General Terms and Conditions
1. Applicability
These General Terms and Conditions apply to all quotations from Riddersma Events as well as to all agreements between Riddersma Events and a contractual partner, hereinafter referred to as: “the Counterparty”. In these terms and conditions, “the Counterparty” is understood to mean any lessee or buyer who has concluded or wishes to conclude a rental or purchase agreement with Riddersma Events, and their representative(s), authorized agent(s), and/or heirs. By placing an order and/or taking receipt of rented goods, the Counterparty is deemed to have tacitly agreed to these terms and conditions. The application of any terms and conditions used by the Counterparty is hereby expressly excluded. Unless proven otherwise in writing, the records maintained by Riddersma Events shall be decisive. Assignment conditions are established per agreement for the execution of assignments. For the standard terms and conditions, please see our website www.riddersmaevents.nl.
2. Offered
All quotations from Riddersma Events are non-binding and valid for 30 days from the date of the offer, unless stated otherwise in writing. Any data and price lists provided with an offer have been compiled as accurately as possible. They are only binding when expressly confirmed. All provided data and/or information are confidential and remain the (intellectual) property of Riddersma Events and must be returned upon first request. Riddersma Events reserves the right to implement construction, size, and/or material changes to provided data and/or images. Riddersma Events reserves the right to refuse requests and/or orders without giving reasons.
3. Agreements
Except as described below, an agreement shall only come into effect when an order has been expressly accepted or confirmed in writing or otherwise on behalf of Riddersma Events. The order confirmation is deemed to accurately and completely reflect the agreement. The authority of the representatives of Riddersma Events extends no further than is customary in this respect within the business of Riddersma Events. Deviation from the aforementioned authority is only permitted pursuant to an express written power of attorney; any subsequent additional (oral) agreements and/or promises made by or on behalf of Riddersma Events are only binding if expressly confirmed in writing. For work for which, due to its nature and scope, no offer or order confirmation is provided, the invoice also serves as an order confirmation, which is deemed to accurately and completely reflect the agreement. Unless proven otherwise in writing, the records maintained by Riddersma Events shall be decisive with regard to sections 3.1, 3.2, and 3.3. Every agreement is entered into subject to the suspensive condition that, in the judgment of Riddersma Events, the counterparty proves to be sufficiently creditworthy for the financial fulfillment of the agreement. Riddersma Events reserves the right, upon entering into the agreement and prior to (further) performance, to require the other party to provide assurance that all payment and other obligations will be met. Riddersma Events reserves the right, at its discretion but if necessary in consultation with the other party, to engage third parties for the execution of an agreement, the costs of which will be passed on to the other party in accordance with the provided offer.
4. Delivery and return upon rental
Unless otherwise agreed, the counterparty must collect the rented goods from Riddersma Events itself and return them upon termination of the rental period. The delivery and/or return of rented goods is at the expense and risk of the counterparty. If the counterparty makes use of employees employed by Riddersma Events during loading and/or unloading, these employees are deemed at that moment to be performing their services subordinate to and under the responsibility of the counterparty; consequently, the counterparty is liable to Riddersma Events in this regard as well. The counterparty is deemed to have inspected the goods for defects upon receipt and to have received them in good condition. If Riddersma Events has undertaken to deliver rented goods to the counterparty, Riddersma Events will endeavor to adhere as closely as possible to the agreed delivery period. However, exceeding the delivery time shall never give rise to a claim for compensation, even after notice of default.
5. Cancellation
Cancellation of the rental agreement must be made as early as possible. Riddersma Events charges 25% of the agreed amount for cancellation no more than the number of days prior to the start of the agreed rental period, and 50% of the agreed amount for cancellation within 30-10 days prior to the start of the agreed rental period. For cancellations within 10 days prior to the agreed rental period, the full contract amount will be charged. Cancellations will only be processed if sent by email or post and can only be reported by the applicant. If this can be demonstrated, the request may also be cancelled by an authorized representative or a colleague working for the same organization.
6. Duration of a lease agreement
Rental agreements are concluded for a specific duration specified in the agreement. The Counterparty is obliged to return the rented item to Riddersma Events no later than the time stated in the rental agreement; failing which, the Counterparty shall forfeit to Riddersma Events a penalty equal to the daily rate of the rented item for each hour of default.
