General terms and conditions

Article 1. Application

These terms and conditions apply to all requests and/or assignments to DJayGEAR, and to all work performed by or on behalf of DJayGEAR. These terms and conditions prevail over the conditions of other parties. These terms and conditions may only be deviated from after prior written consent from DJayGEAR.

Article 2. Agreement

DJayGEAR is only bound to written agreements that have been signed by an authorised member of the board. Arrangements or agreements with subordinates do not bind DJayGEAR in any way.

Article 3. Delivery periods

Agreed (delivery) periods are always approximate. DJayGEAR will make every effort to perform within these periods; if, however, DJayGEAR should fail to do this, this will not release the other party or parties from their obligations.

Article 4. Quotes

All offers (information, quotations) made by or on behalf of DJayGEAR are without obligation, both in terms of prices quoted and in terms of the possibility of delivery or execution, except for written offers that include a validity period.

Article 5. Prices

Unless stated otherwise, all amounts are exclusive of VAT.
Prices are subject to change under all circumstances. If an agreement has already been concluded, the price increase may only be based on a cost-increasing factor that arose after the agreement was concluded.
DJayGEAR is entitled to charge the other party for additional work. For less work, the rules regarding cancellation apply (see Article 6).

Article 6. Cancellation

Unless otherwise agreed in writing, cancellation of agreements in which the other party acts as buyer is not possible. In any other situation, cancellation by the other party is only permitted after payment of the following compensation to DJayGEAR:

Cancellation up to 30 days before the start: 10% of the principal sum
Cancellation up to 7 days before the start: 50% of the principal sum
Cancellation up to 24 hours before the start: 75% of the principal sum
Cancellation within 24 hours before the start: 100% of the principal sum,

all this on the understanding that all external costs will always fully be charged on to the other party.

Article 7. Payment

Unless otherwise agreed in writing, all payments by the other party shall be made in cash or by bank transfer to DJayGEAR within 14 days after the invoice date, without any deduction or setoff. In the case of late payment, the amount will be increased by collection costs and 1% interest per month.
If the other party’s bankruptcy or a suspension of payments has been applied for, or in the case of liquidation, the other party's obligations will become immediately due and payable.
If an other party is behind on (part of) its payments, the entire amount owed to DJayGEAR will become immediately due and payable; this also applies to invoices that are not yet due at that time.
DJayGEAR is entitled to demand a deposit, an advance payment or a security for payment from a client at any time, without stating reasons.

Article 8. Complaints

Complaints about our products and/or services shall be made by registered letter within 30 days after delivery of the product or performance of the service. If this period is exceeded, all claims will lapse.

Article 9. Liability

DJayGEAR is only liable for damage, from whatever cause, if and insofar as there is intent or gross negligence on the part of DJayGEAR and/or its managers.
DJayGEAR excludes its liability for all forms of indirect damage, trading loss and consequential damage.
DJayGEAR limits its liability to the amount paid out by its liability insurance plus the excess. Should DJayGEAR’s liability nevertheless exceed this amount, it limits its liability to the amount of the value of the agreement concluded between the parties, up to a maximum of € 15,000.
DJayGEAR only provides non-binding advice. DJayGEAR is never liable for the content and/or consequences of its advice, except in the case of intent or gross negligence on the part of DJayGEAR or one of its managers.
DJayGEAR is not liable for damage caused by the conduct of any third parties engaged by it, their staff or suppliers.
The aforementioned restrictions may also be invoked by staff members and suppliers of DJayGEAR.
If a less far-reaching restriction than the one set out above is permitted by law, that less far-reaching restriction shall apply.

Article 10. Force Majeure

In these general terms and conditions, force majeure means: Any circumstance beyond the control of DJayGEAR that permanently or temporarily prevents performance of the agreement. This includes in any case default of suppliers of DJayGEAR, transport difficulties, wars, uprisings, fire, burglary, and other serious disruptions at DJayGEAR.
In the event of force majeure, all DJayGEAR’s obligations are suspended. If the force majeure situation lasts for more than 30 days, both parties will be entitled to terminate the agreement without any obligation to pay compensation. If DJayGEAR had already performed part of its obligations before the force majeure situation occurred, or if DJayGEAR can only perform part of its obligations due to the force majeure situation, the other party will be obliged to pay the amount proportionate to this part.

