General conditions for the provision of services and rental of equipment
I.Identification of the parties and purpose of these General Conditions
AGRIFLIGHT is the commercial name under which Mr LAURENCIN Arnaud, established in Belgium at 3090 Overijse, Vlierbeekberg 108 and registered with the BCE (Banque Carrefour des Entreprises) under number 0775.591.709, carries out his activities.
Telephone: +32 456382336
Email: arnaud@agriflight.be
IBAN: BE 7320 6151 1791
BIC: CREGBEBB
These general conditions apply to all services provided by AGRIFLIGHT to the customer, to the exclusion of all other provisions (in particular the customer's general purchasing conditions). The parties may, however, agree to deviate from these general conditions subject to specific provisions in the quote or order confirmation issued by AGRIFLIGHT and accepted by the customer.
The quote as accepted by the customer or the order as confirmed and these general conditions constitute the entire agreement binding the parties. By accepting the quote and/or placing an order, the customer acknowledges having read these general conditions and having accepted their application within the framework of the services provided by AGRIFLIGHT.
The AGRIFLIGHT general conditions can be downloaded at any time in PDF format from the website: www.agriflight.be.
Within the limits provided by law, AGRIFLIGHT reserves the right to modify these general conditions at any time, depending on the evolution of the applicable rules and its own needs. In the event of a major modification, AGRIFLIGHT notifies the new version of the General Conditions to its customers. If there is no reaction within 15 Working Days, the modifications are deemed accepted.
II.Definitions
The terms listed below have a particular meaning within the meaning herein:
“Acceptance”: acknowledgment by the Customer that the Services provided by AGRIFLIGHT comply with the specifications defined in the Order;
“Customer”: any entity (public or private, natural or legal person) which subscribes to the Contract with a view to obtaining the Services specified in the Order;
“Order”: the quote or order as accepted by the Customer and AGRIFLIGHT identifying the Services to be provided by AGRIFLIGHT and, where applicable, certain technical and functional specifications (specifications if applicable). ) as well as any special terms and conditions for carrying out the Services;
“General Conditions”: the latest version of the general conditions of AGRIFLIGHT as transmitted to the Customer during the Order or notified subsequently to the Order and approved by the Customer;
“Contract”: the combination of the Order and the General Conditions, constituting the entire agreement between the Parties governing the provision of the Services;
“Documentation”: any document or instruction provided by AGRIFLIGHT containing the material and technical requirements concerning the use of the Equipment, the description of the main characteristics of the Equipment and the technical requirements for correctly maintaining and storing the Equipment.
“Intellectual Property Rights”: all patents, copyrights, rights to designs or models, trademark rights, trade names, business secrets, know-how, sui generis rights to databases, and any other rights of an intangible nature (registered or not) and all applications thereof, throughout the world;
“Force Majeure”: any unforeseeable event which hinders the execution of the Services, such as bad weather, fire, earthquake, power outages or telecommunications networks, explosions, civil unrest, government or regulatory measures, lack of equipment or materials, unavailability of means of transport, acts or omissions of third parties, or any other event beyond the reasonable control of AGRIFLIGHT and which cannot be overcome by the adoption of reasonable measures;
“Confidential Information”: any information relating to trade secrets, Intellectual Property Rights and know-how, market opportunities and customers of AGRIFLIGHT;
“Business Day”: any day between Monday and Friday, between 9:00 a.m. and 5:00 p.m. (CET), excluding legal public holidays in Belgium;
“Deliverable”: any document, material or creation of any nature whatsoever which is expressly identified in the Order as to be provided by AGRIFLIGHT in the performance of the Services;
“Equipment”: all Equipment (including its accessories) made available to the Customer by AGRIFLIGHT, exclusively for the purposes authorized by AGRIFLIGHT and upon payment of the price, compliance with the conditions agreed in the Order as well as
that of the Documentation provided;
“Client Component”: any component, content, information, data or software provided by the Client to AGRIFLIGHT for its incorporation or use in the Services, in accordance with the specifications provided in the Order;
“Services”: all the services provided by AGRIFLIGHT in the performance of the Contract, as defined in the Order, including any Deliverables to be provided to the Customer by AGRIFLIGHT;
III.General provisions
Article 1. Nature of obligations and methods of execution
AGRIFLIGHT undertakes to use its best efforts in the execution of the Services entrusted by the Customer. The commitments entered into by AGRIFLIGHT are exclusively obligations of means.
