Article 1. Scope
1.1. “Able & Baker”, “ablebaker.be” and “ablebaker” are trade names of Dufourmont Sander. Dufourmont Sander is a registered enterprise in Belgium with VATno BE0685.498.307. The enterprise Sander Dufourmont will be referred to as “Able & Baker”, “ablebaker.be” or “ablebaker” in this document.
1.2. These general terms and conditions apply to all offers from and to all agreements with Able & Baker, even if there are conflicting provisions on the customer’s documents. By placing an order, the customer accepts the general terms and conditions of Able & Baker.
1.3. These terms and conditions are translated from the original terms and conditions written in Dutch which can be found here. (https://ablebaker.be/voorwaarden/?lang=nl) In case of doubt, the original terms and conditions overrule the translated terms and conditions.
Article 2. Quotations, order confirmation & conclusion of the agreement
2.1. All offers from Able & Baker are free of obligation up to the moment of acceptance by the customer. The agreement is concluded when the customer approves the offer unchanged within fifteen days for approval in writing or online (via the offer link that the customer receives by email from an employee of Able & Baker.) Every order or confirmation by the customer, binds the customer to the agreement. The agreement replaces all previously concluded oral and / or written agreements.
2.2. Travel and travel expenses are always paid by the customer, unless expressly agreed otherwise.
2.3. The prices are those expressly stated on the invoice. In the event of a conflict of content on the offer, delivery and invoice, the amount on the invoice takes precedence.
Article 3. Cancellation of the order
3.1. The cancellation of an order by the customer is possible free of charge up to fifteen days before Able & Baker starts its activities (recordings, edits, pre-production, … no exhaustive list). Cancellation within fifteen days before Able & Baker commences work is possible subject to a compensation of 30% of the agreed price. If the work of Able & Baker has already started, cancellation is no longer possible and the agreed price must be paid in full.
Article 4. Execution of the assignment & delivery
4.1. Able & Baker will carry out the assignment in accordance with these general terms and conditions.
4.2. Able & Baker autonomously determines the manner in which the assignment granted (which was created in consultation with the client) is carried out.
4.3. Able & Baker is entitled to have the assignment carried out in whole or in part, without notice and at cost, by third parties.
4.4. The date of delivery is only given as an indication and does not bind Able & Baker. Delay in delivery does not entitle the customer to compensation or a price reduction, or to termination of the agreement.
Article 5. Payment modalities
5.1. All Able & Baker invoices must be paid by bank transfer to the account number IBAN BE66 0689 0784 4043 unless expressly agreed otherwise.
5.2. The payment term for invoices is 30 days after the invoice date.
5.3. In the event of non-payment, a late payment of 8% will be due and compensation of 10%.
5.4. In the event of late payment of an invoice, the client loses the advantage of the payment term with regard to all outstanding invoices, which then also become immediately due and payable, as well as the related invoice interests and the compensation.
5.5. in the event of late or non-payment, Able & Baker reserves the right to suspend all further performance until full payment of the outstanding invoice amount is obtained.
Article 6. Retention of title
6.1. Able & Baker remains the legal owner of the good until full payment of the price by the customer and always retains copyrights and publication rights on all audio-visual productions, unless expressly agreed otherwise.
6.2. Able & Baker reserves the right to use the work as an example or to promote its own services.
Article 7. Disputes
7.1. All disputes regarding the concluded agreement are governed by Belgian law and only the court of Ghent has jurisdiction to hear them.
7.2. Complaints must be confirmed by registered letter within seven days of the delivery or execution date.
7.3. Able & Baker is not liable for any direct or indirect damage of which it has not expressly determined its liability in these general terms and conditions. In any case, the liability of Able & Baker is limited to the amount of the project as included in the agreement. The customer indemnifies Able & Baker against all possible claims from third parties, also after the termination of the agreement (for example for infringements of intellectual property). With regard to services from third party suppliers, Able & Baker accepts no liability beyond or other than the liability that third party suppliers are willing to accept for their products or services.
Article 8. Force majeure
8.1. In case of force majeure such as a natural disaster, fire, strike, … (no exhaustive list), the supplier is entitled to immediately and legally terminate the agreement, or to adjust the execution of the agreement to the circumstances and this without being obliged to to any compensation.
Article 9. Nullity
9.1. The nullity of one or more provisions does not imply the nullity of the agreement.
Article 10. Unilateral change
10.1. Able & Baker provides the right to change its General Terms and Conditions unilaterally and at any time.
Article 11. Exclusion of the customer’s own General Terms and Conditions
11.1. Only the General Conditions of Able & Baker apply to agreements and not the General Conditions of the customer.