent by registered letter to the registered office of our non-profit, within 8 calendar days of the invoice date.

In the event of a dispute, the courts of Brussels have exclusive jurisdiction. Belgian law applies. In the event of a dispute over the interpretation of contracts, the official text is the French one.