Upon receipt of a request for Services by a Customer, AGRIFLIGHT analyzes the scope of the request and draws up an estimate describing the scope and the technical and functional specifications of the Services (with specifications if applicable) and submits it to the Customer approval.
Unless expressly stated otherwise, the estimate is valid for ten (10) Business Days from the date of issue.
Once the estimate has been accepted, the Order is confirmed and the Contract is concluded between the Parties.
The Order details the Services and specific needs forming part of the contractual framework binding the Parties. No service may be demanded by the Customer if it is not expressly included in the Order.
If, during the execution of the Contract, the need for additional services appears, the purpose of these will either be determined by a new estimate to be accepted by the Customer, or by an unequivocal written exchange between the Parties. Unless expressly provided otherwise, these General Conditions will apply to the additional services to be provided by AGRIFLIGHT.
Article 2. Deadlines
Unless otherwise agreed in the Order, all dates and deadlines mentioned in the Contract commit AGRIFLIGHT to use its best efforts to comply with them. The Client is, however, aware that the execution of the Services may be subject to the vagaries of weather conditions and in this regard releases AGRIFLIGHT from any liability in the event of a delay attributable to weather conditions making it impossible to perform the Services in good conditions. .
In the event of a request to postpone a deadline or date agreed in the Order by the Customer, the Parties will negotiate in good faith in order to establish new deadlines acceptable to both Parties. However, if this request for postponement occurs 2 days before the start date for execution of the Services initially agreed, AGRIFLIGHT will be entitled to claim compensatory compensation in an amount equivalent to 30% of the total amount of the Order.
Article 3. Execution and acceptance of the Services and delivery of the Deliverables
AGRIFLIGHT performs the Services in accordance with what is agreed in the Order.
If the execution of the Services involves the provision by AGRIFLIGHT of Deliverables to the Customer, these are delivered in accordance with the terms defined in the Order.
Once the Deliverables have been delivered and the Services executed, the Customer will have a period of 10 Working Days to notify AGRIFLIGHT of any observations regarding the conformity of the Deliverables and Services with the Order. In the absence of observations within the aforementioned period, the Customer will be deemed to have approved the Deliverables and the Services.
If necessary, AGRIFLIGHT will adapt the Deliverables and the Services to respond to the observations made. This provision of the adapted Deliverables and Services automatically entails the approval of the Client, unless the latter demonstrates within 3 Working Days that the adapted Deliverables and Services still do not respond to the observations made.
Article 4. Customer Obligations
The Customer acknowledges that the implementation of certain aspects of the Contract may depend on its cooperation. The Customer undertakes, with a view to the proper performance by AGRIFLIGHT of its obligations, to:
guarantee AGRIFLIGHT easy, secure and sufficient access to the locations necessary for the performance of the Services on the dates and times agreed between the Parties;
ensure that the persons concerned are informed of the performance of the Services on the dates and times agreed between the Parties so that they do not interfere with the performance of the Services;
provide AGRIFLIGHT with any information, assistance or support requested by AGRIFLIGHT within a reasonable time;
cooperate in good faith throughout the performance of the Services;
ensure that you hold all authorizations, of whatever type, necessary for the places, buildings, objects, information or people that appear in the Deliverables or Services requested to be able to do so.
appear lawfully and without infringing the rights of third parties;
Unless expressly agreed otherwise in the Order, the Customer accepts that his name and/or that the project be mentioned by AGRIFLIGHT in any communication, in any form and on any medium whatsoever, in accordance with commercial usage in force.
Article 5. Intellectual Property Rights
AGRIFLIGHT remains the holder of the Intellectual Property Rights (on the Services, including the Deliverables and the processes used as a result of the use of the Components). Unless expressly agreed otherwise in the Order, AGRIFLIGHT is therefore free to reuse any element of the Services and Deliverables in the context of similar services provided to third parties, or to incorporate these Services or Deliverables in whole or in part as a component in any product developed/marketed by AGRIFLIGHT.
