Terms and conditions

General scope of the terms and conditions 

1. The present terms and conditions contain and govern the entire agreement between the customer and our company with regard to all of the service and/or goods deliveries requested by us or entrusted to us. The present terms and conditions shall be deemed to have been irrevocably accepted upon acceptance by the customer of the purchase order, quote or agreement, unless the customer has expressly and unambiguously disputed them (i.e. not by means of general terms and conditions) at the latest when the customer accepted the order. All and any derogations from the present terms and conditions must be laid down in writing. 

2. The general terms and conditions of our company rule out the application of the general terms and conditions of the customer, even where the latter are more recent, unless expressly agreed to in writing by our company. Should the customer's general terms and conditions nevertheless have been accepted, both general terms and conditions should be deemed to form part of the contract, except for the incompatible clauses. 

3. The Dutch text of the present terms and conditions shall prevail over all and any sworn or uncertified translations thereof. 

Permits 

4. The customer shall be responsible for obtaining the required permits as well as due compliance therewith. 

5. The customer shall defend, indemnify and hold our company harmless against claims from third parties or against fines, which are the result of not having a required permit or not correctly or fully complying with the obligations, restrictions or guidelines set out in a permit. 

Pricing and review 

6. Our quotes are valid for 7 days counting from the date on which the quote was raised. 

7. The price stated in the quotation is transportation excluded, unless otherwise stated. 

8. Facilities or arrangements imposed by the safety coordinator and prevention advisers as well as any risk analyses are not included in our quote, unless stated otherwise. The customer shall assume full responsibility in this respect and make the necessary arrangements himself. 

9. The offer also does not include the additional works as defined in Article 14. In view of the nature and circumstances of the aforementioned additional works, the price of these additional works will be determined at our firm's discretion by lot decision. This pricing will take into account the last minute nature and consequent (i) additional and more expensive man-hours, (ii) ad hoc administration and (iii) higher hiring or opportunity costs for our firm, as defined in Article 14. 

10. Additional works will be invoiced as soon as possible. A separate invoice will be prepared for the additional works. 

11. Our prices are specified exclusive of VAT. 

Offers, availabilities and reservations 

12. All quotes raised by our company are to be considered as non-binding price quotes and are subject to the availability of the equipment offered, unless it is stated in writing that the equipment shall be kept available as an ‘option’ for the customer until a particular date. Beyond this date, the customer shall no longer be able to lay claim to the use of the equipment quoted. 

13. As soon as the customer confirms a quote or offer, we shall check the availability of the equipment and send a confirmation of the equipment set aside for the customer. 

Scope of the assignment – additional work 

14. When operational employees of our company first go on site to perform the services, it is possible that due to additional requests from the client or unforeseen circumstances (such as missing facilities, or non-functioning equipment, etc), the scope of the task described in the quotation has to be extended and additional works (including with additional materials) have to be carried out. Such practice is peculiar to the industry. These additional works have a last-minute nature and this results in (i) additional and more expensive man-hours, (ii) additional administrative costs and (iii) higher hiring or opportunity costs for our firm. Our firm, through the project manager, will discuss the extent of these additional works as much as possible in advance in the field with one of the client's appointees. However, our firm reserves the right, at its discretion, to perform any necessary additional works required to carry out tender and allow the event to commence, and in that context take all necessary measures and incur costs at the client's expense so that the works can be carried out in a safe manner. 

15. It is the customer's duty to have an appointee of his on site at all times during the execution of the works to help monitor the works, and be available for questions. The customer acknowledges that due to the last-minute and often unforeseen nature, these additional works cannot always be recorded in writing as the project manager concerned is on site with no or poor connection to the company's IT systems, or the time constraints of the project do not allow for another quotation. It is for this reason that it is the client's duty to follow up on the additional works and protest them in writing at the time of execution if he does not agree. The written protest of these works is only valid if sent by e-mail within 24 hours and always at the latest before the start of the event to the address: eline.laermans@lustforlive.eu. If an offer was delivered for the additional works, in the event of the customer's non-agreement, it must be contested in the same way and within the same time limits as described in this article. 

Confidentiality 

16. Offers and quotes, as well as CAD drawings, designs, diagrams, models, computer programs and calculations made by us shall be the property of our company and may not be passed on to third parties or disclosed for consultation without our express written permission. 

