GENERAL CONDITIONS

GENERAL CONDITIONS – ORGANIZATION OF EVENT CONTRACT

1. Overview

These General Conditions (hereinafter ”   CG   “) Apply to all rights and obligations of the Parties arising from the Contract. Waivers are only valid if agreed in writing between the Parties.

2. Definitions

For the purpose of these Terms and Conditions, terms beginning with a capital letter have the following meaning:   :

• Customer : Legal entity or natural person mandating the company Candela & Co Sàrl for the organization of an event and defined in the Contract
• Contract : Act signed by the Parties integrating these terms and conditions for the organization of the Event.
• Location : Place where the Event is to take place.
• Event : Event (party, party, aperitif, corporate event, …) organized by the Organizer for the Client as part of the Offer.
• Equipment : Decorations, furniture, decorative elements, electronic and computer elements as well as any movable property owned by the Organizer and used during the Event.
• Offer : Event Project established by the Organizer upon request of the Customer and accepted by the Customer. Contains all the essential elements of the Event.
• Organizer : The company Candela & Co Sàrl.
• Parts : The Client and the Organizer.
• Total price : Amount determined in the Offer and at point C of the Contract and to be paid by the Customer.

 

3. Object of the contract

The Organizer undertakes to organize the Event as defined by the Offer. He undertakes to respect all the elements provided for in the Offer.

The Customer agrees to pay the total price as described in point C of the Contract.

4. Obligations of the Organizer
5. Organization . The Organizer undertakes to respect the Offer. In particular, he undertakes   to create the event concept, to ensure the realization of the event, including the preparation and the design of the Event as well as the assembly, the dismantling on site and the restoration.
6. Customer Instructions. The Organizer undertakes to comply with the indications of the Client as part of the Offer.
7. Artists and staff . If the Offer provides for the participation of stakeholders such as artists, servers or any other third party, the Organizer is responsible for the engagement of these stakeholders. No link is created between these third parties and the Customer. The Organizer certifies that all stakeholders are declared to the various social insurance organizations, either as employees or as self-employed persons.
8. Consequences of the breach of the obligations . If the Organizer does not fulfill the obligations defined above, the Customer will have the right, in accordance with art. 7 bed. b GC, to terminate the contract by sending a formal notice to the Organizer with the fixing of a period of 2 days to remedy the defects.

When the Contract is terminated according to art. 7 bed. b CG, the Customer has the right to reimbursement pro rata temporis of the price already paid.

1. Limitation of liability . Any claim, other than those detailed in clause 4 GC, of ​​the Customer resulting from direct or indirect damages, such as loss of profits, loss of orders, conventional penalties, penalties, etc., is excluded.

 

5. Customer’s Obligations
6. The Client has the obligation to give access to the Location to the Organizer as soon as necessary in the context of the organization of the Event and each time the Organizer so requests. Customer must ensure that the Location is easily accessible and meets the needs detailed in the Offer.
7. Fees . The Renter shall bear all costs arising from the occurrence of damage to the Equipment during the Event. It also fully supports the costs associated with malicious acts, both on the Equipment and the speakers, during the Event.
8. Customer’s responsibility . Unless otherwise agreed in writing by the Parties, the Customer assumes responsibility for security during the Event. Any malicious act occurring during the Event is the responsibility of the Customer. During the duration of the Event, the Customer shall be liable for any loss and / or deterioration suffered by the Equipment and the related costs, except in cases of force majeure and even if such loss and / or deterioration was caused by third. The Organizer’s liability is limited to its serious fault, the provisions of these GTC are reserved.
9. Insurance . The Customer certifies that he has concluded an insurance covering the theft, loss or damage of the Equipment. The Client is informed that the Equipment is not covered by an insurance from the Lessor.
10. Payment of the price . The Customer undertakes to pay the total amount as defined in point A of the Contract at the signing of the Contract, by transfer to the following account   : UBS SA, 1920 Martigny, on behalf of Candela & Co Sàrl, Cossonay Road 100, 1008 Prilly, IBAN CH78 0026 4264 6530 2401D. Prices are inclusive of all taxes.

A moratorium interest of 5% is due as soon as the payment is due without interruption. The Organizer reserves the right to terminate the Contract and to ask for damages if the payment is not made at the end of the term, and this without a formal notice and without the fixing of an additional period.

 

6. Property
7. Property of the Equipment used for the Event . The Material provided by the Organizer for the Event remains its full property during the Event as well as after the Event.
8. Property of the Location . The Customer certifies that he owns the Location or that he has all the necessary rights to the Location.
9. Intellectual property . All intellectual property rights arising from the Event belong to the Organizer.
10. Intellectual property rights of third parties . The Organizer certifies that in the creation of the Event, no third party intellectual property right has been infringed.

