GENERAL TERMS AND CONDITIONS OF TRADE
Hirer shall be under the obligation to meet the terms specified in this contract.
All prices are quoted exclusive of VAT and other fees unless otherwise stated in this contract.
Written offers are effective for 14 days from the date the offer has been made unless otherwise stated, after that the offer will become void.
All prices are fixed at the time the offer is made subject to increase in pay and the cost of materials, indexation, exchange-rate fluctuations, and changes of cost concerning duty, freight, and other costs.
Complaints about quantity inadequacies must be made immediately after receipt of the goods or the right of complaint will no longer apply. Other complaints about inadequacies must be made within 8 days after receipt or the right of complaint will no longer apply. Victory ApS is not liable for delays due to the following expanded force majeure: War, fire, strike, lockout, weather conditions, import and export ban, confiscation, short deliveries or delays from subcontractors, or other circumstances, which Victory ApS should and could not have foreseen.
Following circumstances entail freedom of responsibility for the parties, provided that they hinder fulfilment of the arrangement or make the fulfilment unreasonably onerous:Labor dispute and any other circumstance, which the parties may not be in control of such as recommendations from authorities on health crises, epidemics or similar outbreaks of diseases, fire, war, mobilization or unforeseen military summons to similar extent, requisition, confiscation, currency restrictions, civil disturbances, lack of transportation, standard shortage of goods, restrictions of propellant and absence of or delay of delivery from suppliers which is due to any circumstances mentioned above. Circumstances, which occurred before the offer placing/closing of agreement only includes freedom of responsibility if its influence on the fulfilment of the agreement could not have been anticipated at the given time. It is the responsibility of the partner to without unfounded reason, in writing inform each other, if the mentioned circumstances occur.
HIRE OF EQUIPMENT
Terms of Hire of stage, AV, sound, and light equipment: Payment must be made immediately after the existing dates of payment of the hire contract unless otherwise agreed in writing.
The signatories declare to be authorised signatories and accept the contents of this contract.
If the contract is not returned within 5 weekdays from the date stated it will be considered void.
Hirer shall ensure that the equipment of Victory ApS will be efficiently protected against the elements in connection with outdoor events. Extra tarpaulin must be available. Victory ApS reserves the right to fail to approve the initiatives made by Hirer against this.
It must be noted that the minimum price for equipment hire is DKK 1,000 + VAT. The day the equipment leaves the premises of Victory ApS will be regarded the first day of the equipment hire. Upon return the date of return will be regarded a hire day should the returned goods be returned after 11:00 a.m. The price of hire does not include loading and unloading of cars.
The condition of the equipment hired must be the same as upon collection. Cleaning, coiling of cables, folding of carpets, and other equipment re-establishing after return will be invoiced to the Hirer cf. current rate of pay per hour.
Transport, storage, and handling of empty goods (flight-cases, lamp wagons, etc.) must be arranged for and paid by Hirer unless otherwise agreed in writing.
In case of company structures, the owner shall be personally liable for any outstanding amount owed to Victory ApS.
Victory ApS has taken out insurance on the equipment for hire and, therefore, the price will appear on the hire contract.
This entails that our insurance company cannot claim compensation against Hirer in case of damages to the equipment, but Hirer must pay excess DKK 6,000 exclusive of VAT.
Upon hiring of equipment with Victory ApS insurance will be obligatory.
Our insurance company has the right of recourse for the full amount upon rehiring, lending of the equipment, or if the equipment should otherwise be made available to a 3rd party if the responsible party causing the damage is not a registered hirer with Victory ApS.
Should Hirer choose to collect the equipment at the premises of Victory ApS transport must be in a vehicle fit for the purpose or be managed by a recognised transport provider. Victory ApS reserves the right to fail to approve the transport.
Supply cable dimensions and other installations must be in accordance with high voltage current requirements. Active soil must be established and an electrical technician must be on site upon connection. It is at any time the responsibility of Hirer that installation of electricity is carried out according to requirements and that installation is ready at the agreed time. Victory ApS shall not be held liable for any delay or error regarding the electrical installation including errors which may cause damage to equipment or inflict injuries upon others.
EXEMPTION OF LIABILITY
Victory ApS calls attention to the fact that foreign goods transported by Victory ApS will not be insured in accordance with the so-called carrier liability by the insurance taken out by Victory ApS.
Victory ApS reserves the right to refuse all responsibility concerning possible damage to goods during transport and handling. Victory ApS recommends that Hirer takes out transport insurance. Should Hirer already have transport insurance the insurance company of Hirer should be informed about the upcoming transport.
Changes or repairs to the hired equipment must not be made without specific permission from Victory ApS.
Victory ApS shall not be held liable for any damages caused to the hired equipment. The items hired may not be handed over to others unless specific permission has been granted. The items hired may not be brought outside the borders of Denmark unless specific permission has been granted. Delivery of booked equipment shall be made subject to the timely return by the previous hirer. Victory ApS reserves the right to replace booked equipment with equipment with the same functions. In case of late return of equipment Victory ApS shall have the right to claim extra payment and to have expenses covered, which Victory ApS may have had in connection with another hire agreement.
Failure to return equipment on time gives rise to unconditional liability to pay damages as shall Hirer incur liabilities pursuant to section 293 (larceny) of the Criminal Law. Should the contract be annulled later than 14 days prior to the first day of hire Hirer shall pay 30% of the hire price quoted in this contract. An annulment such as this must be made in writing. Fulfilment of the contract cannot be complied with in case of force majeure.
Should any extra hands not be available as agreed, an amount of pro tempore DKK 3,000 + VAT per missing hand must be paid.
TERMS OF PAYMENT
Unless otherwise agreed in writing all contractual services shall be paid for in advance.
Victory ApS will be entitled to reject carrying out the task if the amount agreed upon has not been paid on time.
Should Victory ApS extend credit to Hirer and the amount is not paid on time following fees shall be charged:
Reminder DKK 100 + 2% per invoice month.
Disagreements pursuant to the agreements of the parties shall be settled by Danish Law at Retten i Århus.