Upon full payment of the price agreed in the Order and provided that the Services and Deliverables have been accepted by the Customer, AGRIFLIGHT grants the Customer a personal, non-exclusive and non-transferable operating license for all Rights Intellectual Property held by AGRIFLIGHT relating to the Deliverables mentioned in the Order. The territorial scope and duration of this license are defined in the Order or, failing that, the license is deemed granted for the territory of Belgium and for a duration covering the duration of the Intellectual Property Rights on the Services / Deliverables Covered.
Unless otherwise provided in the Order, this license is granted within the limits of what is necessary for the Customer's internal needs, excluding any use for the benefit of third parties.
In the event that a third party claims any right (in particular intellectual property) over all or part of a Deliverable, AGRIFLIGHT undertakes to modify the Deliverable in order to replace any disputed element with a royalty-free element or to negotiate with the third party the right for the Client to continue to exploit said Deliverable. No other form of compensation will be owed to the Customer by AGRIFLIGHT.
Article 6. Client component to be integrated into the Services/Deliverables
If the subject of the Contract implies that elements are made available to AGRIFLIGHT for the execution of the Services, the elements provided remain the property of the Customer, who alone bears the risks of deterioration, loss or theft.
Customer grants AGRIFLIGHT a non-exclusive, non-transferable, royalty-free license to use the Customer Component for the sole purpose of performing the Services in accordance with the Agreement, to the exclusion of any other use for any purpose unless authorized in writing client.
When the Client delivers the Client Component for integration or use in the Services or Deliverables, the Client assumes sole responsibility for the use of said Client Component in the Services/Deliverables.
The Customer also ensures that it provides AGRIFLIGHT with Components that comply with the technical constraints and/or minimum quality requirements required based on the choices made in the configuration of the Services and Deliverables, in accordance with the specifications contained in the Order. Particularly in this regard, the Client's collaboration constitutes an essential element for the successful completion of the Services.
The Intellectual Property Rights held by AGRIFLIGHT on the Services and Deliverables in accordance with Article 5 do not include the rights to the Client's Component which remain in any event the exclusive property of the Client.
Article 7. Guarantee of eviction
The Client guarantees AGRIFLIGHT against any recourse from third parties who consider that its rights (including its Intellectual Property Rights) are violated due to the subject of the Services and/or Deliverables requested by the Client from AGRIFLIGHT or due to the use by AGRIFLIGHT of Components provided by the Customer in the performance of the Services. In particular, the Customer will be responsible for:
all damages owed to the claiming third party, including advice costs and all costs linked to any procedure, such as in particular the costs of a bailiff or legal expert, procedural compensation;
all costs incurred by AGRIFLIGHT to protect its interests (in particular technical advice costs, lawyers' fees, including during the negotiation of an amicable settlement – AGRIFLIGHT preserving its free choice of advice, mediation costs and arbitration);
all costs related to the immediate replacement of AGRIFLIGHT equipment which has been the subject of a seizure measure or any other measure rendering this equipment permanently or temporarily unusable for AGRIFLIGHT.
Article 8. Price and payment
8.1. Prices of Services
In return for the Services, the Client will pay AGRIFLIGHT the price set in the Order, and, where applicable, in any additional Order.
All prices and costs mentioned by AGRIFLIGHT are excluding VAT. Unless otherwise provided in the Order, any delivery costs are the responsibility of the Customer. The Customer shall be responsible for and shall pay all other taxes, duties, or similar charges of whatever nature levied, assessed, charged or collected, for or in connection with the Services provided.
The recurring nature of certain prices (rental services, for example) will be mentioned in the Order, if applicable. In this case, AGRIFLIGHT is free to modify its prices by notifying the Customer by email at least three months before the end of the current contractual period.
Likewise, AGRIFLIGHT will be free to pass on any price increase from its subcontractor(s), even during the contractual period. In this case, however, the Customer will benefit from the right to terminate the Services concerned, without compensation, within the month following notification of the price increase justified by a change in the prices of the subcontractor(s).