Deliveries and deadlines 

17. The delivery and fulfilment lead times are provided only by way of information and are not binding on our company. Delays in delivery and/or fulfilment do not entitle the customer to compensation nor to the dissolution of the agreement. 

18. Our firm has the right to suspend deliveries and works yet to be carried out at any time and to cancel the works already carried out if the Customer or an affiliated company has any due debt, whether disputed or uncontested, towards the firm, and this both prior to and during the event, even if as a result the event cannot take place or has to be stopped. Our firm also has the right to refuse other orders from the Customer or any of its affiliates. 

19. The resumption of suspended works leads to additional costs as the man-hours foreseen could not be performed but still have to be paid by our company. Consequently, the resumption creates additional man-hours. These costs will be determined by the firm by way of subsequent calculation. Cancellation of the work by the company due to late payment by the customer will be at the expense of the customer and will automatically make the full amount of the offer due and payable as well as all additional costs already incurred and normally included in the subsequent calculation. 

Guarantees joint liability 

20. In accordance with Article 14 of the Financial Collateral Act, the Firm shall have the right, but not the obligation, to apply set-off at any time between (i) amounts owed or allegedly owed by Customer or any of its affiliates to the Firm (including the Firms' affiliates) and (ii) the amounts owed or allegedly owed by the Firm (including the Firms' affiliates) to Customer or any of its affiliates on any account and even in connection with other contracts. 

21. Each agreement is entered into subject to the suspensive condition that the customer appears to be sufficiently solvent for the financial performance of the agreement. 

22. If our company's confidence in the customer's creditworthiness is shaken by late payment or non-payment, by court-ordered enforcement against the customer and/or demonstrable other events which call into question and/or make it impossible for our company to maintain our confidence in the proper performance of the obligations entered into by the customer, our company reserves the right to demand suitable guarantees from the customer as a condition for the further performance of the agreement, if necessary. 

23. The customer is jointly and severally liable for all present and future debts of the companies with which the customer is affiliated within the meaning of Article 1:20 of the Companies and Associations Code. 

Sub-contracting 

24. Our company reserves the right to call on the services of third parties to fulfil a delivery or an order. 

25. The customer is to notify us in writing where he intends to use the services or equipment supplied by our company in co-productions staged in association with one or more third parties. The customer is the sole party liable vis-à-vis our company for the full performance of the agreement. 

Unauthorised use 

26. The customer is not permitted to use the equipment made available and/or hired out to him by our company for any purposes other than those for which it was made available, (such as manipulating, extracting or repairing them) to rent out said equipment to third parties, or to cede, pledge, encumber or alienate said equipment in any other manner, whether for payment or otherwise. In the event of infringement of this ban, our company shall be within its rights to terminate the agreement with immediate effect, without any notice of default or intervention from the courts and to repossess the equipment made available. To this end, the customer hereby authorises our company to enter its buildings and premises for this purpose were the above situation to arise. 

27. Unless notified by the customer upon delivery, the materials are deemed to have been delivered in perfect condition. The customer shall make responsible and reasonable use of the equipment and return it to our company at the end of the agreement in the same condition as it was received. 

28. Where third parties assert rights over equipment made available and/or hired out, the customer shall be under obligation to inform our company of these claims in writing without delay. 

Security measures 

29. As long as the rented equipment remains under his supervision, as well as during the production period (this is the entire period during which the equipment remains at the event location; i.e. from the start of setting up until the end of dismantling the installation), the customer is to ensure sufficient security measures against fire, weather conditions (in particular rain), vandalism and theft. At a minimum, the said security measures shall consist of appropriate permanent (night-time) surveillance and/or a properly sealed building and adequate fencing and security to the materials during production. The customer is responsible for preventing the materials from becoming soiled during the production period, by sprays, confetti, fog and smoke, among others, and will be charged any cleaning costs. 

30. In all cases and without exception, even if the equipment is under the supervision of our company employees, it is the customer who is liable for all damage resulting from loss, theft or other damage during the rental and/or production period. 

Insurance 

31. The customer is to ensure that the work area is appropriately insured before work begins. 

32. As long as the customer is in possession of the rented equipment, the customer shall be liable for all loss, theft of or damage caused to the rented equipment. As such, the customer is to take out appropriate insurance cover against these risks. If required, please request the value to be insured from our rental advisers. 

