GENERAL TERMS AND CONDITIONS

I. General Provisions

These general rental terms and conditions (also available at www.tsf-belgique.be) will govern all rental agreements between TSF Belgique and its clients, unless otherwise specified in writing and signed by TSF Belgique.
The placing of an order by a client implies adherence to these general and, where applicable, specific rental terms and conditions. These exclude the client’s general terms and conditions of purchase, which may not override these terms. Specific terms take precedence over general terms. The client acknowledges having read and accepted these general and specific rental terms without reservation.

II. Provisions

2.1. Account Opening

Clients with ongoing business relationships with TSF Belgique hold an account in the company’s accounting records. Any client without an account may request its opening, which is conditional upon providing financial and accounting information that will enable the agreement of a maximum credit limit.

The required elements are as follows:

  • Company statutes.
  • Bank identity.

The credit limit will only be credited with the amount of payments made after the actual receipt of the payments, regardless of the method used.

2.2. Order

An order is defined as follows:

  • Details of the rented equipment
  • Rental period – start and return dates
  • Price and payment terms
  • Name and position of the person signing the order form.

The rental period is expressed in days and starts from the day the equipment is picked up until it is returned to our premises (during business hours). Any day started is due. Orders should be placed by post, fax, or email. In case of cancellation less than seven working days before the rental begins, 50% of the total amount due will be charged.

2.3. Rented Equipment

The equipment provided to the client is deemed to be in good working condition and delivered complete with all its accessories. The client is prohibited from hiding or removing any property plates indicating that the equipment belongs to TSF Belgique or any other companies within the TSF Group. The client undertakes to take all necessary steps to safeguard and preserve the equipment. In particular, outside working hours, overnight, on public holidays, or non-working days, vehicles containing the rented equipment must be stored in a locked or guarded garage. The equipment is rented for use throughout the European Community. For any movement outside the European territory, prior written authorisation must be obtained from TSF Belgique.

Under no circumstances can the client entrust or sublet the equipment to a third party.

TSF Belgique will not be held responsible for:

  • Incidents causing a halt to filming.
  • The partial or total destruction of film negatives requiring a retake.

For vehicle rentals, the client must refer to the specific terms (below) that they expressly declare to know and approve. The loading and unloading of vehicles are always the responsibility of the client.

2.4. Delivery of Rented Equipment:

The timely delivery of the equipment specified in the order form is the primary obligation of TSF Belgique. This is formalised by a release slip duly completed by both parties. The client’s representative or employee signing the release slip binds the client, confirms the proper functioning of the equipment, and unconditionally accepts these general and specific rental terms and conditions. Loading of vehicles, delivery of equipment to filming locations, is the responsibility of the client. TSF Belgique reserves the right to charge for loading the equipment into its vehicles if it was done, partially or fully, by its teams.

2.5. Use of Rented Equipment:

The client must not make any modifications to the rented equipment, nor use it in any way that is inconsistent with normal usage conditions. The client is prohibited from installing any accessories, ancillary parts, or devices on the equipment without prior authorisation from TSF Belgique. The client undertakes to use the equipment with due care.

2.6. Return of Rented Equipment

The client agrees to return the equipment by the agreed date, during business hours, with all its accessories, and in the same condition as when it was delivered. TSF Belgique will only accept the return after verifying its proper functioning. TSF Belgique undertakes to notify the client within five business days of the return of any irregularities, breakages, defects, or hidden damages that may have occurred during use. Any delay in returning the equipment without prior written authorisation from TSF Belgique will be charged according to the current rate, excluding any commercial discounts. If the equipment is not returned by the agreed date and after a formal notice remains unanswered for more than 8 days, the rented equipment will be considered, at TSF Belgique’s discretion, as sold to the client. It will be invoiced at the sales price based on the current manufacturer’s catalogue rate. This invoice will be payable upon receipt.
A return slip will be validated by both parties in a mutually agreed manner. Any complaints must be sent to TSF Belgique by registered mail with acknowledgement of receipt within 5 days. No claims of any nature will be accepted after a period of 5 days from the validation of the return. Returning equipment and unloading vehicles at TSF Belgique’s premises are at the client’s expense. TSF Belgique reserves the right to charge for unloading the equipment from its vehicles if this task is performed, partially or fully, by its teams. All customs and transit formalities, as well as any transport fees for exchange, delivery, or return of the equipment, are the sole responsibility of the client.

