Terms of service

GENERAL TERMS AND CONDITIONS – AVILEXX B.V.

Article 1 – Definitions

• Avilexx: Avilexx B.V., established in Vught, The Netherlands, Chamber of Commerce number 84996307.
• Customer: any natural person or legal entity acting in the course of a trade, business, craft or profession.
• B2B: acting in the course of business.
• Products: all stage effect equipment, including spark machines, CO₂ systems, accessories, spare parts and related products.
• Agreement: any agreement between Avilexx and the Customer.

 

Article 2 – Applicability

1. These General Terms and Conditions apply exclusively to agreements entered into by Customers acting in the course of their trade, business, craft or profession (B2B).

2. These General Terms and Conditions apply to all quotations, offers, agreements, deliveries and services provided by Avilexx.

3. The Customer's general terms and conditions are expressly rejected unless expressly accepted in writing by Avilexx.

4. Deviations from these General Terms and Conditions shall only be valid if agreed in writing by Avilexx.

 

Article 3 – Professional Use and Risk Acknowledgement

1. Avilexx products are intended exclusively for professional use.

2. The Customer explicitly acknowledges that the Products involve risks, including:

• heat and sparks
• electrical voltage
• pressurized systems
• use in event environments

1. The Customer declares that it:

• has sufficient knowledge and expertise
• is capable of using the Products safely
• understands and accepts all associated risks

 

Article 4 – Use, Safety and Regulatory Compliance

1. Use of the Products is entirely at the Customer’s own risk.

2. The Customer is responsible for:

• proper installation
• correct power supply
• compliance with manuals
• supervision during use
• compliance with all applicable local laws and regulations, including permits and safety requirements

3. Avilexx is not responsible for use at any location, including events, shows or installations.

 

Article 5 – Liability

1. To the extent permitted by law, Avilexx shall only be liable for direct damage caused by intent or gross negligence.

2. Avilexx shall not be liable for:

• indirect damage
• consequential damage
• business losses
• loss of profit
• damage during events
• third-party damage
• damage resulting from use of the Products

3. To the extent permitted by law, any liability for personal injury, fire or material damage is excluded, unless such liability cannot be excluded under mandatory law.

4. Total liability shall in all cases be limited to the invoice value of the relevant Product.

5. Dissatisfaction with the Products, purchasing errors, incorrect specifications provided by the Customer, incompatibility with third-party equipment, cancellation of projects, changes in business circumstances or failure of the Customer to verify suitability prior to purchase shall never constitute grounds for cancellation, return, refund, compensation or any other claim against Avilexx.

Article 6 – Indemnification

The Customer fully indemnifies Avilexx against all third-party claims, including but not limited to:

• end users
• event visitors
• customers of the Customer
• authorities or regulatory bodies

The indemnification also includes:

• legal costs
• damages
• claims arising from use, installation or resale

 

Article 7 – Event and Professional Use

1. Use of Products during events, shows, clubs, festivals or public locations is entirely at the Customer’s own risk.

2. Avilexx shall not be liable for:

• damage during events
• personal injury
• damage to venues
• third-party claims

3. The Customer is fully responsible for:

• safety distances
• fire safety
• supervision
• permits

 

Article 8 – Delivery and Transport

Risk transfers to the Customer upon handover of the Products to the carrier or upon collection by the Customer.

Avilexx shall not be liable for:

• transport damage
• delays
• loss

 

Article 9 – Warranty

1. Warranty applies only to demonstrable manufacturing defects.

2. Warranty claims must be submitted exclusively through the official repair process.

3. Shipping costs:

• outbound (to Avilexx): Customer
• return: Avilexx

4. Warranty is void in case of:

• improper use
• wear and tear
• incorrect consumables
• modifications
• external damage

5. Determination of warranty eligibility lies solely with Avilexx.

6. Normal wear and tear, maintenance, cleaning, consumable replacement and calibration do not constitute warranty defects.

Article 9A – Repairs, Service Procedure and Loan Equipment

1. Warranty claims and repair requests must be submitted exclusively through the official repair process of Avilexx. The Customer must complete the designated repair request form in full.

2. Following notification of a defect, the Customer shall, unless otherwise agreed in writing, deliver or ship the Product to Avilexx for inspection and/or repair.

3. Avilexx aims to process repairs and warranty claims as quickly as reasonably possible. Any repair or service timeframes communicated are indicative only and shall never constitute a strict deadline or guaranteed turnaround time.

4. The duration of diagnostics and repairs may vary depending on, among other things:

• the complexity of the defect
• necessary technical testing and inspections
• availability of technical personnel
• workload and service capacity
• availability and delivery time of spare parts or components

Where spare parts or components must be ordered, imported or manufactured, repair times may reasonably be extended.

5. Avilexx shall not be liable for any damages, business interruption, loss of income, cancelled events, replacement costs, rental costs or consequential damages arising from repair times, delays or temporary unavailability of Products.

6. Avilexx is under no obligation to provide replacement equipment or loan devices during a repair period.

7. If Avilexx provides loan equipment, this shall be strictly subject to availability and no rights or expectations may be derived therefrom.