Theft, loss and damage 

33. The customer is to immediately report all and any instances of theft or loss of or damage to the equipment, by way of a detailed written report. In addition, in the event of theft or damage to our property as a result of wilful vandalism, the customer is to immediately report this to the police of the location where the theft took place or the damage to property was caused and provide our company with a copy of the official police report. 

Liability for damage 

34. The customer acknowledges that he has been sufficiently informed of all information including instructions for use and maintenance in respect of the services and goods/equipment that are the subject of the present agreement. 

35. On no account shall our company be liable for defects of any kind in goods and equipment supplied by the customer, its sub-contractors, mandated agents or appointees. The provisions of articles 1643 et seq. of the old Civil Code on hidden defects in items sold shall not apply, with the exception of article 1648 old Civil Code. 

36. On no account shall the destruction of or damage caused to the equipment supplied or the work carried out by accident or force majeure, or due to the customer's own fault or that of persons for whom he is responsible or whom he allows or tolerates, come at our company's expense. 

37. Our company shall not be under any obligation to pay any kind of compensation in the event of minor faults, nor for damage resulting from defects that were intrinsically present in the room where the installation was set up and used or resulting from incorrect information provided by the customer. 

38. Where the liability of our company were to be demonstrated, our liability shall be limited to the direct loss, to the exclusion of all indirect loss, such as (albeit not confined to) loss of profit, financial or commercial losses, loss of production, increase in general expenses, increased administration costs, loss or damage to data, loss of contracts, immaterial damage and loss of customers. 

39. It is expressly agreed that where the liability of our company is incurred, this liability shall be restricted to a reduction of the price or, as the case may be and at most, to a waiver of the outstanding payment, which the parties shall then accept in full and final settlement. Any reduction in price shall be determined based on the seriousness of the errors duly proved in the manner required by law. Where the customer is a private consumer, this provision shall not apply in the event of bodily injury sustained by the consumer or his death due to a fault of the company. 

40. Where our company is found to be liable on account of an attributable shortcoming, the compensation shall be limited to the applicable ceiling amounts of the professional liability insurance taken out by us, and in all cases to no more than the amount of the assignment in question. If, for any reason, no cover is provided by the professional liability insurer, liability shall be limited to no more than the quote amount of the most recently placed order or assignment. 

41. Our company waives all and any damage to third parties in accordance with art. 544 of the Civil Code and shall not be required to defend, indemnify or hold the customer harmless in such situations. 

Cancellation 

42. The customer may cancel a confirmed order or a quote only in writing with acknowledgement of receipt. In such a case, our company shall be within its rights to charge a cancellation fee, the amount of which shall be determined by the length of time between the date of receipt of the cancellation and the time when the rental period or production work would have commenced. 

Where this period is 30 to 8 working days, the cancellation fee shall be 50% of the total amount of the quote. 

Where this period is 7 working days or less, the cancellation fee shall be 90% of the total amount of the quote. 

Where the actual expenses incurred are higher than the cancellation fee, these expenses shall be passed on. 

43. The aforementioned remuneration is justified as the firm itself also used subcontractors that it has to compensate, as well as the materials that were to be used were hired or blocked in its own inventory, which meant that the firm did not bet on other assignments. 

Termination 

44. Upon termination of the order entrusted to us during the execution of the works, the customer shall be obliged to pay in full the tender, and in the absence of a tender: to pay in full the expenses actually incurred, the works already carried out, together with the materials and supplies already delivered. In addition, in such a case, the customer shall be required to pay our company a sum in compensation equal to 25% of the total order excluding VAT, with a minimum of 125 euros for the further loss of the order. If we break or cancel the agreement ourselves, or if the agreement is broken because of our actions or omission, the customer, insofar as he is a consumer, shall be entitled to the same compensation at our expense. 

45. Where the customer has ceased payment, has been declared bankrupt or has applied for court-supervised restructuring, finds himself in a state of insolvency (as applies in the case of negative equity, seizure of the customer's goods, court-ordered enforcement against the customer, etc.), our company reserves the right to unilaterally dissolve the agreement without notice of default, without being required to pay any kind of compensation, all of which without prejudice to our company's right to compensation. 

