Terms & Conditions
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TERMS AND CONDITIONS PLAYPASS NV
The following terms will be applicable to the sale and rental of materials.
- 1. By issuing an order, the customer acknowledges and accepts these general sales and rental conditions. Amendments are only valid if agreed in writing by all parties. Insofar as the customer would have purchase or rental terms and conditions and these would not be in accordance with our sales and rental terms and conditions, the purchase or rental terms and conditions of the customer do not apply, even if they are not explicitly rejected.
- 2. All orders are firm and non-cancellable. In case of cancellation, Playpass can choose between demanding either purchase or compensation. If Playpass demands compensation due to cancellation, the loss it suffers will be reimbursed by the customer for at least 70% of the invoice amount. The cancellation of the order is only effective after the written consent of Playpass.
Article 1. SALE
- 3. The goods always travel under the responsibility and risk of the customer if the goods are transported by a third party or by the customer. In case of sale, deliveries are made EXW.
- 4. Any complaints about goods sold must reach Playpass by registered letter within 8 days after delivery.
- 5. All goods sold remain our property until entire payment of the price, plus any interest and costs. Notwithstanding title to the goods is retained, the customer will bear all the risks.
Article 2. RENT
- 6. Guarantee. When renting equipment, the customer will pay a deposit equal to 20% of the purchase value of the rented goods, unless otherwise agreed in writing.
- 7. Delivery. Rented goods must be inspected in the presence of Playpass upon reception by the customer. Any at that time existing damage or deficiencies will be marked on the delivery note. Any report of damage after receipt of the goods is considered as being caused by the customer. If the customer wants the rental goods to be shipped, he/she can inspect these goods on a place determined by Playpass. If the customer decides not to, he/she acknowledges that the goods are in good condition and all damage to the rental goods are considered being caused by the customer, even in the event of damage during shipment.
- 8. Return. Goods must be delivered at the end of the rental period at the time and place indicated in the rental agreement or order form. If the rented goods are returned late, a compensation will be due equal to the daily rent, multiplied by the number of days of excess. If goods are returned damaged, the repair and/or re-making cost will be invoiced to the customer. The damaged goods will be available for inspection for 5 working days, starting from the invoice date of the damage. During this period the customer (or the insurance representative) can, on request, personally verify the damage during business hours. Once this period expires, any inspection of damaged goods is excluded and the goods will be repaired and/or re-made without explicitly informing the customer. Upon return of rented goods the customer may request inspection of the goods in his/her presence and a state of possible damage in both parties’ presence; this state shall be drawn up in duplicate and signed by both parties. Both parties will receive one copy thereof. Should the customer waive this joint inspection, he/she agrees with the possible state of damage to be drawn up unilaterally by Playpass. By placing his order, the customer accepts the indemnification rates applied by Playpass and he/she agrees to indemnify the damage caused at these rates. A list of the current rates is always available upon request. If the goods are total loss, they should be collected by the customer within 10 working days starting from the invoice date of this damage. In such a case, the customer will owe a compensation equal to the purchase price of the goods. If the customer hasn’t picked up these goods within the specified period, the goods will be removed from our warehouses without explicitly informing the customer. Any costs for the removal of the damaged goods will be charged to the customer.
- 9. Loss. In the event of loss of the rented goods, this will be invoiced to the customer for an amount corresponding to the purchase price at the time of loss of the same. All costs for damage or loss of rented goods are only invoiced to the customer, even in the event of damage or loss not attributable to the customer.
- 10. Prohibition of sublease. The rental of the goods is personal in the name of the customer. The customer is not allowed to rent the goods or to make them available to third parties without compensation, unless with prior written agreement from Playpass.
- 11. Unless otherwise stated on the front of the order form, all invoices are payable in cash on the date of the invoice.
- 12. Payments must be made by bank transfer to our account on the order form. Invoice amounts are net and all costs or taxes associated with the payment are borne by the customer.
- 13. By not paying an invoice on its due date, all outstanding amounts become immediately due and payable, regardless of agreed payment terms.
- 14. Any overdue invoice will accrue interests at 10% per annum from the due date of the invoice by operation of law and without notice of default. In addition, a lumps sum of 10% of the invoice amounts is due with a minimum of EUR 75.
Article 3. SOFTWARE LICENSE
Article 4. LIABILITY
- 16. Under no circumstances is Playpass liable in case of late delivery of rented or purchased goods. The liability of Playpass is limited to the damage of the customer that is the direct result of a hidden defect of the rented goods and / or of gross negligence or fraud of Playpass. The customer indemnifies Playpass against claims from the customer's personnel or third parties engaged by him/her, insofar as these claims exceed the liability of Playpass towards the customer under the agreement.
