GENERAL TERMS AND CONDITIONS OF USE

1. Operating area

These general terms and conditions apply to all contracts between Skynight France SAS and its customers for the services described in the offer, provided that no other terms and conditions apply, whether agreed in writing with the customer or stipulated by law.

The general terms and conditions of business of customers shall not apply unless they have been expressly acknowledged in writing, in full or in detail, by Skynight France SAS.

2. Scope and performance of services

The subject matter of the contract is the service agreed upon on the basis of the written offer.

If, after accepting the offer, the customer wishes to extend the agreed services, the additional costs incurred will be invoiced separately to the customer at the agreed hourly rate. The additional expenses will be invoiced upon completion of the additional services. In the case of equipment rental, the invoice will be issued when the rented equipment is returned.

Skynight France SAS. is authorized to transfer the performance of certain obligations contained in the contract to third parties. Skynight France SAS. is responsible for the selection of and instructions given to these third parties.

3. Place of performance, transfer of risks and perils, transportation

The place of performance for the transfer of risks and perils is exclusively the registered office of Skynight France SAS. ("place of performance").

In the event of transport of goods from the place of performance to the customer's place of intervention, the risks and perils shall be transferred to the transport company or the shipper at the time of delivery of the goods to the place of performance.

The transport service provided by Skynight France SAS is an ancillary obligation. To this end, Skynight France SAS may use a transport company. Transport costs remain the responsibility of the customer.

4. Delay in picking up the delivery, lack of cooperation

4.1 If the customer, or a third party authorized by the customer, accepts a service provided by Skynight France SAS late, or if the customer or the authorized third party fails to cooperate, Skynight France SAS is entitled to terminate the contract with immediate effect. Skynight France SAS reserves the right to claim compensation for losses incurred as a result of the delay or lack of cooperation on the part of the customer or the third party. In particular, the customer indemnifies Skynight France SAS against any claims made by the third party appointed by the customer.

5. Rental terms and conditions

Unless otherwise agreed in writing, the rental period is expressed in days and is based on the duration specified in the contract and accepted by the customer.

Skynight France SAS may require payment for the rental in advance and within a specified period. If advance payment is not made within the agreed period, the contract shall not come into effect and Skynight France SAS may dispose of its rental equipment otherwise. The late customer must pay compensation representing 25% of the rental fee. Skynight France SAS reserves the right to request a deposit, which will be returned to the customer upon the return of the rented goods in good condition.

Skynight France SAS provides the customer with the goods for rent in accordance with the written offer. All goods for rent and made available to the customer remain the property of Skynight France SAS.

Skynight France SAS undertakes to return the rental equipment in a condition that is fit for purpose. Rental equipment is used for multiple purposes and, at the time of rental, is rarely new or free from signs of wear and tear. Minor signs of wear and tear and differences in color or dimensions do not therefore count as defects that could affect the quality of the equipment.

The customer undertakes to use the rental equipment with care and in accordance with the provisions. In particular, the rented goods must be sufficiently sheltered from the public and, in the case of open-air events, protected from the weather. The operating instructions and safety guidelines must be strictly observed. Any alteration to the rented goods or the concealment or covering of the Skynight France SAS company logo is prohibited. In the event of non-compliance with this clause, the customer shall bear the costs incurred in restoring the rented equipment to its original condition.

The customer shall ensure that the rented goods are not placed in the hands of third parties and shall take all reasonable measures to insure the equipment against loss and theft.

The customer is required to return the rental equipment at the agreed time and place. In the event of a delay, any day that has begun will be billed at the agreed daily rate. Skynight France SAS reserves the right to claim further compensation.

Subletting or assigning the lease agreement is strictly prohibited.

The customer is responsible for the rented item for any damage, loss, or theft from the moment of receipt until the moment of return.

6. Licenses

6.1 The customer is responsible for obtaining the necessary authorizations, concessions, or licenses for the regulatory operation of the items rented from Skynight S.A. The related costs shall be borne by the customer.

7. Repairing defects

The customer is required to check the rental equipment from Skynight France SAS upon receipt. Any defects and/or repair requests must be immediately reported to Skynight France SAS in writing. Failure to do so will result in the loss of the right to have defects repaired.

In the event of the customer purchasing equipment, any warranty against defects is excluded.

If the written offer specifies a certain work result, the customer has the right to demand that Skynight France SAS repair or eliminate any defects. If these repairs or improvements fail, the customer may exercise their right to reduce or cancel their contract. However, the customer may not under any circumstances demand reimbursement of any costs incurred in fulfilling their obligation to check the equipment. If compensation beyond this obligation is required, please refer to section 12 of this document.