8. Avilexx shall make reasonable efforts to keep the Customer informed regarding the status and progress of the repair where reasonably possible.

Article 9B – Returns

1. All sales are final. Avilexx does not accept cancellations, returns, exchanges or refunds unless Avilexx has expressly agreed otherwise in writing before the return.
2. The Products supplied by Avilexx are professional equipment intended exclusively for commercial use. The Customer confirms that it has independently assessed the suitability, specifications and compatibility of the Products for its intended application before placing the order. By placing an order, the Customer accepts full responsibility for its purchasing decision.
3. Products may only be considered for return if they are factory-new, unused, unopened where applicable, complete and in their original, undamaged packaging, including all accessories, manuals, labels, protective materials and documentation.
4. Any Product that has been unpacked, opened, installed, assembled, connected, commissioned, activated, powered on, tested or used for any purpose whatsoever shall be deemed used and is not eligible for cancellation, return, exchange, refund or credit.
5. The Customer expressly acknowledges and agrees that, due to the professional nature of the Products, even a single use may result in signs of use, wear, heat exposure, powder residue, cosmetic marks, installation marks, scratches or other operational traces. Once a Product has been unpacked and used, it can no longer be marketed, represented or sold by Avilexx as a new Product. Consequently, such Products are permanently excluded from return.
6. Products shall also not be eligible for return if they:
   • have opened, damaged or non-original packaging;
   • are incomplete or missing accessories, manuals, labels or documentation;
   • contain dirt, dust, powder residue or any other contamination;
   • show scratches, dents, cosmetic damage or any indication of handling;
   • have been installed, mounted or connected to any power source or system;
   • have been modified, repaired or altered by anyone other than Avilexx;
   • have been damaged after delivery;
   • are not in factory-new condition for any reason whatsoever.
7. Products specifically manufactured, customised, configured, ordered or sourced for the Customer, including special-order and non-stock Products, are non-cancellable and non-returnable under all circumstances.
8. Any request for return must be submitted in writing within seven (7) calendar days after delivery and must include the original invoice number, serial number, photographs and the reason for the request. Submission of a request does not create any obligation on Avilexx to approve or accept the return.
9. No Product may be returned without a written Return Merchandise Authorisation (RMA) issued by Avilexx. Products returned without an RMA may be refused or returned to the Customer at the Customer's sole expense and risk.
10. Acceptance of any return is entirely at the sole and absolute discretion of Avilexx. Avilexx reserves the unrestricted right to refuse any return request without providing reasons. No rights may be derived from previous return approvals, goodwill gestures or exceptions made in individual cases.
11. If Avilexx exceptionally agrees in writing to accept a return, Avilexx reserves the right to deduct all costs, losses and reductions in value, including but not limited to inspection costs, administrative costs, transport costs, cleaning costs, repackaging costs, depreciation, reduced resale value and reasonable restocking fees.
12. The risk of transport, loss and damage during the return shipment remains entirely with the Customer until the Product has been physically received, inspected and accepted in writing by Avilexx.
13. No refund, credit note, replacement or other compensation shall become due until Avilexx has completed its inspection and has confirmed in writing that all applicable return conditions have been fully satisfied.
14. For the avoidance of doubt, a Product that has been unpacked and used, even once, cannot be sold by Avilexx as a new Product and shall therefore not be accepted for return, refund, exchange or credit.

Article 10 – Payment

1. Payment must be made within the agreed term.

2. In case of late payment:

• the Customer is immediately in default
• Avilexx may suspend performance

 

Article 11 – Retention of Title

1. All Products remain the property of Avilexx until full payment has been received.

2. This includes:

• principal amount
• interest
• costs

3. The Customer:

• may not pledge the Products
• must keep the Products identifiable
• must inform Avilexx in case of insolvency risk

4. In case of bankruptcy or non-payment, Avilexx has the right to:

• reclaim the Products
• enter the Customer’s premises
• dismantle and remove the Products

5. If the Products have been resold:

• the Customer assigns its receivables from third parties to Avilexx

6. Until full payment has been received, the Customer shall keep the Products properly insured against theft, fire, water damage and any other risks and shall provide proof of such insurance upon first request by Avilexx.

Article 12 – Insurance and Risk Allocation

The Customer is responsible for maintaining adequate insurance covering:

• use of Products
• third-party liability
• events

Avilexx is not responsible for lack of insurance coverage.

 

Article 13 – Force Majeure

Avilexx shall not be liable for delay or failure to perform due to:

• war
• transport disruptions
• pandemics
• supply chain issues

 

Article 14 – Complaints and Limitation Period

1. Complaints must be submitted in writing within 7 days.

2 Claims expire after 12 months.

 

Article 15 – Intellectual Property

All rights remain the property of Avilexx.

 

Article 16 – Governing Law

Dutch law applies.

Disputes shall be settled by the competent court in the Netherlands.

 

Article 17 – Final Provisions

If any provision is invalid, the remaining provisions remain in full force.