I. General Provisions
- Sales, delivery, rental or other services provided by LANG-IBERIA S.L. (hereinafter referred to as “LANG IBERIA”) shall be exclusively in accordance with the following terms and conditions, which shall be deemed to be accepted by the Buyer or Client for the Personnel Reservation (hereinafter referred to as “Client”) upon receipt of the goods or services. Opposing regulations must be accepted by us in writing. By placing an order with LANG IBERIA on the basis of an offer submitted in accordance with these terms and conditions of business or by accepting the goods or services. The Buyer or Customer accepts the exclusive validity of these general terms and conditions of business.
- All offers made by LANG IBERIA are subject to change without notice and are non-binding. Written offers made by LANG IBERIA shall only serve as an invitation for the Customer to submit a corresponding offer of his own. Such offers shall only be accepted by LANG IBERIA if confirmed in writing. Drawings, diagrams, dimensions, weights or other specifications pertaining to an offer shall only be considered as approximate values.
- Deliveries are at the Customer’s risk. The risk passes to the Customer as soon as the shipment is handed over to the carrier or freight forwarder or when it leaves LANG IBERIA’s warehouse for the purpose of shipment. If delivery is delayed as a result of circumstances for which the Customer is responsible, risk shall pass to the Customer on the day the Customer is notified that the shipment is ready for shipment. Any return shipment of goods that the Customer does not accept will be for the account and at the risk of the Customer, provided that LANG IBERIA is not responsible for the return shipment.
- Invoices must be paid by the Customer in full before the agreed payment date. LANG IBERIA shall be entitled to demand a deposit or prepayment irrespective of the Client’s terms and conditions of business. LANG IBERIA shall be entitled to set off payments made by the Client against previous debts. If costs and interest have already been incurred, to offset payments made against costs first, then interest and finally against the principal account. Payments shall only be deemed to have been paid once. LANG IBERIA may demand an interest of 5% p.a. above the bank rate charged at the time by the European Central Bank. LANG IBERIA reserves the right to make an additional claim for damages incurred. LANG IBERIA shall be entitled to pay the entire debt if the Client fails to meet its payment obligations or defaults on payment, or a cheque issued to LANG IBERIA is dishonoured or if the Client suspends payment of instalments or if an application is made to instigate, insolvency proceedings on its assets or if the Client has made an affirmation in lieu of an oath. Unforeseen events for which LANG IBERIA is not to blame, regardless of whether this should occur to LANG IBERIA or one of its suppliers, such as strike, blockade, accident damage, etc., shall entitle LANG IBERIA to withdraw from the contract or to extend the commencement of the rental period or the delivery date by the duration of the hindrance. The Client shall not be entitled to make a claim for damages or compensation as a result. If for purchases LANG IBERIA is not in a position to supply the Buyer with the goods at the end of a reasonable subsequent period for delivery set by the Buyer, the Buyer shall consequently be entitled to withdraw from the contract. If, after a second reminder of payment, the Buyer fails to pay part or all of the purchase price within the reasonable period of time set by LANG IBERIA, LANG IBERIA shall consequently be entitled to withdraw from the contract. If the purchaser has already used the equipment, LANG IBERIA shall be entitled to be reimbursed its expenses in accordance with the normal rental payable for the time the equipment has been in use.
II. Terms and conditions of Rental
- The renting customer shall comply with all obligations incumbent upon him and in connection with the possession or use and maintenance of the rented goods. He shall also observe the maintenance and operating instructions of the manufacturer and LANG IBERIA. He shall be liable for all damages to the rented goods and accessories caused by him or by third parties that occur during the rental period. The Customer shall be liable for accidental loss as well as accidental damage. In the event of total damage, the Customer is liable for the full replacement cost of the damaged material. In the case of theft, the hirer shall submit a report made by the police.
- The renting customer shall be obliged to notify LANG IBERIA of any possible defect or damage to the rental goods immediately.The renting customer shall be obliged to notify LANG IBERIA of any possible defects or damage to the rental goods immediately. In this case, provided that LANG IBERIA is responsible for the defect or damage, LANG IBERIA will have the opportunity to rectify the damage or defect to the rented equipment or provide other equivalent equipment. If the Client fails to notify a defect or damage, he will lose his right to a reduction of the rental fee. If the rented goods fail, compensation for damage shall be limited to the rental. Customer shall undertake to indemnify LANG IBERIA against all third party claims made against LANG IBERIA in connection with the rental of equipment. LANG IBERIA’s right to exemption against the Customer shall also include the costs incurred by the Customer to prevent third party claims.
- The renting customer shall be obliged to inform LANG IBERIA immediately, and to hand over all documents, if the rented equipment is illegally compromised or otherwise claimed by a third party. The Hirer shall bear the costs necessary to prevent such third party intervention.
- When the equipment is operated with software to be used, the software may only be used in accordance with the terms and conditions of the licensee. The Hirer shall indemnify LANG IBERIA against all claims for damages as compensation in case the software is not used in accordance with the terms and conditions.
- If, regardless of the reasons, Client withdraws from the rental contract, LANG IBERIA can demand cancellation costs (OV = order value): up to 30 days before the start of the rental: 30% of the OV: up to 14 days before the start of the rental: 40% of the OV: up to 8 days before the start of the rental: 50% of the OV and from 7 days before the start of the rental: 100% of the OV.
- Provided that no agreement to the contrary has been made, Client may return the rented equipment to LANG IBERIA immediately when the agreed rental period expires at his own cost and risk. If it is returned late, interest will be invoiced at a later date. In addition, if necessary, the Client shall pay the costs for LANG IBERIA to have to rent the same equipment in order to fulfil its obligations to other clients. If the rented goods are not returned in proper condition, the Customer shall, irrespective of any other claims for damages for compensation that may be asserted against him, be liable to pay the rental fee / cost at the time the rented goods are repaired.
