General Conditions of Sale (GTC)

GENERAL CONDITIONS FOR SALE AND SERVICE BENEFITS

1 – SCOPE OF APPLICATION

MADEX EVENTS, SAS, registered in the RCS of Paris under number 938 489 473, residing 10 rue de Penthièvre 75008 Paris, (hereinafter referred to as the « PRESTATARY), specializing in the creation and arrangement of temporary and/or permanent spaces such as, without this list being exhaustive, exhibition stands, event and performance sets, showrooms – boutique, restaurants/bars and receptive spaces.

These general conditions of sale govern the contractual and commercial relations between PRESTATAIRE and its customers (hereinafter referred to as « CUSTOMER ») for any service, sale and/or rental of product and service.

These Terms and Conditions replace any other CUSTOMER document, written agreement or prior oral agreement, including the general terms and conditions of purchase or rental of the CUSTOMER in all their terms.

2 – ORDER

Any order from the CUSTOMER must be made either by accepting a quote or by signing an order form in accordance with our estimate. By way of derogation from the above provisions, the payment by the CUSTOMER of the deposit referred to in our estimate will be acceptable to the PRESTATARY estimate.

Only a written confirmation of the order by the PRESTATAIRE will be required.

Orders are firm and definitive. In the event of the cancellation of an order by a CUSTOMER for any reason, the CUSTOMER undertakes to pay the full price of the order

3 – RATES AND PAYMENT CONDITIONS

Tariffs

The rates for the services are set out in the estimates and are expressed in euros excluding taxes (HT). They are firm and non-revisable during their validity period. The applicable VAT rate will be added according to the legislation in force.

3.2 Conditions of payment

A deposit equal to 50% of the total price of the order is required upon validation and acceptance of the order, the balance must be paid upon delivery, unless otherwise agreed on the quotation or on the confirmation of the order.

Payment of benefits shall be made by bank transfer or by any other accepted method of payment, in accordance with the conditions set out in the estimate.

3.3 Late payment

Payments must be made within:

30 days from the billing date. In case of late payment, late payment penalties will be applied:

– A delay penalty equal to 12 per cent per year;

– A delay penalty for recovery costs equal to 40 euros;

– the termination of the term and the immediate enforceability of all remaining amounts due and not due.

The Customer will have to reimburse all costs incurred in recovering the amounts due, including the fees of departmental officers. Any invoice recovered by the Litigation Service shall be increased, as a clause, by an indemnity fixed at 14.5% of the amount of the claim not covered at maturity.

In addition, failure to pay at maturity may result in the suspension and/or automatic termination of any pending order, without prejudice to any damages that may result.

 

5 – ORDER AMENDMENTS

Any change in the order, whether in terms of design, stand size, additional services or deadlines, must be requested in writing and confirmed by the PRESTATAIRE. If these changes result in additional costs, a new estimate will be issued.

 

6 – MISCELLANEOUS OBLIGATIONS

The CUSTOMER undertakes that the site on which the equipment is to be installed will comply with the legal and regulatory conditions in force for the proposed operation and have obtained the necessary authorizations for the installation and operation of the equipment ordered. The CUSTOMER undertakes to identify and ensure the PRESTATARY of all harmful consequences which may result from non-compliance with these provisions.

The CUSTOMER undertakes that the site on which the equipment is to be installed shall be free of access to the PRESTATARY and any representative of the PRESTATARY, both during the period of assembly and dismantling and during the period of installation of the equipment.

The CUSTOMER undertakes not to make any modifications even minimal on the facilities provided by the PRESTATARY.

PRESTATARY disclaims any liability incurred for damage arising from modifications made by the CUSTOMER to the facilities provided by PRESTATARY

The CUSTOMER undertakes to use the leased equipment in accordance with its destination, and to restore it in good condition of use, cleanliness and no deterioration, failing which the CUSTOMER will be obliged to reimburse all costs of repair. In case of impossibility of refurbishing or restitution of the leased equipment, the latter will be charged at their new value.

The CUSTOMER undertakes to return the material free of any object.

 

7 – PROPERTY – TRANSFER OF RISKS

The creations made by the PRESTATAIRE (design, plans, visual concepts, etc.) remain the exclusive property of the company until full payment of the order.

Reproduction or use without prior authorization is prohibited.

The customer is entitled to use the creations exclusively as part of the event for which they were made.

The equipment leased by PRESTATAIRE remains its entire property.

The equipment sold by PRESTATAIRE remains its entire property, until full payment of the price, in principal and interest. However, the transfer of the risk of loss and/or deterioration of the equipment will be carried out as soon as it is made available in our workshops or when the PRESTATARY gives it to the carrier.

 

8 – INSURANCE – LIABILITY

The CUSTOMER is required to take full risk insurance until full payment of the equipment sold.

Similarly, the CUSTOMER is required to take insurance against theft and any risks of deterioration of the equipment given for hire throughout the duration of the lease.

The PRESTATARY declines all responsibility for documents, objects, samples, photos and materials or other materials in/under/on leased/sold equipment, even in the event that the equipment is disassembled and returned by the PRESTATARY.

The CUSTOMER entrusts to PRESTATAIRE the custody of his stand at his premises or annexes is required to take out insurance against all risks of loss and deterioration.

The PRESTATARY shall in no case assume liability for any indirect damages suffered by the CUSTOMER in connection with the order, such as financial or commercial damage, loss of customers or savings, any commercial disturbance, loss of profit, loss of brand image.

In any event, in the event that, on the occasion of the order, the PRESTATAIRE's liability was to be incurred, in any capacity and for any reason whatsoever, any damage whatsoever, the latter shall be strictly limited to a sum equal to the price or the portion of the price of the order actually paid and judicially recognized as being unexecuted or defective.

 

9 – MAJOR FORCE

If, as a result of a case of force majeure as recognized by the courts, untimely, on a foreign/independent basis, the PRESTATAIRE was forced to no longer be able to fulfil his obligations, the performance of his obligations would be suspended until such impossibility had disappeared, without such suspension being able to exceed 14 days.

If the suspension of its obligations as a result of a case of force majeure were to exceed the above-mentioned period, this contract would be terminated, being specified that all costs incurred by the PRESTATAIRE will remain the responsibility of the CUSTOMER.

10 – PERSONAL DATA

PRESTATARY undertakes to respect the confidentiality of its customers' personal data. This information will only be used in order management and will not be passed on to third parties without the customer's prior consent.

 

11 – APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms and Conditions are governed by French law. In the event of a dispute, the parties undertake to attempt to resolve their dispute amicably. In the absence of agreement, the competent court shall be that of the registered office of the PRESTATARY