2.7. Subcontracting

TSF Belgique reserves the right to subcontract all or part of the execution of the contract to a third party without the prior written consent of the Client.

2.8. Tax-Shelter

No later than at the time of signing the service agreement, the Client must have informed TSF Belgique in writing that the services covered by the agreement must be eligible under the current Belgian Tax Shelter legislation (Article 194ter, §1, 10° al.2 of the Belgian Income Tax Code).
If this declaration is not made, TSF Belgique is exempt from providing justification regarding the eligibility of its services. No claims can be made against TSF Belgique.
The Client undertakes to inform TSF Belgique of any information, claim, or question raised by any tax authority concerning the eligibility of the expenses related to the work and which concerns the services provided by TSF Belgique.
TSF Belgique disclaims all responsibility in case of non-compliance with these specifications related to the applicable legislation.

III. Billing

The price to be paid by the Client is calculated based on the applicable rate at the time of the order. The rental rate applies to equipment taken and returned to the departure location. All prices listed in our catalog are exclusive of taxes, VAT applicable in addition, and are subject to change without notice. For rental durations exceeding 5 business days, billing will be on a weekly basis. For all other rentals under 5 days, invoices will be issued on the day the equipment is returned. Billing will be based on the departure and return slips, validated by TSF Belgique. No reduction in billing can be granted due to forced immobilization of the equipment for any reason, including customs issues, strikes, seizures, etc. TSF Belgique reserves the right to bill the rental until the equipment is physically returned to its premises, regardless of the reason for any delay in its return. All customs formalities and any delays they may incur are at the sole responsibility and cost of the Client.

IV. Payment

4.1. Payment Terms

Payments are to be made upon receipt of the invoice by any means of payment, unless otherwise agreed in advance. The Client holding an account has the option to make immediate payment and will then receive a 1% discount per month on the net amount invoiced. Any invoice less than €1,000 will be payable upon receipt of the equipment. Immediate payment is understood as being within 8 days after the invoice date.

4.2. Penalties for Late Payment

If payment is made after the normal due date, TSF Belgique will charge the Client late payment interest at 1.5 times the applicable legal rate, which will be due upon receipt of the invoice.

4.3. Default of Payment

A payment default includes:

  • Any modification of the due date.
  • Non-payment of an installment when due.
  • Insufficient provision of a cheque, either in whole or in part.
  • Delay in sending an accepted installment or cheque without justification.

Any payment default as defined above will result in:

  • Immediate demand for all amounts owed, regardless of the reason.
  • The application of late payment interest starting from the formal notice.

All costs incurred by TSF Belgique in collecting the amounts owed are the responsibility of the Client and will be invoiced separately, due upon receipt: attorney fees, registry fees, bailiff costs, expert fees, etc.

V. Deposit

A deposit (cash, credit card, cheque) of a minimum amount of €5,000, depending on the nature and value of the rented equipment, will be required before the delivery of the equipment, and is encashable at TSF Belgique’s discretion. For foreign clients, even in the case of prepayment, a cash deposit equal to 1.5 times the expected rental price will be required.

VI. Insurance

The equipment is insured upon payment of a mandatory premium set at 8% of the rental amount excluding VAT, increased in the event of a claim eligible for coverage by a deductible of 20% of the damage amount with a minimum of 5,000 euros excluding VAT and a maximum of 50,000 euros excluding VAT (except for vehicle rental, see special conditions below). In the event of a claim not covered by TSF Belgique (see “Exclusions” below), the cost of repairs or replacement of the equipment, as well as any associated damages, will be fully borne by the client, who must settle the corresponding invoice without delay.
In the event of a claim, including during transport by a duly qualified company, regardless of the cause or circumstances, and regardless of the determination of liability, a detailed declaration, made on the client’s letterhead, must be sent to TSF Belgique within a maximum of 48 hours by registered mail with acknowledgment of receipt, along with, if applicable, a copy of the complaint filed with the police or gendarmerie.
In case of damage, the rental period will be counted until the equipment is restored after repair, but this period cannot exceed one month. Repairs may be carried out by TSF Belgique’s technical teams or its parent company, or by the manufacturer or an authorized representative of the manufacturer. In the event of theft, loss, or total damage, the rental period will be calculated until the client provides the official claim report, increased by a fixed month to account for the replacement time of the equipment.

6.1. Exclusions

The following are excluded from the scope of the insurance coverage and cannot claim any coverage:

  • Production risks.
  • Loss of equipment.
  • Thefts without forced entry or aggravated assault.
  • Theft of equipment left in an unguarded vehicle or parked in an enclosed area.
  • Claims resulting from a breach of supervision or guarding of the rented equipment by the client, for which they are responsible.
  • Claims resulting from improper or non-compliant use of the equipment.
  • Claims resulting from use by unqualified or unauthorized personnel.
  • Clumsiness, occasional negligence, inexperience, vandalism, or malice.
  • Falling, bumping, collision, or introduction of a solid or liquid substance.
  • Failure of a connected machine, protection system, or regulation device.
  • More generally, any claim not covered by our insurance company will be borne by the renter, for whatever reason.

In difficult operating conditions, in aerial or marine environments, under rain, water falls, irrigation, high humidity, in the presence of sand or salt, extreme temperatures, in dirty or unsanitary filming locations, during stunts, etc., it is imperative that the client subscribe to additional insurance with their own insurers covering all specific production risks. Failing this, any damage, destruction, replacement, repair, or cleaning will be billed to the client.

6.2. Important

TSF Belgique does not insure in any way the content, data, rushes, visual or sound elements that may be stored on the photographic, magnetic, or computer media provided by TSF Belgique for sale or rental. After provision to the client, TSF Belgique does not guarantee the proper functioning of the electronic or computer equipment for data storage or digital signal transmission. TSF Belgique, whether it is called to handle them or not, does not guarantee the integrity of the digital data that may be entrusted to it by the client.

In the event of data loss or deterioration, TSF Belgique’s responsibility cannot be invoked or sought, and TSF Belgique is explicitly released from liability by the client, who accepts this without reservation, for any financial consequences that may result. All risks related to the contents must be insured as a specific production risk. TSF Belgique recommends that the client duplicate the data as the only secure solution for backup on computer media.

6.3. Special Conditions for Vehicle Rentals

The following special rental conditions regarding the provision of vehicles complement the general terms and conditions of TSF Belgique, which are available on the website www.tsf-belgique.be, and which the client acknowledges having reviewed.
The special conditions take precedence over the general terms and conditions.
Taking charge of our vehicles implies the unconditional acceptance of our special rental conditions.
The signatory of the rental contract issued by TSF Belgique commits personally on behalf of the company they represent, which remains jointly liable for its representative, to accept these special conditions.

6.4. Reservations

TSF Belgique will require a purchase order and a deposit cheque, which is encashable for the amount of the estimated rental fee, with a minimum of 1,000 euros, for any booking confirmation. The refund of this deposit will be made, upon the renter’s request, at least six months after the end of the service.
Unless stated otherwise in writing, all our services must be paid for in full in advance by credit card.

6.5. Rental Duration

The duration of the contract is mandatory. In case of an extension or early return, TSF Belgique must be notified in writing as a priority. Any extension of the rental period will incur an additional charge at the prevailing non-discounted rate, regardless of the reason, including those beyond the tenant’s control.
The client is hereby notified that failure to return the vehicle within 24 hours of the scheduled return date, without TSF Belgique having been notified in writing beforehand, will automatically result in a theft report being filed with the police or gendarmerie, and the renter will be subject to potential criminal and legal sanctions.
The vehicle return must occur exclusively at the pickup location during TSF Belgique’s business hours, with the renter being provided with a dated and signed return slip by the company.

6.6. Use of the Vehicle

The renter is fully responsible for the use of the vehicle throughout the rental period and therefore agrees to:

    • Pay directly for any fines, tickets, penalties, and other customs proceedings related to non-compliance with the laws and regulations governing driving, parking, and the contents of the vehicles provided by TSF Belgique, regardless of the driver.
    • Any handling of these incidents by our company will incur a flat administrative fee of €23.75 excluding VAT for management costs.
    • Use the vehicle responsibly, within its capabilities and qualifications, and only on passable roads that do not risk damaging the tires, bodywork, or mechanical parts.
    • Ensure that the vehicle’s load does not exceed the authorized payload for the rented vehicle.
    • Check oil levels, coolant, brake fluid, and tire pressure before each use.