 

7. Termination
8. The contract terminates at the Term as defined in point B of the Contract.
9. Termination of the contract before the Event . The Client may terminate the contract up to four weeks before the date of the Event. A fee of 70% of the total amount of the rental is due in the event of cancellation 12 to 4 weeks prior to the Event.
10. Termination for just cause . Without prejudice to the other articles of the Contract, the GTC and the law, when one of the Parties does not perform or only partially fulfills its obligations under this Contract, and that it does not remedy within 2 days following the written interpellation of the other party, the other party may terminate the Contract.
11. Consequence of termination for just cause . If the Organizer terminates due to the Customer’s failure to perform or imperfect performance of its obligations, the amounts already paid under this Agreement will not be returned to the Client. If the Client terminates due to the non-performance or imperfect performance of the obligations by the Organizer, all amounts already paid for the period following the breach of the Contract will be returned by the Organizer to the Client pro rata temporis .
12. Extraordinary termination . Without prejudice to the other articles of the Contract, GC and the law, the Organizer may terminate the Contract with immediate effect without notice or setting a deadline, if   :

• the instructions given by the Client deviate from the terms of the Offer in such a way that the Event provided for in the Offer must be reviewed in a major way.
• the location and facilities provided by the Customer do not meet the requirements set by the Organizer in the Offer and do not allow the Event to be set up as provided for in the Offer (particularly if the Client is not not owns or has rights to the Location ; 6 CG)
• a payment is late (Article 5 CG)

1. Consequences of the extraordinary termination . In a case of extraordinary termination, the Organizer may demand the payment of the total price as defined in point C of the Contract. The Organizer reserves the right to claim damages.

 

8. Various
9. Transfer . The Customer may not assign this contract to a third party without the prior written consent of the Organizer. The Organizer has the right to assign this Agreement to a third party. In this case, he must inform the Customer in writing.
10. Absence of a simple society . The Parties expressly agree that this Agreement does not constitute, and shall not be construed as, a simple partnership agreement or a similar agreement.
11. Confidentiality . The Parties agree that the terms of the Agreement and these GTC shall be kept confidential and may not be disclosed to third parties by either party without the prior written consent of the other party.
12. Applicable law . The law applicable to this contract is Swiss law.
13. For . Any dispute about this contract will be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.

GENERAL CONDITIONS – RENTAL AGREEMENT

1. Overview

These General Conditions of Rental (hereinafter ”   GLC   “) Apply to all rights and obligations of the Parties arising from the Contract. Waivers are only valid if agreed in writing between the Parties.

2. Object of the contract
3. Extent of the contract. The Lessor delivers to the Lessee the Material determined in point A of the Contract for the duration provided for in point B of the Contract.
4. Property of the Material . The Rental Equipment, including components and accessories, remains the exclusive property of the Lessor for the duration of the lease.
5. Use . The Equipment must only be used for the purpose defined in point D. The instructions given by the Lessor, in writing or verbally, must be strictly observed. Unless otherwise agreed in writing by the Parties, the Tenant agrees to personally use the Material and not to transfer it to a third party.

 

3. Start of the rental

The rental begins on the day determined in point B of the Contract. If no date has been specified, the rental begins on the day the Equipment is made available to the Tenant (according to point C of the Contract). The lease ends on the date specified in point B of the Contract or as provided in the present GTC. If no end date has been provided, the Contract will remain in effect for a period of 6 months.

4. Delivery of the material
5. The Parties determine the arrangements for making available the Equipment rented in point C of the Contract.
6. Transfer of risks . The transfer of risk is determined as follows   :

• In case of taking possession at the owner : from the moment the Tenant is informed that the Equipment is at his disposal at the Lessor’s, or in a specific place   ;
• In case of delivery by the Lessor to the Tenant : from the moment the Equipment was returned to the Tenant by the Lessor.

1. Effects of risk transfer. Upon transfer of risk, the Tenant becomes fully liable for any damage that may occur to the Equipment.
2. Assembly and disassembly . Unless otherwise agreed in writing, the installation, as well as the assembly and disassembly of the Equipment at the Tenant’s or any other place will be the responsibility of the Tenant.

 

5. Obligations of the Lessor
6. Provision . The Lessor is obliged to make the Equipment available in accordance with the conditions and qualities defined in point A of the Contract.
7. Defects . If, at the time of the Lessee’s possession, the Equipment has defects that do not permit the use of the Equipment for the purpose defined in point D of the Contract, the Lessor shall repair such defects at its own expense. If the repair is not possible within a reasonable time, the Lessor has the obligation to replace the Equipment with an object of the same kind fulfilling the qualities defined in point A of the Contract.

If during the term of the Contract, the Equipment has defects that prevent its use for the purpose provided for in point D of the Contract, and that these defects result from a serious fault of the Lessor, the Lessor undertakes to proceed, at his expense , repair the defect or provide an equivalent replacement Equipment.

1. Consequences of the breach of the obligations . If the Lessor does not fulfill the obligations defined above, the Tenant will have the right, in accordance with art. 7 bed. b CGL, to terminate the contract by sending a formal notice to the Lessor with the fixing of a period of 2 days to remedy the defects.

When the Contract is terminated according to art. 7 bed. b CGL, the Tenant has the right to reimbursement pro rata temporis of the rental price of the Equipment.