III. Terms and conditions of Sales
- The delivered goods shall remain the property of LANG IBERIA until all accounts created by the business relationship, including all subsidiary claims, have been paid in full. The Buyer shall keep the property in a safe place for LANG IBERIA free of charge. The goods to which LANG IBERIA is entitled to ownership shall be described below as goods subject to reservation of title. The Buyer shall be entitled to sell goods subject to the reservation of title in proper business transactions provided that it is not in default with its payments. The Buyer shall only undertake to sell on the goods subject to the reservation of title until it has paid for them in full. The Buyer shall assign to LANG IBERIA here and now, as security and accounts created for resale or other legal reasons (e.g. insurance, illegal acts) in respect of the goods subject to reservation of title in the full final invoiced amount, including value added tax. LANG IBERIA accepts the assignment here and now. LANG IBERIA authorizes the Buyer to collect the accounts assigned to LANG IBERIA in its own name for the account of LANG IBERIA. LANG IBERIA may revoke this collection authorisation at any time if the Buyer does not fulfil its payment obligations properly. Upon request of LANG IBERIA, the Buyer shall disclose the assignment immediately and pass on to LANG IBERIA the information and documents necessary to collect the account. Commitment and assignment by sales invoice as security for third parties is not permitted.
- Should a defect in the goods arise within the warranty period, LANG IBERIA will replace or repair the defective part if the defect is notified in time. The warranty period is 12 months, provided that it is not a purchase of consumer goods and shall commence on the date of delivery. The part to be repaired will normally be repaired at LANG IBERIA’s premises, after the Buyer has returned them. The Buyer must notify the defect in writing immediately upon receipt of the goods and within one week of delivery at the latest. The delivered defective parts must be kept ready for inspection by LANG IBERIA in the condition they were in at the time the defect was notified. A breach of the above obligation shall invalidate any warranty claim made against LANG IBERIA. The provisions of the above regulation shall not apply to used equipment supplied without warranty. Insofar as the purchase of consumer goods is not involved, the obligation under a warranty shall last for 6 months. Further claims for damages shall not be admissible, provided that the damage incurred was not caused intentionally or by gross negligence on the part of LANG IBERIA or its agents.
IV. Terms and Conditions of Crew Booking
Mr. Daniel Voncina, as Legal Administrator and in the name and on behalf of the company Lang Iberia S.L.,
HEREBY GIVES NOTICE
That the company Lang Iberia S.L. suspends all activities that require the collaboration with freelance professionals until further notice.
That it will not resume them until there is absolute legal clarity as to how this legally mandated collaboration between freelancers and companies will be defined.
We inform that as members of APAC and other organisations that aim to define such collaborations between companies and professionals in the sector, it has been unanimously decided to take this decision.
As soon as the legal and contractual relationship between company and freelance professionals is legally clear, we will contact you to start working again, complying with the legal framework that will oblige both parties.
- The client may change the offer due to changes in the requirements of the service. This has a corresponding effect on the calculation of the final amount. Requested changes must be communicated in writing.
- If, regardless of the reasons, the Client withdraws from the contract for any reason, LANG IBERIA is entitled to claim damages for cancellation costs (VO = order value): up to 30 days before the start of the project 30% of the VO, up to 14 days before the start of the project 40% of the VO, up to 8 days before the start of the project 50% of the VO and from the 7th day until the start of the project 100% of the VO.
- Catering and transport: Catering costs are covered by the contractual partner and can be included in the offer. For projects lasting at least 7 hours, a flat rate catering fee will be charged. If the assignment lasts more than 10 hours, the catering fee will be doubled. The contractual partner must provide the requested personnel with sufficient water during the execution of the service. Travel expenses incurred shall be paid by the client.
- The service shall only be provided at the location specified in the order. Any change of location involving the transport of an employee must necessarily require the consent and agreement between LANG IBERIA and the contracting partner. The contracting partner shall be liable for any breach of this clause. This shall apply to claims for damages on the part of the employee of LANG IBERIA, who shall only be liable for the agreed service. The contracting partner shall also be liable to the authorities and shall be liable in case of non-compliance with the rules to be observed.
- The service shall only be provided for the functions and categories specified in the order. Any changes to the functions during the Service must be agreed in advance between LANG IBERIA and the contracting partner. The contracting partner shall be liable for any breach of this clause. This shall apply to claims for damages on the part of the employee of LANG IBERIA, who shall only be liable for the agreed service. The contracting partner shall also be liable to the authorities and shall be liable in the event of non-compliance with the regulations to be complied with.
- LANG IBERIA has a liability insurance that covers damages to persons and equipment. Liability for damages will NOT arise if the contracting partner or the (end) customer responsible for the organisation of the event has not taken the necessary safety measures. These can be in the form of markings or other danger signs or instructions for behaviour in the working areas. In principle, the insurance policy does not cover damage to objects operated by persons mediated by LANG IBERIA.
- The employees selected for an assignment have received adequate training and information for the event and have been informed by the organiser of all hazards that may occur as a result of the work.
- The instruction of the preventive and protective measures proposed during the event is carried out collectively, as well as the instruction of the individual protective equipment used during the provision of the service in this assembly phase. Any hazards on site that could result in an accident to third parties must be reliably reported so that appropriate precautions can be taken.
- Changes to our contracts must be made in writing.
If a provision of a contract is invalid, the validity of the remaining provisions remains unaffected.
The place of performance is LANG IBERIA.
C/ Trepadella 12
Jurisdiction JUDGES OF SABADELL,
Av. Francesc Macià, 34 – 36,
08208, Sabadell (Barcelona).
For services outside Spain, Spanish law is agreed.