8.2. Payment terms
Unless expressly stated otherwise in the Order, the fixed price set in the Order is payable in cash in installments:
- 30% of the price upon signing the Order, as a deposit;
- 70% after Acceptance of the Services or the last Deliverable by the Client.
The execution of the Services only begins after receipt of the deposit payment (35%) made by the Client. The balance of the price will be invoiced upon Acceptance of the Deliverables in accordance with Article 4. Notwithstanding the provisions of Article 3, payment is deemed to constitute Acceptance of the Services, unless the Client expressly expresses reservations before paying.
However, when Services are provided on a continuous basis (rental, for example), monthly invoicing in advance will be sent to the Customer.
All invoices are payable no later than 30 days from the date of issue of said invoice.
In the event of late payment, any amount due and not paid in due time bears, automatically and without prior notice or reminder, interest at the legal rate. The amount due will also be, automatically and without prior notice, increased by ten percent (10%), as a conventional fixed and non-reducible compensation and a fixed compensation of €40 for recovery costs.
In the event of contestation of an invoice by the Customer, the latter must indicate in writing the reasons why he disputes all or part of the amounts covered by this invoice within a reasonable period, in no case exceeding ten (10) Working Days.
Article 9. Responsibilities
Unless expressly provided to the contrary, AGRIFLIGHT's obligations under this Contract constitute obligations of means.
Each Party will compensate the other Party for any direct damage caused to it by non-compliance with the obligations of this Contract.
The Parties are therefore not liable for indirect damage such as loss of profit, loss of production, revenue, customers, contracts, loss of profits, any damage to reputation or any disruption to planning.
In any event, AGRIFLIGHT's total liability for direct damages resulting from a violation of this Agreement is limited to a maximum amount of compensation (in principal, interest, court costs, attorneys' fees) equivalent to 40% of the amount (excluding VAT) included in the Order covering the disputed services.
AGRIFLIGHT will not be responsible for any delay or failure in the performance of the Services when this is attributable to a failure by the Client to fulfill its own obligations.
Article 10. Force Majeure
No Party may be considered to be in default of executing this Contract if its execution is prevented or delayed by a case of Force Majeure.
The Party invoking Force Majeure shall immediately inform the other Party in writing. Each Party shall take all reasonable measures to limit the damage resulting from such a case of Force Majeure and to reduce the delay caused by it.
As of this notification, the Party invoking the Force Majeure event is exempted from the performance of its obligations which are absolutely prevented, limited, or compromised due to this Force Majeure event and this Party will not be considered to be in default of performance nor will it be subject to any liability.
If the Force Majeure continues beyond twenty (20) Business Days or if the Party invoking the Force Majeure event informs the other Party of the fact that it becomes reasonably certain that it will no longer be able to perform one's obligations under this Agreement, the Parties undertake to negotiate in good faith in order to find a reasonable solution.
Article 11. Subcontracting
AGRIFLIGHT is free to subcontract with third parties of its choice, all or part of the obligations related to the Services provided under the Contract, without authorization or prior information from the Client.
Article 12. Penalties
Without prejudice to article 9, in the event of failure to pay the amounts due on the agreed due dates, or if the Client fails to perform its obligations under this Contract, AGRIFLIGHT reserves the right to suspend the provision of the Services and to demand the full amounts due in accordance with the Order before any resumption of the Services.
In the event of flagrant violation of this Contract by the Customer, AGRIFLIGHT may also terminate the Contract in accordance with article 16 of these General Conditions.
Article 13. Confidentiality
In the execution of this Agreement, each Party may have access to Confidential Information concerning the other Party.
In such a case, each Party:
ensures, with the greatest care and discretion, to avoid the disclosure, publication or transmission of Confidential Information;
uses Confidential Information only for the purposes for which such information was disclosed under this Agreement;
preserves the confidentiality of Confidential Information;
ensures that access to Confidential Information is limited to those directors, agents, employees, professional advisors who have a reasonable need to know such Confidential Information and who are bound by a written obligation of confidentiality at least similar to the obligations contained in this Agreement before that they cannot have access to Confidential Information
is responsible for any violation of this confidentiality obligation by its directors, agents, employees, professional advisors, or subcontractors.
