General Terms and Conditions

General Terms and Conditions

Our terms aim to ensure a mutually binding agreement. We have written these terms with a focus on successful cooperation and common sense from both parties. Should you have any questions, you are always welcome to contact us. Party 1 is referred to as multiFX. Party 2 is you as the customer, referred to below as Party 2.

IT IS MultiFX’S RESPONSIBILITY TO…

deliver the agreed product(s) at the agreed time and place, in accordance with our sent offer. In the event that multiFX does not meet its delivery obligations, the liability for compensation that Party 2 can claim against multiFX can at most amount to an amount equivalent to the contract sum of the contract/agreement, which is the basis for Party 2’s claim against multiFX.

multiFX is not liable for failing to fulfill its obligations if multiFX can prove that this is due to an impediment beyond multiFX’s control such as, but not limited to, weather conditions, war, war-like situations, fire, strike, lockout, export or import bans, embargo, delayed or insufficient delivery of materials from subcontractors, production stoppage, lack of energy or transport options.

multiFX is also not liable for damage or loss to Party 2/third parties that has occurred due to the necessity to remove multiFX’s products because of weather conditions, according to multiFX’s assessment.

IT IS PARTY 2’S RESPONSIBILITY TO….

Ensure 24-hour supervision of multiFX’s property during the production period if multiFX’s personnel are not present unless otherwise agreed in writing.

Obtain any necessary approvals from authorities.

Immediately notify multiFX if there are damages, collisions, or similar incidents to multiFX’s equipment. In case of vandalism, this must be reported to the police. Party 2 is responsible for multiFX’s equipment as soon as multiFX’s personnel are not present. Party 2 is also responsible for damages to equipment caused by helpers/”hands” and third parties not appointed or approved by multiFX.

Appoint a person who is multiFX’s contact and ensure this person is informed about all aspects regarding the supervision of our product(s). If problems arise, contact multiFX immediately.

Adhere to the agreed times for arrival, setup, dismantling, and departure. In case of delays, multiFX may charge 500 DKK + VAT per person per commenced hour.

Provide any agreed ”hands” at the agreed time and place.

Ensure free access to the area where the product(s) will be set up. If multiFX deems it necessary to lay down driving plates, the cost will be borne by Party 2. If access to the area becomes uncertain, it is entirely Party 2’s responsibility, including any consequential damages, rescue costs, and similar, which are Party 2’s liability. multiFX is not responsible for damages to the surface, covering, or similar.

Ensure it is possible to set up the ordered equipment. If it is not possible to set up the delivered equipment, multiFX is entitled to cancel the contract with Party 2 and demand payment of 50% of the agreed fee.

Inspect the delivered equipment for any defects or shortcomings immediately upon delivery and likewise, immediately notify if any defects or shortcomings are found. If the duty to inspect or notify is not observed, Party 2 cannot assert any claims against multiFX for defects.

Return the equipment delivered by multiFX in the same condition as at the beginning of the rental period.

At events where Party 2 provides ”hands”, ensure they are hardworking, sober, and capable of hard physical labor. Absent ”hands” will be charged 2,500 DKK + VAT per absent person. Insurance and clothing according to legislation (safety shoes and helmet) for these persons are also Party 2’s responsibility.

Ensure free and safe parking for multiFX’s vehicles during the entire period.

Protect multiFX’s equipment from weather-related damage. Party 2 is responsible for damages to equipment caused by weather conditions unless Party 2 can prove that the damages were not due to circumstances within Party 2’s control or persons for whom Party 2 is responsible.

If multiFX is called in due to alleged faults or similar with the delivered equipment, and it turns out there are no faults for which multiFX is liable, Party 2 must pay multiFX for the time spent at a rate of 500 DKK per hour, excluding VAT.

Ensure that there is insurance covering damages to the equipment and personal injuries caused by the equipment.

Return the equipment to multiFX’s address if agreed. If the return does not occur at the agreed time, multiFX is entitled to charge a daily rental equivalent to double the rent according to the parties’ agreement. If multiFX otherwise suffers a loss due to the late return, multiFX is entitled to claim compensation.

GENERAL

All listed prices are exclusive of 25% VAT unless otherwise stated.

Unless otherwise stated, written offers must be accepted and signed within 8 days. If the deadline is exceeded, the sent offer lapses, and a new offer must be sent unless otherwise agreed.

The payment deadline is 3 days before the first rental or production day unless otherwise agreed in writing. If multiFX does not receive payment in accordance with these terms, multiFX is entitled to withhold the equipment to be delivered, as well as to immediately terminate the agreement and claim compensation. multiFX is entitled to demand interest corresponding to the process interest from the stated due date.

multiFX is entitled to demand a deposit before the payment time mentioned in point 3.

Party 2 is not entitled to withhold or offset any part of the agreed rent against any claims against multiFX ApS.

In case of cancellation, Party 2 must pay the full contract amount, except for transport costs. When a written agreement is made with multiFX, equipment and personnel are reserved for the specific contract, and therefore not available for others during the period. Hence, full fee payment is required if canceled after 60 days from the contract period’s start date. All cancellations must be made in writing. If cancellation occurs earlier than 120 days before the contract start date, Party 2 is obliged to pay 65% of the agreed fee. Payment in case of cancellation must be made no later than 3 days after the cancellation.

In case of disagreement, multiFX will do everything to find a solution in cooperation with Party 2. If this is not possible, the case will be brought to court.

Party 2 is obliged to provide catering for multiFX’s personnel in connection with the setup and dismantling of equipment, as well as in periods where multiFX’s personnel otherwise work for Party 2 in accordance with the parties’ agreement. Catering does not mean fast food or similar, but rather healthy and nutritious food.

Any disputes between the parties must be resolved according to Danish law, except for Danish international private law reference rules. All disputes between the parties will be finally resolved by the Court of Aalborg.

multiFX is entitled to insert GPS in the rented equipment to be able to track the equipment.