Sale, delivery, rental or other services rendered by LANG-IBERIA S.L. (hereinafter known as "LANG IBERIA") shall be exclusive in accordance with the following terms and conditions, which shall be regarded as having been accepted by the Buyer or Hirer or Customer for Personnel Booking (hereinafter known as "Client") upon the receipt of the goods or service. Opposing regulations have to 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 service. The Buyer or Hirer accepts the sole validity of these general terms and conditions of business.
All offers made by LANG IBERIA shall be subject to change without notice and shall not be binding. Written offers made by LANG IBERIA shall only serve as invitation to the Client to submit a corresponding offer on his part. These offers will only be accepted by LANG IBERIA if they are confirmed in writing. The drawings, diagrams, dimensions, weights or other specifications belonging to an offer shall only be regarded as approximated values.
Deliveries are for the account and at risk of the Client. Risk is passed over to the Client as soon as the consignment is handed over to the haulier or freight forwarder or when it leaves the LANG IBERIA warehouse for the purpose for dispatch. If delivery is delayed as a result of circumstances for which the Client is to blame, the risk shall be passed over to the Client on the day on which he is notified that the consignment is ready for dispatch. Any return consignments of goods not accepted by the Client shall be for the account, and at the risk of the Client, providing that LANG IBERIA is not responsible for the return consignment.
Invoices have to be paid by the Client in full by the agreed payment date. LANG IBERIA will be entitled to demand a deposit or prepayment irrespective of the Client's terms and conditions of business. LANG IBERIA will be entitled to offset payments made by the Client against older debts. If costs and interest have already been occurred, to offset payments made against the costs first of all, then interest and finally against the main account. Payments will only be regarded as having been paid once. LANG IBERIA can demand Interest of 5 % p.a. above the bank rate charged at that time by the European Central Bank. LANG IBERIA reserves the right to assert a further claim for damages incurred. LANG IBERIA shall be entitled to make the entire debt payable if the Client either fails to honour his payment obligations or defaults, or a cheque issued to LANG IBERIA is dishonoured or if the Client discontinues with the payment of instalments or if an application is filed to instigate, insolvency proceedings on his 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 these should occur to LANG IBERIA or to one of his suppliers, such as strike, lock out, accident damage or etc., shall entitle LANG IBERIA to withdraw from the contract or to extend the beginning of the rental period or delivery date by the duration of the hindrance. The Client shall not be entitled to assert 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 by 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, following a second payment reminder, the Buyer does not pay part or the entire 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 equipment has already been used by the Buyer, LANG IBERIA shall consequently be entitled to have his expenses reimbursed in line with normal rent payable for the amount of time the equipment has been used.
II. Terms and conditions of hire
The Hirer shall have to comply with all obligations incumbent upon him and connected with the possession or use and maintenance of the rented goods. He shall also have to observe the manufacturer’s and LANG IBERIA’s maintenance and usage instructions. He shall be liable for all damage to the rented goods and accessories caused by him or by third parties occurring during the rental period. The Hirer shall bear responsibility for the accidental loss as well as accidental damage. In the event of a total damage, the Hirer is liable for the full cost of replacement of the damaged material. In the case of theft the hirer shall provide a report made by the police.
The Hirer shall be obligated to notify LANG IBERIA of any possible defects or damage to the rental goods immediately. In this case, provided that LANG IBERIA is to be made responsible for the defect or damage, LANG IBERIA is to be given an opportunity to rectify the damage or defect to the rented equipment or to provide other equivalent equipment. If the Hirer fails to notify a defect or damage, he shall forfeit his right to have the rental fee reduced. If the rented goods fail, the compensation for damage shall be limited to the rent. The Hirer shall undertake to exempt LANG IBERIA from all third party claims asserted against LANG IBERIA in connection with renting appliances. LANG IBERIA's right to exemption against the Hirer shall also include the costs incurred by the Hirer for warding off third party claims.
The Hirer shall be obliged to inform LANG IBERIA immediately, and to handover all documents, if the rented equipment is illegally pledged or a claim is otherwise made on it by third parties. The Hirer shall bear the costs necessary for warding off such third party intervention.
When the equipment is operated with the software to be used, the software may only be used in accordance with the terms and condition of the licence holder. The hirer shall exempt LANG IBERIA from all claims damages as compensation in the event that the software is not used in accordance with the terms and conditions.
If, irrespective of reasons, the Hirer withdraws from the rental agreement, LANG IBERIA may demand cancellation costs (OW = order value) - up to 30 days prior to the beginning of the rent: 30 % of the OW - up to 14 days prior to the beginning of the Rent: 40 % of the OW. - up to 8 days prior to the beginning of the rent: 50% of the OW and from 7 days up to the beginning of the rent: 100 % of the OW.
