Terms and Conditions
General Terms and Conditions of Rental and Sale – Eye-Lite Belgium (ELB)
These General Terms and Conditions will apply, without limitation, to any contractual relationship relating to the rental or sale of goods between any company belonging to the ELB Group (Eye-Lite Belgium BE0437.744.469 – Eye-Lite Luxembourg LU-15276036 – Eye-Lite Switzerland CHE-296.168.446 – The Movie Shop BE0677.552.027) and its customer, unless otherwise expressly agreed in writing between the
parties.
The customer may consult these General Terms and Conditions on ELB’s website (www.eye-lite.com) or
obtain them upon request. They are also attached to each invoice.
By signing any agreement, quotation, or delivery note, the customer or its representative acknowledges having read and accepted these General Terms and Conditions of Rental and Sale.
In the event of any conflict between the customer’s general terms and those of ELB, the present terms will
prevail, unless otherwise expressly agreed
Rental of Film Equipment and Sale of Consumables or Investment Goods
1. The customer remains fully responsible for the use and compatibility of the rented equipment, as well as for any purchased goods and their intended use.
2. Taking possession of the equipment implies full acceptance of these General Terms and any specific conditions stated in the quotation.
3. The customer acknowledges that all equipment has been checked, tested, and received complete and in perfect working condition.
4. Delivery times are never guaranteed, even if confirmed in writing.
5. Delays in delivery will not give rise to any claim, penalty, or cancellation.
6. Any complaint must be notified by registered mail within eight (8) working days.
7. Orders and any modifications must be communicated during working days and office hours (Monday to Friday, 08:30 to 17:30).
Specific Rental Conditions
1. The rental period runs from the dispatch of the equipment from ELB’s warehouse until its return to the same warehouse in its original condition.
Any loss, damage, or malfunction must be immediately reported to ELB and, where applicable, to the competent authorities.
In case of late return, the customer will be liable for a flat-rate indemnity based on the daily rental price before discount (1 week = 5 days), for a maximum of ten (10) consecutive weeks.
2. The customer will carry out a full test of the equipment prior to use and ensure proper configuration.
3. The customer will ensure that the equipment is operated by qualified personnel in accordance with the manufacturer’s instructions and remains responsible for all persons handling or working near the equipment.
4. Drivers of rented vehicles (vans and trucks) must hold a valid driving licence for at least two (2) years.
5. Upon ordering, the customer will provide all relevant information regarding the period of use (duration, preparation, assembly/disassembly, standby).
Any changes must be communicated to ELB. Contract extensions are subject to price adjustments. ELB reserves the right to request the return of the equipment and replace it with equivalent equipment.
6. In the event of loss or damage, the rental period will automatically be extended until the equipment is returned, repaired, or replaced.
Any adjustment will not exceed ten (10) times the weekly rental price (before discount).
7. Liability in case of illegal use or seizure
The customer undertakes to use the equipment in compliance with applicable laws. In case of unauthorized use, breach of public order, or seizure by authorities, the customer will be solely liable.
The rental period will be extended until the equipment is returned, and the customer will remain liable for the daily rental fee plus a fixed administrative fee of EUR 250 (excl. VAT) per week of unavailability.
No suspension or reduction of payment will be permitted. Any operating losses incurred by ELB may be invoiced additionally.
8. Cancellation of a confirmed order must be made at least seven (7) days prior to the delivery or test date, provided that ELB has not already incurred costs.
Failing this, a cancellation fee of 10% of the order amount will apply.
9. In the event of equipment failure not attributable to the customer, ELB will use its best efforts to repair or replace the equipment as soon as possible.
The return to ELB’s premises will remain at the customer’s expense. Rental fees remain due during the downtime.
10. The customer will not repair, dismantle, or modify the equipment, including access to maintenance or factory
settings.
Any damage resulting from unauthorized handling will remain the customer’s responsibility.
11. The customer will handle the equipment with due care and store it in a secure environment at all times.
12. ELB will not be liable for any loss, damage, costs, shooting interruptions, reshoots, post-production costs, or any indirect damages suffered by the customer or any third party.
13. Any third-party claims relating to intellectual property rights will be borne exclusively by the customer.
14. Upon completion of any project (in whole or in part) using ELB equipment, the customer acknowledges ELB as official supplier and authorizes the use of images, posters, logos, and promotional material by ELB without prior notice.
Insurance Conditions
1. The customer will take out comprehensive All-Risk insurance covering the equipment at replacement value
(new).
2. ELB reserves the right, at any time and in particular prior to each dispatch of equipment, to request proof from
the customer of the existence and validity of an All-Risk insurance policy covering the rented equipment. Any such verification shall in no way constitute an approval or validation of the adequacy, scope, or coverage of the insurance policy subscribed by the customer, wcoverage is appropriate and sufficient. In the absence of valid proof of insurance, ELB reserves the right to refuse delivery of the equipment. For high-risk shooting conditions (sea, air, stunts, humidity, sand, salt, extreme temperatures, drones, etc.), the customer must take out specific insurance covering such risks.
3. Loss or damage resulting from improper use or insufficient supervision will remain the responsibility of the customer.
Specific sales conditions
1. Warranty:Products are covered exclusively by the manufacturer’s warranty.
Exclusions: normal wear and tear, accidents, or misuse.
2. Compliance at delivery: A product will only be considered defective if it presents a safety risk or clear noncompliance at the time of delivery under normal use.
3. Liability: ELB will not be liable where the damage is attributable to the customer or any person under its responsibility.
4. Retention of title: Ownership of goods will only transfer upon full payment of all amounts due.
5. Post-delivery responsibility: The customer assumes full responsibility for the goods upon delivery.
6. Hidden defects: Warranty is limited to replacement of the goods, excluding any additional damages.
Claims must be made within one (1) year from delivery or discovery of the defect.
. Payment Terms and Securit
- All payments due for the lease and sale of goods by the ELG are cash upon delivery of the equipment or the tests in the ELG facilities unless a specific agreement has been signed between the ELG and the customer.
- In the event of non- payment of the invoice when due, a 15% financial penalty, calculated upon the total amount of due sum will be demanded, as a legal clause, with a minimum of 50€. This procedure does not include moratory and legal Costs.
- The moratory and legal costs, calculated at a rate of 12%, are implemented without legal notice at the date when the invoice is due.
- Further, the ELG has the right to cancel all contracts between the ELG and the customer and will never be held responsible of any direct or indirect prejudice due to this cancellation.
- In the event of default of the payment, the ELG has the right to cancel with retroactive effect all payment specific agreements and other business benefits.
- Payments to the ELG are never submitted or linked to a third party payment to the customer.
- Any claim regarding an invoice should be introduced to the ELG by registered mail within the 15 days upon reception of this invoice. Without rejection, the invoice will be considered as irrevocably accepted.
Force Majeure
1. Any event of force majeure will release ELB from its contractual obligations.
The customer will not be entitled to any compensation or reimbursement.
2. Force majeure includes, but is not limited to: accidents, equipment breakdown, exceptional weatherconditions, strikes, lock-outs, theft, traffic disruptions, etc.
Jurisdiction
1. For Eye-Lite Belgium (Belgian law): exclusive jurisdiction of the courts of Brussels.
2. For Eye-Lite Luxembourg (Luxembourg law): exclusive jurisdiction of the courts of Luxembourg.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.