Termini e condizioni del servizio
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
• B2B: acting in the course of business
• B2C: consumer
• Products: all stage effect equipment, including spark machines, CO₂ systems and accessories
• Agreement: any agreement between Avilexx and the Customer
Article 2 – Applicability
1. These terms and conditions apply to all offers, agreements and deliveries.
2. The Customer’s general terms and conditions are expressly rejected.
3. Deviations are only valid if agreed in writing.
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
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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.
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
B2B:
Risk transfers upon handover to the carrier.
B2C:
Risk transfers upon delivery.
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.
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 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
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.