    6.7. Instructions to Follow in Case of Breakdown or Accident

    • Prioritize notifying TSF Belgique, providing details of the location and circumstances of the breakdown or accident.
    • If necessary, complete an amicable report and obtain a police or gendarmerie report.
    • Contact the vehicle manufacturer’s assistance service, whose phone number is listed in the vehicle’s documentation.
    • No intervention on the vehicle performed outside of this procedure will be covered by TSF Belgique.

    6.8. Cancellation

    Any reservation canceled less than 48 hours before the scheduled time will be considered due, amounting to 50% of the planned rental period. TSF Belgique reserves the right to refuse vehicle delivery if it believes that the contracting party, either legal or physical, does not provide sufficient guarantees of fulfillment (financial or material).

    6.9. Insurance

    Our vehicles are covered by full-risk insurance for all countries indicated on the vehicle’s green insurance card, for a premium of 7% of the rental value excluding tax. Any travel outside the European Economic Area requires prior written authorization from TSF Belgique. Drivers must be over 21 years of age and must have held a valid driving license for more than one year. A condition report of the vehicle will be made at both the start and the end of each rental. In the event of a fault accident or an accident with an unidentified third party, a deductible will be charged according to the schedule below.

    The deductible will be increased by 50% in the event of theft.

    In case of vehicle theft, the keys and documents must be returned to TSF Belgique within 24 hours. Any accident must be reported to us within 24 hours. The amicable reports, as well as any police or gendarmerie reports drafted in the event of accidents, must be sent to us by mail within 48 hours. Failure to meet this deadline may result in the customer being charged for the deductible and/or repairs.
    There is no insurance for any driver without a valid driving license or for drivers under the influence of alcohol, drugs, or medication. Materials and items being transported are not insured.

    6.10. Exclusions from Insurance Coverage

    The following are excluded from the insurance coverage:

    • Flat tires, interior damage, theft of parts and accessories, damage to the upper parts (the horizontal part of the steering wheel that determines them), as well as damage caused by improper use of the vehicle, overloading, or vandalism (e.g., rims, tires, mirrors, graffiti, inappropriate fuel, etc.), as well as maintenance failures (oil, coolant, water, tire pressure, etc.).
    • Any incident will be charged at the actual cost of repair.
    • The immobilization of vehicles following an incident will be charged at the applicable rate until the vehicle is back in operation.

    More generally, any damage not covered by our insurance company will be the responsibility of the renter, for whatever reason.

    6.11. Deductibles

    COMMERCIAL VEHICLES

    Light Vehicle License (<= 3,5T GVW)  1.500 € excluding VAT
    Heavy Vehicle License (> 3,5T GVW)  2.000 € excluding VAT

    Our rates include:

    • Use of the vehicle, charged per 24-hour day.
    • Full maintenance of the vehicle, including oil and fluids.
    • Reimbursement for mechanical incidents during the rental period, after prior approval from us, excluding any damages for loss of enjoyment.

    Our rates do not include:

    • Mileage, unless there is a formal written agreement from TSF Belgique.
    • Repatriation costs in the event of the vehicle being abandoned in another city.
    • Fines and other penalties related to the use of the vehicle (overloading, speeding, etc.).
    • Cleaning.

    VII. Retention of Title Clause

    In case of sale, and by derogation to Article 1583 of the Civil Code, the delivered goods remain our property until full payment is made.

    The buyer agrees to take all necessary measures to preserve the goods and to keep them available for us.

    In case of seizure, bankruptcy, or any situation leading to a legal proceeding, the buyer agrees to inform us of this clause and notify us immediately.

    VIII. Governing Law and Jurisdiction

    The General Terms and Conditions are subject to Belgian law. In the event of any dispute of any kind or disagreement regarding the interpretation or execution of these terms, exclusive jurisdiction is granted to the Commercial Court of the registered office of TSF Belgique.

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