The contract is governed first and foremost by the special terms and conditions, and then by these general terms and conditions. In the event of any conflict between these general terms and conditions and the customer’s general terms and conditions, even if communicated subsequently, the customer agrees that these general terms and conditions shall prevail. Deviations from these terms and conditions are valid only if expressly accepted in writing by Emolto Events. The non-execution of any clause is purely tolerated and in no way implies a waiver of the subsequent application of said clauses. The present terms and conditions are also available on the www.emolto.be website.

Only written offers from Emolto Events are valid. Their validity is limited to 30 calendar days. They are only binding on Emolto Events if unconditionally accepted in writing by the customer within this period.

In the event of cancellation of the contract by the customer more than 60 days, between 30 and 60 days or less than 30 calendar days before the date of performance, compensation equal to 30%, 50% or 100% of the invoiced amount respectively shall be due, without prejudice to damages.

Prices are subject to change at any time. Emolto Events has the right to modify the prices of its products and services if, after the conclusion of the contract, changes occur in the prices of energy, raw materials, wages or any other component of the cost price of the products and services. The new price list is applicable from the date of its acceptance. Silence on the part of the customer within fifteen days of communication of the new price list constitutes acceptance of the latter. Prices invoiced by Emolto Events are exclusive of VAT.

The customer is liable for 50% of the invoiced amount upon acceptance of Emolto Events’ offer, 30% one month prior to the execution of the contract, and the balance within one month of the execution of the contract. Any sum not paid by the due date is automatically and without formal notice subject to interest on arrears of 10%, as well as a lump-sum penalty for late payment equal to 10%, renders all other sums due, whatever their due date, automatically and without formal notice, and entitles Emolto Events to cancel all or part of the agreements entered into with the customer. Acceptance of a bill of exchange does not entail novation of debt.

Shipment or transport, as well as (un)loading, are carried out by the customer and at his or her exclusive expense. If, by way of exception, Emolto Events undertakes these operations, it does so on behalf of the customer and assumes no responsibility whatsoever for any incident occurring during these operations which may cause damage to the property or persons of the customer, its employees or sub-contractors. In the event of delay, partial or total loss or any other damage resulting from shipping, transport or (un)loading, the customer must take recourse against the carrier without being able, for any reason whatsoever, to refuse, reduce or delay payment of the price due to Emolto Events.

Only the delivery times stated in written quotations are binding. Delays in delivery may not give rise to the payment of compensation or to termination of the contract if they are due to or justified by a change in the order by the customer, late transmission of information and/or documents, failure to meet payment deadlines or force majeure. Acts of vandalism and any cause that accidentally impedes the supply of products or the provision of services by Emolto Events’ subcontractors are considered as force majeure.

The customer undertakes to comply scrupulously with the usage and safety instructions relating to the products supplied and the services provided. Failure to do so releases Emolto Events from all liability, which is strictly limited to reimbursement of the price paid by the customer to Emolto Events, to the exclusion of all other damages.

In the event of sale of its products, supplies, creations or achievements, Emolto Events remains the owner until full payment of the price. Emolto Events is the sole owner of the intellectual property rights pertaining to the products or services provided.

Any complaint relating to (1) products supplied or services rendered, (2) invoices shall only be admissible if it is made in a detailed manner in writing within fifteen days (1) of completion of the contract, (2) of receipt thereof.

If there is more than one customer, they are jointly and severally liable to Emolto Events for the whole.

In the event of a dispute concerning the interpretation or execution of a contract concluded with Emolto Events, the courts of the district of Brussels shall have sole jurisdiction. The contract is subject to Belgian law.