Complaints 

46. In order to be valid, all complaints must be sent in by registered letter to our company’s head office within 14 calendar days from the date of fulfilment or dispatch of the invoice, bill or cost statement. The invoice date is irrefutably presumed to be the date of dispatch of the invoice. In all cases and without exception, the unprotested payment of the invoice within the set period shall act as sufficient proof of the services provided. Proof of dispatch of the invoice shall be provided by our outgoing invoice book or inclusion in the VAT returns. 

Payment methods 

47. All invoices are payable in cash by bank transfer unless otherwise agreed. The 30-day payment term set out in article 4 of the Act of 2 August 2002 is hereby expressly declared to be inapplicable. 

48. Billing details must be passed on to our company ahead of the start of delivery of service(s). Billing details may be changed and/or added only during and after the performance of services subject to our company’s approval and payment of an € 85.00 administrative fee. 

Late payment, costs and sticking 

49. By operation of law and without notice of default or any other formalities, all debts payable by a customer left unpaid on the maturity date shall bear interest at a rate of 1% per month, counting from the maturity date until the date of receipt of payment in full, as well as a flat rate sum in compensation in the amount of 10%, with a minimum of 125 euros, over the principal sum due. Where our company were to exceed the fulfilment lead time, the customer shall be entitled to the same compensation to be paid by our company, insofar as the customer is a private consumer. Interest will be capitalised monthly. 

50. Where the customer fails to pay the invoice within the agreed term, all other amounts payable by the customer shall become instantly claimable in full and without further notice of default, even where some of the outstanding amounts or invoices are yet to mature, regardless of any payment facilities previously granted. 

51. The customer hereby acknowledges that late partial payments shall first be assigned to pay off interests, compensation and expenses payable by him. 

Pledge on claims 

52. By entering into the agreement, the customer pledges all his current and future claims and receivables against third parties, for whatever reason, in favour of our 

company, as security for all his obligations arising from his agreement(s) with our company. 

53. The customer agrees within the meaning of Article 11 of the Financial Collateral Act that the firm may use the pledged financial instruments in any manner as if it owned them. 

Retention of title 

54. Our company remains the owner of all goods delivered to the customer until the purchase price for all such goods and his other amounts due have been paid in full. 

55. As long as the title of ownership has not been transferred to the Customer, the Customer is not allowed to pledge the goods or services, or grant any rights thereto to a third party. 

56. The customer shall be under obligation to keep the goods delivered under retention of title with due care and as the recognisable property of our company. 

57. The customer shall be under obligation to take out insurance to cover the goods under retention of title against fire, explosion and water damage as well as against theft for the duration of the retention of title and to provide our company on first request with these insurance policies for inspection. 

58. Where the customer fails to comply with his payment obligations vis-à-vis our company or where our company has good reason to fear that he shall fail to fulfil these obligations, our company shall be within its rights to repossess the goods delivered under retention of title. 

59. After repossession, the customer shall be credited for the market value, up to, but no more than, the original purchase price, less the expenses incurred by and for repossession by our company. 

Nullity 

60. The nullity or unenforceability of one or several clauses of the agreement shall not entail the nullity or unenforceability of the remainder of the agreement. 

61. The void or unenforceable clauses shall be deemed to have been replaced by a legally valid clause or clauses that corresponds to the original intention of the parties and the spirit of the agreement, a as much as possible resulting in a similar economic result. 

Processing of personal data 

62. We collect and process the identity and contact details we receive from the customer, which relate to the customer himself, his staff, employees, appointees and other useful contact persons. The purposes for these processing operations are the performance of the present agreement, customer management, accounting and direct marketing activities such as the sending of promotional or commercial information. 

63. The legal bases pursuant to which we do so are the performance of the agreement, the fulfilment of statutory and regulatory obligations (such as the 30bis declaration of works, for instance) and/or the legitimate interest of our company. For direct marketing purposes by e-mail (such as a newsletter or invitations to events), the customer hereby also gives his express and free consent to our company to use his personal data. 