- 17. Under no circumstances is Playpass liable for indirect damage such as commercial or financial losses, loss of data, loss of reputation, loss of profit or turnover, loss of customers, physical harm, mental harm and losses as a result of legal action taken by third parties against the customer. Thus Playpass cannot be held liable in any way for a potential failure of the internet connection through technical or other failures both inside and outside the Playpass network. The customer is solely liable for the proper use of the product, service or software, taking into account Playpass’ specifications, documentation and instructions. Towards the customer, Playpass will only be liable for actual and proven damage arising from the obligations contained in the agreements with Playpass, thus excluding any other implicit or non-written commitments. Playpass’ liability according to or in connection with an agreement with Playpass, per claim or series of claims, arising from the same fact or the same cause, will not exceed the total amount invoiced to and paid by the customer for the purchase price or the recurring costs (including installation costs) of the services rendered or rental fees paid.
- 18. If Playpass acts as a supplier of services related to public safety, crowd control, access control & cashless payments Playpass only performs an operational task on behalf of the customer. Playpass cannot be held liable in any way and at any time and cannot be responsible for physical and/or mental damage to the customer, to employees of the customer and to paying and non-paying visitors of the customer.
Article 5. PROCESSING OF PERSONAL DATA
If Playpass processes any data related to an identified or identifiable natural person (“Personal Data”) on the customer’s behalf, the parties record their intention that the customer shall be the data controller, and Playpass shall be the data processor and in any such case:
- - the customer acknowledges and agrees that the Personal Data may be transferred or stored in any country of the European Union, in order to carry out Playpass obligations under this agreement (no Personal Data will be transferred or stored outside the European Union);
- - the customer shall ensure that the customer is entitled to transfer the relevant Personal Data to Playpass so that Playpass may lawfully use, process, store and transfer the Personal Data in accordance with this agreement on the customer’s behalf;
- - the customer shall ensure that the relevant data subjects have been informed of, and have signed the appropriate legal mechanisms to, such use, processing, storage and transfer as compliant with applicable data protection legislation and industry standards;
- - Playpass shall process the Personal Data in accordance with the terms of this agreement and any lawful instructions reasonably given by the customer from time to time, as well as in accordance with any applicable privacy laws;
- - the customer acknowledges and agrees that customer data shall be shared with Playpass’ employees, representatives, officers, directors, agents, advisors, affiliates and consultants who have a need to know such data for the purpose of providing technical support, and are specifically bound by a confidentiality obligation prior to such disclosure;
- - each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the Personal Data or its accidental loss, destruction or damage.
- 20. These Personal Data shall not be used by Playpass for direct marketing.
Article 6. TERMS OF DELIVERY, PAYMENT AND PROTEST
- 21. The delivery times specified by Playpass are estimates and not binding, unless explicitly agreed otherwise. The terms are always expressed in working days. Delay in delivery cannot give rise to cancellation of an order or compensation. Any complaint regarding the delivery, of any kind, should be notified to Playpass by the customer per registered letter within 8 working days after the delivery of the goods or the starting date of the services rendered. Any complaints about the delivery or service cannot be used as a pretext to suspend or delay payment of the invoices. The lack of written protest of an invoice within 8 working days after it was sent, holds the irrevocable acceptance of the invoice and the amounts, products and services listed therein.
Article 7. MISCELLANEOUS
- 22. The customer’s rights and obligations arising from the agreements concluded with Playpass will not be transferable, in whole or in part, to any third party without the prior written consent of Playpass. If a provision of an agreement with Playpass or its application would be or become invalid for any party or any circumstance, at any level, it will not affect the rest of the agreement. Changes to contact information such as addresses, phone numbers and email addresses of the Customer must be communicated timely by the customer to Playpass.
Article 8. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
- 23. All agreements concluded with Playpass are subject to Belgian law. Any dispute in connection with the agreements concluded with Playpass will be submitted exclusively by the courts of Antwerp.
Article 9. INTELLECTUAL PROPERTY RIGHTS
- 24. All intellectual property rights in respect of the products and/or services as well as designs, software, documentation, and underlying knowledge and know-how and all other materials and services developed and/or used in preparation or execution of the agreement between Playpass and the customer, or resulting therefrom, remain exclusively with Playpass or its suppliers. The delivery of products and/or services does not entail any transfer of intellectual property rights. The customer is granted a personal, limited, non-exclusive, non-transferable and non-sublicensable license to use the products and results of the services. In such use, the customer shall strictly abide by the terms stated in these general conditions or otherwise communicated to the customer.
- 25. Without the prior written consent of Playpass, the customer shall not in any way, in whole or in part, publish, reproduce or make available to a third party the products and results of the services.
- 26. The customer will not remove or alter markings by Playpass or its suppliers concerning copyrights, trademarks, trade names or other intellectual property rights.