The obligation of confidentiality is not applicable to any Confidential Information which:
is or becomes publicly available without any act or omission on the part of the Receiving Party (or any other person for whom the Receiving Party is responsible under this section);
was lawfully in the possession of the Receiving Party prior to its disclosure and which was not obtained by the Receiving Party directly or indirectly through the other Party;
is lawfully disclosed to the Receiving Party by a third party who is not bound by a disclosure ban;
is developed independently by the receiving Party, without any exploitation of the Confidential Information disclosed in the execution of this Contract;
In the event of disclosure of Confidential Information, the receiving Party takes the necessary measures to limit the consequences of such disclosure and informs the other Party immediately, specifying the measures taken to enable the other Party to take all necessary measures to preserve its interests.
Upon termination of this Agreement, the receiving Party shall immediately destroy or return to the other Party all Confidential Information in its then possession.
The obligation of confidentiality subsists throughout the duration of the Contract and beyond, as long as the Confidential Information is not in the public domain.
Article 14. Protection of personal data
As part of the execution of the Contract, personal data relating to the Customer (contact data and billing data) are processed by AGRIFLIGHT in accordance with Regulation 2016/679 on the protection of personal data (GDPR) and the Belgian legislation applicable to data protection.
Agriflight processes your contact data (surname, first name, address or registered office, email address, telephone number, VAT number) and your billing data (IBAN account number) as well as any other personal data that you communicate to it and which is necessary for the performance of the Services.
Agriflight processes your data for the following purposes:
Execution of the contractual relationship and pre-contractual obligations of Agriflight
Request for quote or information regarding Agriflight’s activities and services;
Customer management ;
Performance of the Contract and the Services;
Invoicing and collection of invoices;
Possible litigation
Compliance by Agriflight with its legal obligations;
Compliance with accounting and tax obligations;
Any other legal obligation or injunction to which Agriflight may be subject
Information relating to the activities and services offered on Agriflight, based on its legitimate interest.
Your data is processed for the entire duration of the contractual relationship and are kept for ten (10) years. Tax and accounting data are kept for a period of seven (7) complete tax years.
AGRIFLIGHT does not transmit your data to third parties, unless expressly authorized by you, with the exception of data which may be communicated to the following third parties for the purposes of the Contract:
to the tax and social administrations, to the social secretariat;
to the accountant;
to the post office or any similar company responsible for the distribution of letters or parcels;
to AGRIFLIGHT's subcontractors or partners, if this is necessary for the proper performance of the Services;
to AGRIFLIGHT prospects in the context of its commercial communications illustrating past projects (Client name only);
to a counsel or a bailiff.
The data is exclusively stored on servers located within the European Union or with a service provider guaranteeing an adequate level of data protection.
The Customer may, upon written request and proof of his identity, exercise the rights set out below:
Right of access and rectification of data;
Right to object to processing carried out on the basis of legitimate interest;
Right to withdraw consent for processing carried out on this basis (without calling into question past processing);
Right to erasure of data or restriction of processing within the limits provided for in Articles 17 and 18 of the General Data Protection Regulation
Right to data portability in order to receive your data in a structured format and to transmit it to another data controller.
The Customer may exercise his rights by writing directly to AGRIFLIGHT, which will make every effort to respond to the request as soon as possible.
The Customer may also contact the Data Protection Authority at the following address: 1000 Brussels, Rue de la Presse, 35 (Tel. + 32 2 213 85 40 - Fax + 32 2 213 85 65 – contact@ apd-gba.be).
Article 15. Communication
Any communication/notification/information/notice within the framework of the execution of this Contract must be made by post or by email, for AGRIFLIGHT at the addresses given in these General Conditions and in the Order and, for the Customer, at the contact details indicated on the estimate or communicated to AGRIFLIGHT when placing the Order.
In the event of a change in contact details, each Party will communicate, without delay, its new contact details to the other Party.
Article 16. Duration and end of the Contract
The Contract comes into force on the date of signature or confirmation by the Customer of the Order. It ends on the date provided for in the Order or from the execution of all the Services and full payment of the price agreed in the Order.