64. The data controllers are LUST FOR LIVE (L & L STAGE SERVICE bv), with registered office at 95 Eindhoutsebaan in 2450 MEERHOUT, with company number 0864.743.716, E: info@lustforlive.eu and QUES (DEMON NV), with registered office at 95 Eindhoutsebaan in 2450 MEERHOUT, with company number 0864.743.716, E 0441.174.509, E info@ques.rentals. The aforesaid personal data shall be processed in accordance with the provisions of the General Data Protection Regulation and shall be passed on to processors, recipients and/or third parties only to the extent necessary for the aforesaid processing purposes. The customer shall be responsible for the accuracy of the personal data he provides to our company and for keeping said data up to date. He hereby undertakes to strictly comply with the provisions of the General Data Protection Regulation vis-à-vis the persons whose personal data he has transmitted to our company, as well as in respect of all possible personal data he may receive from our company, our staff, employees and appointees. 

65. The customer hereby confirms that he has been appropriately informed about the processing of his personal data and about his rights of access, rectification, erasure and his right to object. For further explanation, our company expressly refers the customer to our Privacy Statement, as attached to the agreement in hand, which is available to be consulted on the website. The customer hereby confirms he has duly read said Privacy Statement and accepts its contents. 

Jurisdiction clause 

66. This agreement is governed by Belgian law. Each dispute shall be settled by the courts of Antwerp, Antwerp division, unless the most diligent party (the company or the customer) chooses to submit the dispute to the Arbitration Tribunal appointed by the Institute for Arbitration (www.euro-arbitration.org ), in accordance with the rules of arbitration SDR (Standard Dispute Rules). Once the choice is made by the most diligent party, the chosen body shall have exclusive jurisdiction. This provision replaces all conflicting jurisdiction clauses.. 

SPECIFIC TERMS AND CONDITIONS FOR PRODUCTIONS 

Applicability 

67. The present provisions apply to: all service agreements pursuant to which technical and/or creative and/or support activities are carried out by our company on behalf of the customer, whether or not in combination with the temporary provision of equipment on a rental basis or otherwise. 

Work situation 

68. The customer is to ensure that loading and unloading areas are easily accessible for our company’s (freight) vehicle(s) and are located in the immediate vicinity of the stage (max. 30 meters). Where the stage is further away or poorly accessible, meaning that our equipment cannot be taken to where it is required on castors (e.g. because of the presence of stairs, a lift or any other obstacle), the customer is to inform our company thereof at least 48 hours before the work is set to get under way. 

69. The customer is to provide the necessary parking permits both for loading and unloading as well as during the event and take care of all communications in respect thereof with local authorities and police services. 

70. Where the parking spaces during the event are not the same as those to be used for loading and unloading operations, a free passage must exist at all times between these parking spaces and the loading and unloading area. 

71. The customer is to ensure that the work situation is safe, that suitable extinguishing equipment is in place and that sufficient protection is in place against the weather conditions. 

72. The customer is to ensure that the works can be started immediately. The room, stage or marquee must be available to our company's staff before the start of the event and after it has ended. No members of the audience or unauthorised persons may be admitted to the said locations during these periods. 

73. The room or marquee must be heated to a minimum temperature of 15°C upon arrival of our staff. This minimum temperature must be maintained until the completion of the dismantling activities. 

74. The Customer is to provide the required power supply facilities, exclusively available to our company. No other installations may be connected thereto. Incorrect or faulty connections and poor power supply facilities may cause damage to our equipment, which the customer shall be required to pay for. The power grid must comply with international standard IEC 364 (AREI for Belgium). Our company waives all and any liability for consequences which may occur due to an IT network with distributed Zero conductor; consequences of extreme factors under abnormal circumstances (extraneous influences); consequences of a faulty earth installation; consequences of unduly high short-circuit power. Any local re-inspections by or requested by the organiser or venue manager are entirely at the expense of the customer. 

75. Where necessary, the customer shall be under obligation to make auxiliary and hoisting equipment available and make sure they are not occupied. 

76. The customer shall ensure that no work by third parties impedes or delays the progress of our activities. 

77. Direct and indirect expenses arising from non-compliance with points 70 through 78 shall be charged in full to the customer without prior notice of default. 

(Technical) staff 

78. The customer shall not be permitted to have the personnel provided by our company carry out any work other than that for which they were made available. The customer shall not be permitted to employ these employees at (an) other time(s) and place(s) than those agreed. 