5. Limitation of liability . Any claim, other than those detailed in clause 5.b LTC, of ​​the Tenant resulting from direct or indirect damages, such as loss of profits, loss of orders, conventional penalties, penalties, etc., is excluded.

 

6. Obligations of the Tenant
7. Obligation to carry out an audit . When taking possession of the Equipment, the Tenant is obliged to check the Equipment and report immediately to the Lessor any defects. If the Lessee does not inform the Lessor of the defects within a reasonable time, the Lessor is released from its obligation to repair or replace within the meaning of clause 5 CGL.
8. Hidden defects . The responsibility is reserved for hidden defects that could not be noticed on taking possession despite a thorough and careful verification. In this case, if the Tenant informs the Lessor immediately upon discovery of this defect and that this fault is not attributable to a fault of the Tenant (including, non-compliance with the instructions for use given by the Lessor), the Lessor has the obligation to act as if the defect had been announced immediately at the disposal
9. Use of the Equipment . The Tenant agrees to use the Equipment according to the instructions, written or oral, given by the Lessor. He must treat the Equipment with the necessary care, use it and maintain it in an appropriate manner in accordance with the instructions given by the Lessor. The Tenant agrees to clean the Equipment and to make it completely clean.
10. Fees . The Lessee shall bear all costs arising from the occurrence of damage to the Equipment during the rental period. It also fully supports the costs related to poor maintenance of the Equipment.
11. Responsibility of the tenant . From the transfer of risk and until the return of the Equipment to the Lessor, the Lessee shall be responsible for any loss and / or deterioration suffered by the Equipment and the related costs, except in cases of force majeure and even if such loss and / or deterioration has been caused by third parties.
12. Insurance . The Tenant certifies that he has insurance covering the theft, loss or damage of the Equipment. The Tenant is informed that the Equipment is not covered by an insurance from the Lessor.
13. Payment of the rental price . The Tenant agrees to pay on signing the Contract the total amount as defined in point A of the Contract, by transfer to the following account   : UBS SA, 1920 Martigny, on behalf of Candela & Co Sàrl, Cossonay Road 100, 1008 Prilly, IBAN CH78 0026 4264 6530 2401D. Prices are inclusive of all taxes.

A moratorium interest of 5% is due as soon as the payment is due without interruption. The Lessor reserves the right to terminate the contract and to claim damages if the payment is not made at the end of the term, and this without a formal notice and without the fixing of an additional period.

 

7. Termination
8. The contract terminates at the Term as defined in point B of the Contract.
9. Termination of the contract before the material is made available . The Tenant may terminate the contract up to four weeks before the material is made available. A fee of 50% of the total amount of the rental is due in case of cancellation from 12 to 6 weeks prior to the availability of the Equipment and 70% of the total amount of the rental are due in case of termination from 6 to 4 weeks before the material is made available.
10. Termination for just cause . Without prejudice to the other articles of the Contract, the GTC and the law, when one of the Parties does not perform or only partially fulfills its obligations under this Contract, and that it does not remedy within 2 days following the written interpellation of the other party, the other party may terminate the contract.
11. Consequence of termination for just cause . If the Lessor terminates as a result of the Lessee’s failure or improper performance of his obligations, the amounts already paid under this Agreement will not be returned to the Lessee. If the Tenant resigns due to the failure or improper performance of the obligations by the Lessor, all amounts already paid for the period following the breach of the Contract will be returned by the Lessor to the Tenant pro rata temporis .
12. Extraordinary termination . Without prejudice to the other articles of the Contract, the GTC and the law, the Lessor may terminate the Agreement with immediate effect without notice or setting a deadline, if   :

• The Equipment may not be returned to the Lessor due to improper use or lack of maintenance.
• The Equipment is subleased without the prior written permission of the Lessor.
• Other rights in the Material are granted to a third party or if the rights under the Agreement are assigned to a third party
• The tenant has a late payment (article 6 CGL)

1. Consequences of the extraordinary termination . In these cases of extraordinary termination, the Lessor may demand the payment of the total price as defined in point B of the contract. The Lessor reserves the right to claim damages.
2. Return of the material . At the end of the contract and in all cases of termination, the Lessee agrees to return the Equipment and any other property of the Lessor to the Lessor as soon as possible, for a maximum of two days.

 

8. Material Restitution

At the end of the Contract or upon a termination within the meaning of art. 7 CGL, the Tenant must return to the Lessor, the Equipment in the same state as at the time of the provision by the Lessor. The Equipment must have been disassembled, cleaned and be in working order. The Parties will decide where the Equipment is to be given to the Lessor.

The Lessor undertakes to check the Equipment and inform the Tenant of any defects as soon as possible. In the sense of art. 6 of these General Conditions, the Lessor may claim the amount of repairs or replacement of the defective Equipment. The Lessor also reserves the right to claim damages.

9. Various
10. Transfer . The Lessee may not assign the present contract to a third party without the prior written consent of the Lessor. The Lessor has the right to assign this Contract to a third party. In this case he must inform the Tenant in writing.
11. Applicable law . The law applicable to this contract is Swiss law.
12. For . Any dispute about this contract will be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland.