The fine print
Sales conditions
1. Applicability
Unless otherwise agreed in writing, all sales and services are subject to the general sales conditions set forth herein.
2. Quotes and prices
Quotes and price lists are only binding for us for 30 days from the date of issue. The prices stated are for goods picked up at our warehouses. Unless otherwise specified, goods are transported at the buyer's expense, regardless of the means of transport or the carrier. The goods are received and considered accepted at our workshops or warehouses. They travel at the buyer's risk and responsibility, even in the case of free delivery.
The descriptions, dimensions, weights, and other information in our catalogs, price lists, etc. are approximate and are provided for indicative purposes only.
3. Delivery time
The specified delivery time, even in the case of a stated deadline, is only approximate. Delays in delivery can never give rise to cancellation of the order, refusal of delivery, or any form of compensation. If certain conditions, such as price and delivery location, can no longer be respected due to force majeure or circumstances beyond our control, we reserve the right to adjust these conditions, without this giving rise to termination of the agreement or any form of compensation.
4. Order
When, at the request of the buyer, the invoice is issued in the name of a third party, the buyer remains jointly liable at all times and in all circumstances for the compliance with all obligations arising from the agreement and these general terms and conditions.
5. Delivery
The designation of the delivery address and delivery method is the sole responsibility of the buyer. If no one is present at this location to receive the goods upon delivery, the delivery is assumed to be in accordance with the details contained in the delivery note. A partial delivery of an order cannot be a reason for refusing payment for the delivered goods.
6. Warranty:
a) Non-conformity of the delivery and visible defects must be reported to the seller by registered letter no later than 48 hours after delivery. If this does not happen, the seller may reject any complaint.
b) The buyer must file any claim based on hidden defects within 2 months after discovering the defect. If this does not happen, his claim, in accordance with article 1648 B.W., will be inadmissible.
c) The seller warrants the delivered material and work against any defect or error in the
material/work for 6 months (2 years for consumer customers). This period begins on the day the material/work is made available to the buyer. The repair or replacement of parts during the warranty period does not extend the warranty.
7. Liability
The seller is not liable for any compensation, whether direct or indirect, that may result from goods delivered or sold by us, except in cases of gross negligence or intent. The seller's liability is in any case limited to the invoice value of the delivered goods/services. Under no circumstances can the seller be held liable for any indirect damages such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of return, or any other losses or consequential damages, both to the customer and to third parties.
8. Payment
Unless otherwise stated, our deliveries are payable in cash, upon delivery or collection, at the order of the seller. On any amount that remains unpaid on the due date, interest will be due by operation of law, and without prior notice of default, at a rate of 1% per month (or – if higher – the default interest as provided in the Law of 02.08.2002 regarding the combating of payment arrears in commercial transactions) calculated from the due date. Furthermore, the amounts due will automatically and without any reminder be increased by 10%, with a minimum of 100.00 EUR, as a fixed compensation for damages.
9. Retention of Title
The goods remain our property as long as the amounts due are not fully
paid, without prejudice to the transfer of risk to the buyer that occurs at the time of delivery.
In the absence of full payment for the goods, the buyer commits to their return and will bear the costs to restore the goods if necessary.
10. Bankruptcy
In the event of bankruptcy, apparent insolvency, or judicial reorganization, we reserve the right to unilaterally terminate the agreement without the need for prior notice of default.
11. Breach of contract by the seller
If the seller commits a breach of contract, the buyer is entitled to a common law compensation. The buyer must prove the extent of the damage.
12. Breach of contract by the buyer
In case of non-compliance with the buyer's obligations, the seller has the right to suspend deliveries. Furthermore, if a reminder sent by registered mail remains unanswered for 15 days, the seller may consider this contract as terminated in its entirety or broken for the part not yet executed, without prejudice to their right to compensation of 30% of the invoice amount as reimbursement for costs and loss of profit, without the seller needing to provide evidence of the existence and extent of the damage.
13. Disputes
All disputes fall under the exclusive jurisdiction of the courts of the judicial district of Leuven, unless the seller prefers to sue in the court of the registered office or the residence of the defendant. Only Belgian law applies.
Rental conditions
1. General
Unless otherwise expressly agreed, all agreements made by the tenant with the company Sonora BV., KBO no. 0536.644.976, located at B-3000 Leuven, Martelarenplein 20E (hereinafter referred to as “Sonora”), as well as all invoices, are subject to these general rental conditions.
The signing of the quote, or the rental agreement, by the tenant constitutes an explicit acceptance of these general rental conditions. By signing the quote or the rental agreement, the tenant confirms to be bound by the general rental conditions and commits to fulfilling the obligations resting upon him in accordance with these general rental conditions.
The invalidity of one or more provisions of these general rental conditions does not result in the invalidity of the entirety of these general rental conditions.
2. Tenant
A tenant is considered to be: any natural person, not acting as a self-employed individual, in the exercise of a profession or as a legal representative of a company, as well as any natural person, acting as a self-employed individual, in the exercise of a profession or as a legal representative of a company, as well as any legal entity or other legal form, that has signed the quote offered by Sonora or the rental agreement in agreement.
3. Deviations
If the tenant refers in his offer or other correspondence regarding the rental agreement to other general conditions, these are formally rejected. Any conflicting provision in other general conditions does not affect this. Only the present general rental conditions apply to the legal relationship between Sonora and the other party.
A deviation from these general rental conditions is only possible if it has been explicitly and in writing agreed upon between Sonora and the tenant. This deviation does not apply to future quotes and/or agreements with the same or other parties.
A tenant who has already contracted once with Sonora and has accepted these general rental conditions is deemed to accept them for all future obligations as well.
4. Offer
An offer made by Sonora to the tenant remains valid for a period of 14 days from the date of this offer.
Offers do not bind Sonora, unless something else is expressly and unequivocally stated in the offer itself. The information and data provided by Sonora are for example purposes only. No rights can be derived from this.
The data and information provided by Sonora remain the exclusive property of Sonora and may not be distributed without its permission.
5. Rental Period
The rental period begins on the day and time as specified in the rental agreement concluded between Sonora and the tenant.
Specifically, a daily rental is understood to be a period of 20 consecutive hours. The rental period begins at 2 PM, unless otherwise agreed in the rental agreement.
The goods must be returned to Sonora on the opening day at a time determined by Sonora, with a guarantee of a minimum rental period of 20 hours. The exact time at which the rented items must be delivered by the tenant to Sonora will be communicated to the latter upon collection of the goods by the tenant. If the goods are not returned to Sonora by the tenant at the previously agreed time after the expiration of the 20-hour rental period, additional rental fees will be charged for an additional rental period of 20 hours.
The rental period as stated in the delivery note will be strictly adhered to by the renter. If Sonora or another customer encounters problems due to exceeding this period, all resulting costs, including additional transportation costs, will be charged to the defaulting party.
Sonora furthermore reserves the right to file a complaint for theft with the police services in case of non-delivery of the rented goods at the previously mentioned time.
6. Prices
The rental prices can be consulted via the website www.sonora.be or can be obtained upon request via email leuven@sonora.be, or at our registered office mentioned in article 1 of these general rental conditions.
The mentioned rental prices refer to daily rates including VAT. As stated in article 5, a daily rental concerns a period of 20 hours.
In addition to the normal daily rental prices, costs for transportation and/or installation may also be charged.
These prices can also be obtained upon request.
7. Obligations of the renter
The user instructions and manuals provided with the rented goods must be known to the renter, their staff, or other persons using the rented goods. The renter ensures that the persons handling the rented goods possess the necessary competence.
The rented goods must be used by the renter in spaces that are completely waterproof and windproof. Equipment mounted in flight cases will not be disassembled.
Devices may not be opened.
The rented goods may under no circumstances leave Belgian territory.
After the expiration of the rental period specified in the delivery note, the renter has an obligation to return the rented item, under penalty of payment of additional rental fees as stipulated in article 5 of these general rental conditions and subject to Sonora's right to file a complaint for theft against the renter with the police.
Upon return, the goods must be returned by the renter in the same condition and packaged in the same manner as when these goods were delivered to Sonora. If the goods are not in the same condition and/or if there is damage to the rented goods, compensation must be paid to Sonora as stipulated in article 10.
Sonora must always have access to the rented goods. The renter must also reject any claims from third parties on the rented goods and indemnify Sonora for this.