79. The customer shall not be permitted to make the personnel made available to it available to third parties. 

80. The customer shall be under obligation to insure and keep insured its liability pursuant to article 1384 of the old Civil Code in respect of the employees made available for the time period that personnel is made available by our company. 

Work performance 

81. All services specified in our quotes or purchase orders are per diem rates. 

82. A day consists of two half-days sessions of no more than 5 hours each. Each started part of the day shall be accepted as to be billed in full. Any overtime over and above these two half-day sessions shall be charged at the hourly rate increased by 20% unless otherwise agreed. 

83. The parties agree that the work performed by personnel shall be carried out in accordance with Belgian labour law. Hours spent waiting, including those incurred as a result of delays on the part of the customer or other suppliers of the customer, during the performance of a service shall be considered to be hours worked during the performance of our services and shall on no account result in a reduction in the number of hours spent working in fulfilment of the order. 

Catering 

84. The customer is to provide drinks and meals by joint consultation where our company's crew performs a full day's work. Where a day job lasts longer than 8 hours, whereby hours are worked after 8 p.m., at least one of the meals offered must be a hot meal. Failing this, the customer shall be billed the meal costs at a price of 25 euros per employee per meal. 

Force majeure, weather conditions 

85. If, due to force majeure, weather conditions or any other reason, Client is unable to make all arrangements (such as, for example, setting up the stage, or placing cloths or roof against the line to protect the Firm's equipment) in a timely manner (in the sense that the Firm must be able to use its full scheduled set-up time without additional effort or cost), then the Firm shall have the right to refuse to perform the works without any compensation or price reduction, or at the Firm's discretion, to perform the works at an additional cost as that additional personnel will have to be provided. 

Supplementary nature 

86. The present terms and conditions of production of our company located in Meerhout are expressed in a practical formulation. In cases where the present terms and conditions do not or do not sufficiently provide clarity, our company's General Terms and Conditions shall apply. At your request, a copy shall be sent to you or you may download a copy from our website www.lustforlive.eu/www.ques.rentals. 

Jurisdiction clause 

87. This agreement is governed by Belgian law. Each dispute shall be settled by the courts of Antwerp, Antwerp division, unless the most diligent party (the company or the customer) chooses to submit the dispute to the Arbitration Tribunal appointed by the Institute for Arbitration (www.euro-arbitration.org ), in accordance with the rules of arbitration SDR (Standard Dispute Rules). Once the choice is made by the most diligent party, the chosen body shall have exclusive jurisdiction. This provision replaces all conflicting jurisdiction clauses. 

SPECIFIC RENTAL TERMS AND CONDITIONS 

Applicability 

88. The present provisions shall apply to all agreements in which our company makes equipment available to the customer on a rental basis or otherwise on a temporary basis. 

Offers, availabilities and reservations 

89. At all times, the customer shall himself be responsible for the selection of equipment that is rented; if certain equipment is not included in the order which is necessary for 

the operation of other equipment, in all cases this remains the customer’s responsibility, unless expressly agreed otherwise. 

Collection, returns and carriage 

90. Rental equipment must be collected by the customer from our company depot in Meerhout on the first day of the rental period from 12 noon, unless otherwise agreed in writing. 

91. Rental equipment must be returned by the customer to our company depot before 12 noon on the day following the last day of the rental period, unless otherwise agreed in writing. 

92. Early returns shall not entitle the customer to a refund or a reduction of the rental price. 

93. At all times, the transport of equipment is made to occur at the customer’s expense and risk. 

94. Where it has been agreed that our company shall take care of the transport of the equipment to and/or from the place of use, the customer must be present at the place of use in time to check and take receipt of the equipment or to hand it back to our company. The customer shall be billed for the time our company’s delivery truck/van and crew are left to wait. 

95. The time of delivery or collection to be specified ahead of time by our company, is a guide time which our company shall aspire to achieve as widely as possible. However, no rights may be derived from this by the customer and the customer shall be expected to remain at the agreed location until the equipment has been fully unloaded or loaded. The customer is to ensure that the loading / unloading location can be easily reached with the kind of vehicle that is customarily used for this transport. 

96. The equipment is to be transported in the same manner and returned in the same condition as it was supplied. That is to say: safely packed in the flight cases and/or transport trolleys supplied, accompanied by all accessories and properly cleaned with all dirt removed (drinks, mud, tape residue, etc.). All cables must be rolled up and bundled individually. All defective parts must be returned. The customer shall be billed all unreturned (broken) parts without exception. 