Article 11. Rental conditions

If DJayGEAR acts as a hire company, the rental conditions stated in this article will be part of the DJayGEAR's general terms and conditions:

Prices quoted are ex warehouse and exclusive of transport, insurance, and personell.
The hirer will only use the rented equipment/items for their intended purpose and with due care.
During the rental period, the hirer is fully responsible and liable for all damage to the rented item. Damage includes, but is not limited to: damage (also due to improper use), theft, loss, fire etc.
Without permission from DJayGEAR, the hirer is not allowed to make any changes or repairs or have them made to the rented items. Any damage arising therefrom during or after the rental period will be fully at the hirer’s expense.
The rented items never become the property of the hirer. The hirer is not permitted to transfer the rented equipment/items to another person in any way or encumber them with a (limited) right.
The hirer guarantees that the rented equipment/items will be returned at the agreed time and place. Equipment/items not returned on time or at the correct location will be deemed to have been rented out to the hirer for a period of 1 day every time, at 200% of the normal daily rate. All this without prejudice to the other party's obligation to compensate the actual damage suffered by DJayGEAR due to the failure to return the equipment/items on time.
The hirer authorises DJayGEAR to retrieve all equipment/items not returned on time from any location. The associated costs will be borne by the hirer.
Subrenting is not permitted without prior written consent.
DJayGEAR may ask the hirer for identification and/or establish and record the identity of the hirer in some other way.

Article 12. Conditions of sale

If DJayGEAR acts as a seller, the conditions of sale stated in this article will be part of DJayGEAR's general terms and conditions:

Delivery and risk transfer of the products takes place ex warehouse.
If the buyer refuses a delivery without good cause, this does not release him from his obligations. DJayGEAR will hold the items for the buyer for a maximum of 2 months. After expiry of the 2-month period, DJayGEAR is entitled to sell the items to a third party. DJayGEAR is entitled to charge any storage costs to the buyer.
All items sold by DJayGEAR are delivered under retention of title. All items delivered to the buyer remain the property of DJayGEAR until such time as all current and future claims of DJayGEAR (if any) under any existing and/or any future agreement for delivery or services have been fully paid by the buyer.
Until such time as the buyer has paid the full purchase price to DJayGEAR, the buyer is not entitled to transfer ownership of the items, as security or otherwise, and is only entitled to use the equipment/items in the context of its normal business operations. This right of use ends when the purchaser is declared bankrupt or is granted a suspension of payments.
If the buyer fails to meet his payment obligations, DJayGEAR will be entitled, without notice of default or judicial intervention, to repossess the delivered equipment/items at any location and to terminate the purchase agreement. The buyer is obliged to cooperate in this and to compensate DJayGEAR for any damage.
Any warranty only applies if this has been expressly agreed in writing. The buyer may only invoke the warranty after payment of the full purchase price to DJayGEAR. DJayGEAR only supports the manufacturer's warranty, unless explicitly agreed otherwise in writing.

Article 13. Production conditions

If DJayGEAR acts as a provider of audio-visual productions, the production conditions stated in this article will be part of the DJayGEAR's general terms and conditions:

Workplace means: the place where DJayGEAR actually carries out its work.
The client shall ensure an adequate and properly functioning power supply at a distance of no more than 20 metres from the workplace. DJayGEAR is never liable for damage caused by a faulty power supply.
The client only warrants that the equipment/items provided by the client is suitable for the number of persons stated on the order confirmation.
The client shall take account of the set-up and dismantling times stated in the offer and in the absence of these, give DJayGEAR at least one hour to set up and dismantle equipment.
The workplace shall be at ground level, accessible via a paved surface and accessible by a transport van up to a distance of 50 metres, unless otherwise agreed in writing.
The client shall ensure adequate, safe and free parking spaces at a distance of no more than 50 metres from the workplace.
The client is responsible for payment of all necessary Buma/Stemra rights/contributions and similar payments.
The client guarantees a safe workplace.
If the client fails to fulfil any of the obligations stated in this article, DJayGEAR will be entitled to refuse its services and/or to suspend or even discontinue its work, while the payment obligation for the client remains unchanged.

Article 14. Termination and suspension

If the other party does not, not adequately and/or not timely fulfil one or more of the obligations in the agreement concluded with DJayGEAR or these general terms and conditions or if there are serious doubts as to whether the client will be able to fulfil its obligations, as well as in the case of bankruptcy, suspension of payments, liquidation, shutdown and/or corporate takeover, DJayGEAR will be entitled, without notice of default or judicial intervention, to suspend performance of the agreement to the extent it has not yet been performed, or to terminate the agreement in whole or in part, without DJayGEAR being obliged to pay any compensation and without prejudice to the rights of DJayGEAR, including the right to compensation for the damage suffered as a result.

Article 15. Disputes

All relations between DJayGEAR and the other party will solely be governed by the law of the Netherlands. Disputes between the DJayGEAR and the other party will be submitted to the competent court in Utrecht.

Article 16. Severability

Each provision of these general terms and conditions shall be interpreted separately. If one or more provisions of these general terms and conditions are declared null and void or annulled by the court, this will not affect the validity of the remaining provisions. Should a provision be inapplicable, the parties will draw up a new provision in the light of the other articles, which provision will be as close as possible to the original provision.