Unless expressly stipulated to the contrary in the Order, the Customer may terminate the performance of the Services before their complete delivery upon payment to AGRIFLIGHT of early termination compensation which will be calculated on the following basis:
The compensation will be equal to 30% of the price stipulated in the Order if the execution of the Services has not started at the time of termination;
The compensation will be equal to 50% of the price stipulated in the Order if termination occurs when less than half of the Services have been performed in accordance with what is defined in the Order;
The compensation will be equal to 100% of the price stipulated in the Order if termination occurs when half or more of the Services have been performed in accordance with what is defined in the Order.
Each Party has the right, without prejudice to its other rights or remedies, to terminate this Agreement with immediate effect, without the need for legal action, by written notice to the other Party in the event that the latter :
becomes insolvent, files for bankruptcy or is declared bankrupt, or is subject to judicial liquidation proceedings;
Without prejudice to any compensation that may be claimed for damages from such violations, AGRIFLIGHT may, unilaterally and with immediate effect, without prior legal recourse,
suspend the performance of its obligations if the Customer does not pay an invoice on time;
suspend the execution of its obligations if the Client does not provide the support or collaboration necessary for the execution of the Contract;
terminate the Contract if the Customer violates one of its obligations and does not remedy this breach within 20 Business Days following the written notification sent by AGRIFLIGHT requesting it to do so.
Notwithstanding the termination of the Agreement, the provisions relating to Intellectual Property Rights, confidentiality and liability remain in force.
Article 17. Miscellaneous provisions
17.1. Entire Agreement
These General Conditions, as well as the Order and all the annexes mentioned therein if applicable, represent the entire agreement of the Parties and replace any agreement, communication, offer, proposal or correspondence, verbal or written, previously exchanged or concluded between the Parties and relating to the subject matter of this Agreement.
17.2. Waiver
The fact that a Party waives, expressly or implicitly, the violation of a condition, obligation or clause of this Contract cannot be interpreted as a waiver of any subsequent or continuing violation of this condition, obligation or clause of the Contract of the same or different nature.
Any waiver, consent or approval of any nature regarding any breach, violation, defect, provision or condition of the Contract must be in writing and is strictly limited to the subject matter of this writing.
17.3. Severability, invalidity or nullity of a clause
The provisions of this Contract which violate a legal or regulatory provision of public order or mandatory are deemed unwritten, without this nullity affecting the validity of the Contract as a whole.
In this case, the Parties undertake to replace this invalid provision with a provision of equivalent economic effect or, at the very least, as close as possible to the effect of the invalid provision.
17.4. Applicable law and competent courts
This Contract, including the Order (and its possible annexes where applicable), is governed exclusively by Belgian law.
Where applicable, all disputes arising from this Contract or in connection with it will be submitted exclusively to the competent courts of the district of Namur (Belgium).
IV. Provisions specific to certain Services
The provisions of this section are added to those of the preceding sections when the Services concerned are referred to below. In the event of a contradiction between the general provisions of the preceding sections and the specific provisions set out below, the specific provisions prevail.
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Article 18. Equipment rental service
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18.1. Right of use
Subject to full and timely payment of the price as stipulated in the Order, AGRIFLIGHT grants the Customer a limited, non-exclusive, personal and non-transferable right to use the Equipment for the duration of the Contract and within the limits set by this Agreement.
18.2. Rental guarantee
The Customer pays the amount of the rental guarantee indicated in the Order into the AGRIFLIGHT bank account as mentioned in the Order.
Before delivery of the Equipment is made, the Customer provides AGRIFLIGHT with proof of payment of the rental guarantee.
The rental guarantee is refunded to the Customer once AGRIFLIGHT acknowledges receipt of the Equipment at the end of the Agreement, provided that the Customer has complied with all its obligations under this Agreement.
In the event that the Customer has not fulfilled all of its obligations under this Agreement, AGRIFLIGHT deducts from the rental guarantee the amounts due to AGRIFLIGHT as compensation for all damages arising from such violation of the Agreement.