7. Liability
The Counterparty is liable for all damage to the rented property occurring during the rental period, regardless of the cause. If the rented property, or parts thereof, is (are) damaged, completely lost, or irreparably damaged due to the fault or negligence of the Counterparty, repair costs will be calculated at the standard repair rates in the first instance. In both other instances, the Counterparty shall owe Riddersma Events a sum equal to the purchase costs of replacement equipment and the costs of replacement. Riddersma Events is not liable for damage that may arise to the Counterparty or to third parties, directly or indirectly, as a result of the use of rented goods, even if such damage should be the result of processing defective material or the presence of a structural defect in the rented goods. The Counterparty shall indemnify Riddersma Events against all claims from third parties in this regard.
8. Obligations of the Counterparty
The other party is obliged to use the rented goods only in accordance with the provisions of this agreement and, in particular, to: handle the rented goods in accordance with the operating instructions; not make any alterations to the rented goods; grant the representative(s) or authorized agent(s) of Riddersma Events access to the rented property at all times; reject claims by third parties on the rented goods and indemnify Riddersma Events in this regard; and to sublet or make the goods available to third parties exclusively with the written permission of Riddersma Events.
9. Prices
Stated prices are exclusive of VAT and packaging, shipping, or delivery costs, unless otherwise agreed in writing. Prices are based on price-determining factors known at the time the quotation is issued. Riddersma Events reserves the right to change its prices at any time due to changes in wages or other price-determining factors.
10. Payment
Unless otherwise agreed in writing, payment by the counterparty must be made prior to delivery by bank transfer or in cash upon delivery. Payments shall always be applied to outstanding costs and interest (in this order) and subsequently to the principal amounts, with older debts taking precedence over newer ones. In the event of a sale, the delivered goods remain the property of Riddersma Events until they, as well as all costs associated with the delivery, have been paid.
11. Interest and costs
If payment has not been made in accordance with the preceding article or within the period stipulated in the agreement, the counterparty shall be in default by operation of law and shall owe interest per (part of a) month at a rate of 1.5% of the outstanding amount from the due date. All judicial and extrajudicial costs of collection shall be borne by the counterparty. The extrajudicial collection costs shall amount to at least 15% of the amount owed by the counterparty, with a minimum amount of € 35.00 per invoice.
12. Security deposit
The Counterparty is obliged, before taking receipt of the rented goods, to identify itself by means of two valid forms of identification and to provide Riddersma Events with a security deposit to be determined by Riddersma Events. Riddersma Events reserves the right to offset overdue rental installments against the security deposit as well as the costs of repair/cleaning as referred to in 18.2. Riddersma Events is obliged to return this security deposit to the Counterparty upon termination of the agreement, provided that at that time the Counterparty has fulfilled all its obligations towards Riddersma Events. Obligation to report. The Counterparty must inform Riddersma Events without delay if movable or immovable property of Riddersma Events or the rented goods in question are seized, or if the ownership rights of Riddersma Events are threatened in any other way. The same applies in the event of the Counterparty's bankruptcy, if the Counterparty applies for a suspension of payments, or has ceased payment for other reasons. In the cases mentioned above in 13.1, the Counterparty is obliged to immediately provide the attaching bailiff, the trustee, or the administrator with access to the present agreement.
13. Damage and defects
The Counterparty is obliged to report any damage and any defect to the rented goods to Riddersma Events immediately. The Counterparty may not proceed with repairs without the permission of Riddersma Events. Riddersma Events will only carry out alterations and/or repairs to the rented goods in its own workshop. Defects or damage to the rented goods do not give the Counterparty any rights against Riddersma Events, in particular not to replacement and/or compensation. If employees of Riddersma Events come to install equipment on location, the Counterparty is obliged to have the materials or set positioned exactly as they were before the departure of our employees. If materials become dirty or damp from, for example, beer, Riddersma Events will clean all cabling, lighting, and sound equipment and must check for defects. The associated costs (€23.00 excluding VAT per hour) will be recovered from the other party. If electrical materials (speakers, peripherals, projectors, lighting, cabling, etc.) are placed on a wet or sticky surface, the other party is obliged to reimburse the cleaning and inspection costs of at least €46.00 excluding VAT.
14. Replacement
If the Counterparty is unable, for whatever reason, to return the rented goods to Riddersma Events, the Counterparty shall pay Riddersma Events compensation equal to the purchase costs and replacement costs of the rented goods, as of the date of termination of this agreement.
15. Force Majeure
Force majeure is understood to mean any circumstance independent of the will of the parties or unforeseeable as a result of which performance of an agreement can no longer reasonably be demanded from Riddersma Events by the counterparty; Force majeure also includes strikes, excessive absenteeism of personnel, transport difficulties, fire, government measures, quotas, and/or business disruptions at Riddersma Events and/or its suppliers, as a result of which they can no longer fulfill obligations towards the counterparty; Riddersma Events reserves the right, in the event of force majeure, to suspend or definitively dissolve the execution of the agreement in question, but only in consultation with the counterparty. Riddersma Events reserves the right to demand payment for the services rendered in the execution of the relevant agreement up to the moment the force majeure situation arose; Riddersma Events reserves the right to invoke force majeure even if the cause of the force majeure situation arises after the performance should have been delivered.