97. At the end of the rental period, the customer undertakes to return the rental equipment in the condition in which it was received. 

98. Upon return, the equipment shall be signed off as returned under reservation of damage or missing pieces of equipment. A damage/dirt check may take place up to 5 working days after return. The customer shall accept the damage/dirt check to be sufficient proof of the damage and/or missing pieces of equipment as established. If desired, the equipment inspection may be carried out in the presence of the customer. However, if the customer leaves the equipment without signing or refuses to sign off on the condition of the equipment as established, the burden of proof shall be reversed. 

99. Where damage is found to exist, the customer shall be informed in writing (by letter or by e-mail) of the repair or cleaning expenses. Where the customer fails to respond appropriately in writing within the set time limit, our company shall be free to irrevocably assume that the customer agrees with the estimate of the damage as communicated to him. In that case, and in order to limit the loss of use, our company shall be free to go ahead with the repair without further delay and recover the expenses from the customer on simple presentation of the repair or cleaning bill. 

100. Through the sheer fact of non-return on that date for whatever reason, or in case of damage to and/or contamination of the equipment, the customer shall be in default, without any reminder or notice of default being required. In that case, and without prejudice to his other obligations vis-à-vis our company, the customer shall be required to pay our company a sum in compensation equal to the rental price he would have had to pay for the number of days by which the agreed rental period is exceeded, increased by 50%, without prejudice to our company's right to full compensation for the loss it has incurred. 

101. The expenses incurred to repair the damage shall be netted with the security deposit. If the expenses exceed the security deposit paid, the customer shall be billed for the additional cost. The customer cannot derive any right to extend the previously agreed rental period from the present clause. 

Legitimation and authority 

102. The person coming to collect the rental equipment must identify himself by means of a valid driving licence, identity card or passport. Where the equipment is rented in the name of a company or another (legal) person, this person must also prove in writing that he or she is authorised to take receipt of the equipment on behalf of the said (legal) person. 

Security deposit 

103. When collecting the equipment, the customer shall be required to pay a security deposit. Said payment may be transacted in cash or in advance by way of a bank transfer. The amount of this security deposit shall be specified in the quote and is calculated by our company based on the rental amount due, the value of the rented equipment and the customer’s history. After the equipment has been returned, this security deposit shall be refunded to the customer, after deduction of the rental amount due as well as any damages. 

Delivery 

104. It is up for the customer himself to check whether the delivery is complete. By signing the delivery note or rental agreement "for receipt", the customer expressly confirms he has duly received all pieces of equipment ordered. If it should appear later on that certain pieces of equipment were not delivered, our company declines all liability in this respect. 

Malfunction reports 

105. In case of malfunctions of the rented equipment, the customer is to contact our company's on-duty officer. Outside of office hours he can be reached at +32(0)498882019. 

106. On no account shall malfunctions which the customer failed to immediately report to our technical support team entitle the customer to compensation or the crediting of rental sums in his favour. 

Seizure 

107. In the event of seizures [under civil or criminal law], the customer shall assert the rental contract and immediately notify our company. All damage, expenses or loss of the rented equipment resulting from a seizure or the exercise of any right of retention shall come at the customer’s expense. Needless to say the rent shall remain payable until the rented equipment is returned into our possession. 

Supplementary nature 

108. The present rental terms and conditions of our company located in Meerhout are expressed in a practical formulation. In cases where the present terms and conditions do not or do not sufficiently provide clarity, our company's General Terms and Conditions shall apply. At your request, a copy shall be sent to you or you may download a copy from our website www.lustforlive.eu/www.ques.rentals. 

Jurisdiction clause 

109. This agreement is governed by Belgian law. Each dispute shall be settled by the courts of Antwerp, Antwerp division, unless the most diligent party (the company or the customer) chooses to submit the dispute to the Arbitration Tribunal appointed by the Institute for Arbitration (www.euro-arbitration.org ), in accordance with the rules of arbitration SDR (Standard Dispute Rules). Once the choice is made by the most diligent party, the chosen body shall have exclusive jurisdiction. This provision replaces all conflicting jurisdiction clauses.