18.3. Delivery
AGRIFLIGHT delivers the Equipment to the Customer at the delivery location and delivery date mentioned in the Order.
The delivery date specified in the Order is only indicative and does not give rise to any compensation in the event of late delivery.
Upon delivery, the Customer signs a delivery note attesting to receipt of the Material.
18.4. Ownership and risk transfers
The Material is and remains the property of AGRIFLIGHT.
No right, title or interest, other than the right to use the Material in accordance with the use described in the Order, is transferred to the Customer.
The transfer of risks on the Equipment takes place at the time of actual delivery of the Equipment to the place of delivery defined in the Order.
From the date of delivery and for the entire duration of this Contract, the Customer is solely responsible for any risk of damage, loss, theft, partial or total destruction of the Equipment, even if the damage to the Equipment is caused by an event of Force Majeure.
The Customer protects and defends, at its own expense, AGRIFLIGHT's ownership right to the Material and opposes any legal proceedings and/or charges whatsoever, including, without limitation, liens, seizures, levies , executions. In the event of a complaint by a third party regarding the Equipment, the Customer immediately notifies AGRIFLIGHT in writing. The Client indemnifies AGRIFLIGHT for any damage caused by the Client's inaction.
AGRIFLIGHT has the right, upon reasonable prior notice and during normal working hours, to access the premises in which the Material is stored and/or used to establish its existence, its condition and the appropriate use made of it.
18.5. Conditions of use and storage of the Material
The Customer must ensure that the use of the Equipment complies with the specifications of the Equipment, technical requirements, and good practices as described in the Documentation provided by AGRIFLIGHT. He undertakes to use the Material with the greatest care.
The Customer undertakes to comply with all laws and regulations, applicable in the country where the Customer is established, governing the use, operation and possession of the Equipment.
The Customer is not authorized to make the Material available to a third party without the prior written consent of AGRIFLIGHT.
The Customer is not authorized to pledge the Equipment or transfer ownership to a third party as security.
Throughout the duration of the Contract, the Customer bears all expenses and costs resulting from the possession or use of the Equipment, such as taxes, administrative authorizations, and mandatory control and security measures.
The Customer informs AGRIFLIGHT of the place where the Equipment is stored and used. The Customer is responsible for any damage to the Equipment caused by its transport in the event of a change of place of use and/or storage of the Equipment by the Customer.
The Customer is responsible for any damage caused by the use of the Equipment in violation of this article, including damage caused to the Equipment itself.
The Customer maintains the Equipment regularly in accordance with what is provided for in the Documentation. The Customer has the obligation to report and call on AGRIFLIGHT to carry out any intervention made necessary by wear or damage to the Equipment.
18.6. Hardware Complaint
By way of derogation from article 3 of these General Conditions, any complaint concerning the Equipment must reach AGRIFLIGHT in writing within two (2) Working Days of delivery of the Equipment or the occurrence of the problem.
AGRIFLIGHT undertakes to use its best efforts to resolve the problem affecting the Equipment and, if necessary, to replace it.
18.7. Responsibility
Without prejudice to article 9, from the date of delivery of the Equipment, the Customer is solely responsible for any damage caused to third parties resulting from the use of the Equipment.
18.8. Insurance
For the entire duration of this Contract and until the return of the Equipment to AGRIFLIGHT at the end of the Contract, the Customer undertakes to take out, at its own expense, an insurance policy covering its civil liability for the use of the Equipment and for any damage caused to the Equipment, at least in the event of vandalism, theft, natural disasters, Force Majeure and bad weather.
The Customer also undertakes to take out an insurance policy covering damage caused to third parties by the Equipment.
The Customer provides, upon first request from AGRIFLIGHT, proof of coverage by such insurance.
18.9. Return of Material
At the end of the Contract, the Customer immediately returns, at its own expense, to the return address mentioned in the Order, the complete Equipment, in good working and maintained condition in accordance with the Documentation provided by AGRIFLIGHT.
In the event of bankruptcy, judicial reorganization, request for suspension of payment, or liquidation procedure of the Customer, AGRIFLIGHT will be authorized to recover the Equipment without delay from the place where it is stored by the Customer.
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