Provided that no agreement has been made to the contrary, the Hirer 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 subsequently. Besides which if necessary, the Hirer shall bear the costs for LANG IBERIA having to rent the same equipment to fulfil his obligations to other clients. If the rented goods are not returned in a proper condition, the Hirer - irrespective of other claims for damages for compensation which may be asserted against him - shall have to pay rental fee/cost for the time in which the rented goods are repaired.
III. Terms and conditions of sale
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 safe keeping for LANG IBERIA free of charge. 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 reservation of title in proper commercial transactions as long as he is not in default with his payments. The Buyer shall undertake only to sell on goods subject to reservation of title until he has paid for them in full. The Buyer shall assign to LANG IBERIA here and now, as a security and accounts created by the resale or other legal reasons (e.g. insurance, illegal acts) with regard to the goods subject to reservation of title in full amount to the final invoiced amount including value added tax. LANG IBERIA accepts the assignment here and now. LANG IBERIA authorises the Buyer to collect the accounts assigned to LANG IBERIA in his own name for the account of LANG IBERIA. LANG IBERIA can revoke this collection authorisation at any time if the Buyer does not fulfil his payment obligations properly. Upon request by LANG IBERIA, the Buyer shall disclose the assignment immediately and pass over to LANG IBERIA the information and documents required to collect the account. Pledging and assignment by bill of sale as security for third parties is not allowed.
Should a defect in the goods arise within the warranty period, LANG IBERIA shall 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 begin on the date of delivery. The part to be repaired shall normally be repaired at LANG IBERIA's premises, having been returned by the Buyer. The Buyer must notify the defect in writing immediately upon receipt of the goods and within a week of delivery at the latest. The defective parts delivered are to be kept ready for inspection by LANG IBERIA in the condition in which they are in at the point in time at which the defect was notified. A breach against the above obligation shall invalidate any warranty claim asserted against LANG IBERIA. The arrangements in the above regulation shall not apply for used equipment supplied without a warranty. Provided that it does not concern the purchase of consumer goods, the obligation under a warranty shall exist for 6 months. No other claims for compensation for damages shall be admitted, provided that the damage incurred has not been caused intentionally or through the gross negligence of LANG IBERIA or its agents.
IV. Terms and conditions of Crew Booking
The offer can be changed by the client due to changes in the service requirements. This has a corresponding effect on the calculation of the final amount. The requested changes must be communicated in writing.
If, irrespective of reasons, the Client withdraws from the contract for any reason whatever, LANG IBERIA shall be entitled to claim damages for cancellation costs (OV= order value): up to 30 days prior to the start of the project 30 % of the OV, up to 14 days prior to the start of the project 40 % of the OV, up to 8 days prior to the start of the project 50 % of the OV and from the 7th day until the start of the project 100 % of the OV.
Catering and transport:
The costs for catering 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 longer than 10 hours, the catering fee will be doubled. The contractual partner must provide the ordered personnel with sufficient water during the execution of the service.
Travel costs incurred will be paid by the client.
The service will only be provided at the location specified in the order. Any change of location implying the transport of an employee shall necessarily require the consent and agreement between LANG IBERIA and the contracting party. The contracting partner shall be liable for any breaches of this clause. This shall apply to claims for damages on the part of LANG IBERIA's employee, who shall only be liable for the agreed service. The contracting party shall also be responsible to the authorities and shall be liable in the event of a breach of the regulations to be complied with.
The service shall only be provided for the functions and categories specified in the order. Any changes to functions during the Service must be agreed in advance between LANG IBERIA and the contracting partner. The contracting partner shall be liable for any breaches of this clause. This shall apply to claims for damages on the part of LANG IBERIA's employee, who shall only be liable for the agreed service. The contracting party shall also be responsible to the authorities and shall be liable in the event of a breach of the regulations to be complied with.
LANG IBERIA has liability insurance which covers damage to persons and equipment. A liability for damages shall NOT arise if the contractual partner or the (end-)customer responsible for the organisation of the event has not taken the necessary security measures. These can be in the form of markings or other signalisations of dangers or instructions for behaviour at the work 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 the appropriate training and information for the event and have been informed by the organizer of all dangers which 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 hazard in the venue which could result in an accident for third parties must be reliably reported so that appropriate precautions can be taken.
Changes to our contracts must be made in writing. Should a provision in a contract be invalid, the validity of the remaining provisions shall remain unaffected.
The place of fulfilment is LANG IBERIA
Pol. Industrial Can Roqueta, C/ Can Pobla 3 08202 Sabadell
Jurisdiction JUZGADOS DE SABADELL, Av. Francesc Macià, 34 - 36,
08208, Sabadell (Barcelona).