8.Delivery of the rented goods
The delivery times as stated in the rental agreement are only approximations. If Sonora is unable to deliver the rented goods due to causes beyond its control, such as force majeure, the failure to return the rented goods by a previous renter, etc., the renter will propose a reasonable delivery time to Sonora. However, in that case, Sonora will never owe any compensation to the renter.
If the goods need to be delivered on-site by Sonora, the renter, or a representative or authorized person, must be present at the time of delivery.
Upon delivery of the goods, they will be checked by the renter, their representative or another authorized person, and the representative of Sonora, after which the renter will sign a delivery receipt for the receipt of the goods in the established condition.
9.Return of the rented goods
The rented goods must be returned to Sonora at the agreed time.
If the goods need to be picked up on-site by Sonora, the renter must ensure that all goods are available to Sonora at the previously agreed time and that they have access to the location where the goods are located. The goods must be neatly packed, organized, stacked, or placed together ready for pickup.
The goods must be properly cleaned and any cables must be properly rolled up before being returned to Sonora.
Subsequently, the goods will be inspected by Sonora for any damage or technical defects. The renter remains responsible for the rented goods during this time.
The renter may be present during this inspection, provided they have notified this in advance when entering into the rental agreement and a time can be agreed upon with the renter for the inspection and review of the goods.
If any damage to the goods is found during the inspection, this will be reported to the renter in writing as soon as possible. A deadline will be communicated to the renter within which they can have a counter-expertise conducted. After this deadline, repairs or replacements will be carried out, and the costs will be charged to the renter.
10.Damage and loss
The renter is responsible for any damage, loss, or theft of the rented goods that occurs during the rental period specified in the rental agreement. This liability remains in effect at all times, without the renter being able to invoke force majeure. The presence of technicians from Sonora on-site to operate the installations does not detract from the above and does not exempt the renter from their liability.
The term "damage" is understood in the broadest sense of the word, including any fact that makes the immediate re-rental of the goods impossible.
If damage or loss is determined during the period that the renter is responsible for the rented goods, this must be immediately reported to Sonora, and at the latest upon the return of the goods.
If theft is determined by the renter during the rental period, this must also be reported immediately to Sonora. The renter must also file a theft report with the police and provide a copy of this complaint to Sonora.
The expertise that Sonora must have performed by a third party to determine the damage and/or repair costs is entirely at the expense of the renter.
If the damage cannot be repaired immediately, the renter will also pay an additional compensation for loss of use amounting to twice the daily rental price.
If the renter wishes to take out insurance for the rented goods, Sonora may require the renter to designate Sonora as the beneficiary in the insurance agreement or to provide Sonora with a coverage confirmation.
11. Control
Sonora has the right to inspect the rented materials anywhere to verify whether the renter complies with these general rental conditions. The renter unconditionally grants access to Sonora's employees for this purpose, regardless of the time and type of event.
12. Transport
If the goods are picked up by the renter themselves, they will only be transported in a closed truck, van, or trailer. If the transport is provided by Sonora, the goods will be delivered on the ground floor, taking into account a maximum distance of 20 meters between the loading and unloading area and the nearest access door. The access road must be sufficiently paved. The costs of any towing and recovery services will be borne by the customer.
As stated in art. 6, additional transport costs will need to be paid in the event of transport by Sonora.
If the renter is responsible for the transport of the rented goods, the renter also bears the risk of loss or damage to the rented goods during this transport.
If, at the request of the renter, the services of Sonora's employees are used during loading and/or unloading, this is done entirely at the renter's own risk.
13. Technical assistance
In the event of a technical malfunction of the rented goods, which is not due to the actions of the renter, their appointee, employee, or third parties, Sonora will attempt to remedy the malfunction – within its own capacity. This assistance may consist of repairing or replacing the rented goods with identical or similar items.
A technical malfunction is understood to mean: any technical inconvenience that is not due to normal use or normal wear and tear. Consequently, broken bulbs will generally not be replaced, unless the number of broken bulbs exceeds 1/8 of the total number of rented bulbs and this is reported to Sonora before 6:00 PM.
Technical assistance is only provided within the service area of the Sonora location where you rented the installation.