16. Termination of a lease agreement
A rental agreement may be terminated by Riddersma Events at any time with immediate effect. Article 9.3 shall then also apply. Upon termination of a rental agreement, the rented goods shall be made available to Riddersma Events in the same condition as they were provided, fully cleaned. Should it appear that the goods are defective or damaged, or that the counterparty has failed to clean the goods or has cleaned them inadequately, Riddersma Events is entitled to charge the counterparty for the repair or cleaning costs.
17. Warranty & Returns for purchase and installation by Riddersma Events
Warranty Period When a purchased product becomes defective, it is very helpful to know what warranty period you are entitled to. Riddersma Events indicates the applicable warranty period for each product upon request. For consumables, no warranty claim can be made if the defect is caused by frequent use. Manufacturing defects are, of course, covered by the warranty. If a repair is not covered by the warranty, the costs are the responsibility of the product owner. 14-Day Inspection Period At Riddersma Events, the customer has an inspection period of 14 days for all orders, starting from the moment the order is in the customer's possession. After the expiration of the 14 days, the purchase agreement is final. During this period, you must handle the product and packaging with care. You may only unpack or use the product to the extent necessary to assess whether you wish to keep the product. If you wish to return the product, it must be returned to Riddersma Events with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the instructions provided by Riddersma Events. The following products are excluded from return: - products created by Riddersma Events in accordance with specific specifications provided by you as the customer - software whose seal you have broken - items that are used, damaged, or incomplete - lighting or sound systems installed by us or by one of our partners (unless otherwise agreed in writing). In summary, you are entitled to a cooling-off period of 14 days following delivery of the product. You may therefore return the product free of charge within these 14 days, provided there is a valid reason for doing so. If, during the installation of a set purchased from Riddersma Events or otherwise, it becomes apparent within the aforementioned period that there is a malfunction due to incorrect installation, Riddersma Events will bear the costs. This does not apply after the 14-day period. This warranty does not apply if you have made modifications to our installation work yourself. Speaker and lighting sets installed by Riddersma Events can be expanded by adding extra speakers, amplifiers, lights, controllers, etc. This is entirely at your own risk. Replacing cabling, especially in the case of self-made or soldered cabling, can also cause malfunctions that are not covered by the warranty offered by Riddersma Events. Once the purchased set has been installed and is in operation, no claim can be made against Riddersma Events 14 days after taking possession of the installation and product. The warranty period for installed systems can be agreed upon in some cases but will never exceed 12 months.
The Right Equipment Riddersma Events never decides which equipment will be placed somewhere. We are also not liable for any consequences of advice regarding an installation. Riddersma Events can provide advice, but the client signs the quotation and thereby declares their agreement with the products and services supplied by Riddersma Events. By signing the quotation, you indicate that you wish to purchase these items from Riddersma Events yourself at the prices stated therein. Riddersma Events is not liable for consequences of insufficient sound or lighting following an installation.
18. Miscellaneous
Amendments to, additions to, or the cancellation of this agreement are only valid if agreed upon in writing. Oral side agreements are not valid insofar as they conflict with the above provisions.
19. Applicable law / disputes
Dutch law, applicable to the Kingdom in Europe, shall apply to all agreements to which these General Terms and Conditions apply in whole or in part. For the execution of the agreement between the counterparty and Riddersma Events, both parties declare to choose domicile at the place where Riddersma Events is established. Without prejudice to the jurisdiction of the Cantonal Court, in the cases defined by law, all disputes shall be settled in the first instance by the District Court within the district where Riddersma Events is established. All costs arising therefrom shall be borne by the counterparty.
20. Final provision
If one or more of these conditions should be or become wholly or partially contrary to any statutory provision, these conditions shall nevertheless remain in full force and effect for the remainder, while furthermore, with regard to the invalid provision, the parties shall be deemed to have agreed to that which, legally permissible, most closely approximates the intent of the invalidated provision. If Riddersma Events has agreed to any clause that deviates from one or more provisions in these conditions, the remaining provisions of these conditions shall remain fully applicable. Upon request, the general terms and conditions can be sent to you free of charge by email or by post. By signing a quotation or invoice, you agree to our terms and conditions. Even a considerable time after your purchase, you may receive our general terms and conditions from Riddersma Events and also request them from the Chamber of Commerce in Middelburg. New Paragraph