Any repair or maintenance work on the rented property during the rental period may only be carried out by Skynight France SAS or by a person designated by Skynight France SAS. Repairs before or after the return of the rented equipment shall be carried out at the customer's expense if they prove necessary due to improper use by the customer.

8. Payment, late payment

Unless otherwise expressly agreed in writing, the invoice sent to the customer for services provided by Skynight France SAS. will be based on the quote.

Unless otherwise expressly agreed, invoices from Skynight France SAS. are payable upon receipt. Payment shall be made in euros unless otherwise agreed in writing.

Any invoice not paid by the due date shall automatically bear interest at a rate of 18% per annum (i.e., 1.5% per month of delay) without the need for formal notice and without prejudice to our rights of recovery, with all costs to be borne by the debtors.

The offsetting of assets on the part of the customer against those of Skynight France SAS is excluded.

9. Retention of title, retention

Until full payment of the compensation by the customer, any equipment produced, modified, or sold to the customer in accordance with the offer remains the property of Skynight France SAS (for rental equipment, refer to point 5.3.).

The customer shall refrain from transferring, renting, lending, moving, pledging, leaving, or allowing any of its creditors to seize the equipment until it has been returned to the service provider or, in the case of purchase, until it has been paid for in full.

The customer's right of retention with regard to goods delivered by Skynight France SAS is excluded.

10. Rights of use and protection

All intangible property rights, the right to use and exploit the property produced by Skynight France SAS (including, but not limited to, plans, drawings, samples, models, etc.) are the exclusive and unlimited property of Skynight France SAS.

Skynight France SAS is authorized to use the ideas, concepts, methods, and techniques employed, including the know-how acquired, for the purpose of fulfilling the contract and for other purposes. The confidentiality of the customer's data and confidential files is guaranteed at all times (see also point 11).

Any violation will be prosecuted under civil and criminal law.

11. Data protection

Skynight France SAS may use and enjoy the data resulting from the contract with the customer. In addition, Skynight France SAS may use the contract for its own purposes and refer to its specific activity with the customer, for example in offers or events.

Skynight France SAS is authorized to use, or disclose to third parties, personal data communicated in confidence in connection with the performance of the contract.

All customer data will be processed in accordance with European legal agreements on data protection.

12. Liability

Skynight France SAS undertakes to fulfill its contractual obligations with due care and assumes liability for damage caused directly, either intentionally or through gross negligence, by Skynight France SAS or by a third party commissioned by it. Beyond this, particularly in cases of slight negligence or indirect damage, consequential damage, or lost profits, liability is excluded.

In all cases, the maximum liability limit is the amount paid by the customer for the services provided by Skynight France SAS.

Skynight France SAS accepts no responsibility in the event of improper and/or abusive use of the equipment provided.

13. Material and legal warranty

13.1 Unless otherwise expressly agreed in writing, where legally possible, all material and legal warranties are suspended.

14. Withdrawal, Resignation, Cancellation

Any order cancellation for any reason whatsoever made after the deadlines specified below will result in the full price of the order being payable. For the entire product/service family: 30 business days before the first day of installation/assembly/delivery/service.

In any event, regardless of the date of cancellation of the order, any deposits already paid and sums due on that date shall remain the property of the service provider.

Exception : In the event of the sale of products or the production of event-specific materials, all customer orders are firm and final.

For important reasons, Skynight France SAS may withdraw from the contract at any time. These reasons include, but are not limited to, late payment by the customer, changes in circumstances since the contract was signed that make performance of the contract unacceptable to Skynight France SAS, lack of cooperation on the part of the customer, etc.

15. Insurance

After signing the contract, the customer confirms that the goods rented from Skynight France SAS are insured at their replacement value against all risks of damage, with compensation paid to the customer, which must also cover operating losses resulting from any damage during the period in which the customer is unable to use the damaged goods or the time required to replace similar equipment.

In the event of theft, the customer is required to file a complaint with the police and have a report drawn up.

16. Severability clause

16.1 In the event that any provision of these Terms and Conditions is invalid, unauthorized, or unenforceable, the remaining provisions shall remain in full force and effect and shall not be affected thereby.

17. Legal forum and applicable law

All agreements and other legal relationships between the parties subject to these general terms and conditions are governed by French law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and other international conventions.

Any dispute arising from contracts or other legal relationships between the parties subject to these terms and conditions shall be settled at the place of jurisdiction located at the registered office of Skynight France SAS. However, Skynight France SAS reserves the right to choose to pursue its customer at the latter's head office or domicile.