The service area of Sonora Leuven includes the following municipalities: Aarschot, Beauvechain, Begijnendijk, Bekkevoort, Bertem, Bierbeek, Bonheiden, Boortmeerbeek, Boutersem, Glabbeek, Grez-Doiceau, Grimbergen, Haacht, Herent, Hoegaarden, Hoeilaart, Holsbeek, Huldenberg, Kampenhout, Keerbergen, Kortenberg, Kraainem, Leuven, Lubbeek, Machelen, Mechelen, Oud-Heverlee, Overijse, Rotselaar, Steenokkerzeel, Tervuren, Tielt-Winge, Tienen, Tremelo, Vilvoorde, Waver, Wezembeek-Oppem, Zaventem, Zemst.
If the call for a technical malfunction is made incorrectly, e.g., due to incorrect wiring performed by the renter themselves, Sonora reserves the right to charge these costs to the renter according to the travel costs listed in the price list and at an hourly rate of € 45.00 + VAT.
The renter assumes the possible risks of a technical malfunction and expressly waives any damage claim in this regard against Sonora. The occurrence of a technical malfunction does not give the renter the right to not pay or to pay incompletely the invoice from Sonora.
14. Invoicing and payment
The tenant is required to pay a security deposit, which will be determined based on the rental period and the value of the rented goods. This security deposit may be withheld if the tenant does not comply with these general rental conditions or to cover damage to or loss of the rented goods.
If this deposit is not paid on time by the tenant, Sonora has the right to suspend or terminate the agreement.
Payment of the invoices must be made at the Sonora office or to an account number specified by her on the invoice.
The amount must be paid before the due date specified on the invoice.
If payment is not made on time, the tenant is automatically liable for interest of 10% on the invoice amount without the need for prior notice of default. Additionally, the tenant is also liable for a late payment fee of 15% of the invoice amount, with a minimum of € 25.00.
Sonora also reserves the right to suspend her obligations if the tenant does not properly fulfill his obligations arising from these general rental conditions, as long as the tenant does not meet his commitments.
Sonora also reserves the right to immediately terminate the rental agreement if the tenant does not comply with his obligations under the general rental conditions, without being liable for any compensation to the tenant.
15. Liability
Sonora can only be held liable for direct property damage and personal injury to the tenant's property or persons, which was caused by a demonstrable defect in the rented goods, or by intent or gross negligence on the part of Sonora.
Sonora's liability is limited to the amount paid out by its liability insurance.
All other grounds for liability are hereby expressly excluded.
The tenant must indemnify Sonora against any claims from third parties based on damage that is related to or caused by the rented goods.
Any liability of Sonora expires after a period of one year from the date of the damage.
16. Bankruptcy of the tenant
In the event that the tenant is in a state of bankruptcy, or is subject to liquidation, all agreements between Sonora and the tenant will be considered immediately terminated.
17. Ownership
The rented goods remain the property of Sonora at all times. Neither the tenant nor third parties can assert any claims on the rented goods.
Nor is the tenant entitled to alienate, relocate to another location, or pledge the rented goods.
If the rented goods are to be subject to seizure, the tenant will immediately notify Sonora. If the rented goods have been loaded, the tenant will also immediately inform Sonora of the location of the goods.
Any damage that arises as a result will be borne by the tenant.
If the rented goods are not returned or go missing, Sonora will file a complaint for theft with the police.
18. Force Majeure
The term force majeure should first and foremost be understood as: a situation that arises outside the will and power of Sonora and where it cannot reasonably be expected of Sonora to comply with the agreement made with the renter.
Situations considered to be force majeure include: strikes, riots, war and other disturbances, boycotts, blockades, natural disasters, epidemics, shortages of raw materials, hindrance and interruption of transport possibilities, extreme weather conditions, fire, machine breakdown, disruptions at Sonora, problems with suppliers and/or measures by a government authority.
If Sonora is unable to fulfill the agreement due to a situation of force majeure, the fulfillment of the agreement will be suspended as long as the situation of force majeure occurs, with a maximum period of one month.
After the period of one month, the parties may agree to terminate the agreement in whole or in part in writing.
19. Disputes – applicable law – competent court
All disputes arising from an offer or agreement concluded between Sonora and the renter, as well as all disputes regarding invoicing, will be settled according to Belgian law.
These disputes will be settled by the courts of the judicial district of Leuven.