These "General Conditions" apply to all sales, rental, and assembly contracts concerning the products of Daylight bvba (hereinafter referred to as "Daylight") that are concluded between Daylight and its customers. Daylight's General Conditions take precedence over any differing conditions of the customer. Additional conditions from the customer that are not expressly and in writing accepted by Daylight are hereby excluded.
An agreement is validly established by the customer's signing of the order form. The delivery times specified by Daylight are purely indicative and do not create a result obligation on the part of Daylight. Late deliveries in no case give the right to cancel the order or claim damages, unless expressly and in writing agreed otherwise. If Daylight, due to any cause independent of its will, is definitively unable to execute an accepted order, it may dissolve the contract by means of a simple notification to the customer, without this giving rise to any damages. The compensation requested by the customer from Daylight in case of interruption, error, failure, defect can never exceed the agreed rental price.
The products are deemed delivered as soon as they are made available to the customer for collection in the premises of Daylight, or, if Daylight is responsible for delivery to the customer, from the moment the products are within the enclosed space, the grounds, or the buildings of the customer, regardless of whether they have been unloaded or not. From that moment on, the risk for the goods is transferred to the customer.
If it is agreed that Daylight is responsible for on-site installation, the customer is obliged to communicate all assembly and disassembly details, as well as all programming and location details, in writing and dated, to Daylight no later than fourteen days before the assembly date. If Daylight is not expressly charged with the necessary construction, the customer must ensure that this construction is sturdy and safe and at least resistant to wind speeds of 120 km per hour. If these constructions prove not to be sturdy or safe, the customer will nevertheless be obliged to pay 50% of the price for rental, the full price for sale. If Daylight places the constructions (scaffolds, trusses, poles, etc.), it is prohibited to attach anything to the scaffolds or other constructions of Daylight without written permission. This can have significant implications for wind load and the safety of the constructions. If the customer wishes this, Daylight must be informed in writing in advance so that Daylight can take this into account when constructing the constructions and possibly place extra concrete or provide a larger ground area. The customer will ensure that the location is equipped with a legally approved electrical installation of 1 x 16 A/220 V plus good grounding per message board. He will also provide a safe, dry, and nearby storage space for the placement of the products' controls. The customer will provide safe parking space for all vehicles of Daylight; four members of Daylight's technical staff must be able to move everywhere their function requires. All possible taxes and duties are borne by the customer, who must also provide the necessary permits. Daylight can never be held liable for the customer's failure in this respect.
In case the delivery shows visible defects or is not in conformity with the accepted orders, the customer must take note of this at the time of delivery. Within 24 hours after delivery, the customer must inform Daylight in writing of the defects or the non-conformity of the goods. After the expiration of this term, the goods are considered definitively accepted by the customer. Under no circumstances can goods be returned to Daylight without her written permission.
An agreed deposit must be paid with each order. The balance must be paid upon delivery of the order, which will also be the invoice due date. Exceptionally and only if expressly determined in writing, the invoice will be payable 30 days. Any amount unpaid on the due date will, without prior notice, be increased by a flat-rate compensation of 10%, with a minimum of 200 Euros per invoice that was not fully paid. In addition, any amount unpaid will, without prior notice, from the day payment was due until the day of actual payment, be increased by default interest of 1% per month.
In case of cancellation of rental or assembly orders by the customer, a compensation equal to 30% of the price must be paid. If cancellation occurs less than 30 days before the scheduled delivery date, the compensation is 50%. In the event of cancellation on the day of delivery itself, the customer is obliged to pay the full price. A sale cannot, of course, be cancelled. However, Daylight has the choice to either demand the execution of the agreement in court and thus demand payment of the price, or to declare the agreement dissolved at the expense of the customer by means of a simple notification. In the latter case, the customer must allow Daylight to take back the products – the compensation payable by the customer to Daylight then amounts to 50% of the price. The customer waives the right to invoke the exception of non-performance of the agreement. The delivered products remain the property of Daylight until the purchase price is fully paid. Until then, the customer is not entitled to transfer the products to third parties. This retention of title does not affect the transfer of risk for the products as determined in Article 3.
Provider of the warranty and duration of the warranty
A carry-in warranty of 1 year is provided by Daylight bv for all products sold by Daylight bv.
The additional manufacturer's warranty is provided by the manufacturer of the purchased devices. The duration of the warranty thus depends on the manufacturer and the device purchased.
Masterclock provides a limited carry-in warranty of 5 years on all Led clocks and Time servers sold by Daylight bv. This only covers spare parts and not labor. Transportation costs are never covered by the warranty since it is a carry-in warranty.
Adaptive Micro Systems provides a limited carry-in warranty of 5 years on all Led Displays sold by Daylight bv. This only covers spare parts and not labor. Transportation costs are never covered by the warranty since it is a carry-in warranty. A warranty of 1 year is given on all accessories and spare parts.
All other products are covered by the standard warranty of the manufacturer and the duration depends on the manufacturer and the product.
If the manufacturer defaults on its warranty, Daylight bv itself will provide a 1-year carry-in warranty but Daylight is never responsible for the manufacturer's warranty or for a warranty longer than 1 year.
Start of the warranty
The warranty period begins on the invoice date and has a duration of 1 year. The warranty is automatically transferred without charge to any subsequent owners if the original owner notifies Daylight of the sale and provides the coordinates of the new owner. If this does not happen, the warranty is reduced to 6 months from the original first purchase. If the customer does not have an invoice for the purchase, the serial number and the "Date of Manufacturing" mentioned on the product count.
Description of the warranty
The Daylight warranty covers any defect that can be attributed to a manufacturing or assembly error under normal use for a period of 1 year. Within the 1-year warranty period, Daylight performs all repairs completely free of charge. Both parts and labor are free. Transportation costs are never covered by the warranty since it is a carry-in warranty. The warranty is only applicable if the products have been maintained in a normal manner. The costs for normal maintenance are always borne by the customer or the user and always fall outside the Daylight warranty.
The additional manufacturer's warranty from Adaptive Micro Systems of 5 years on the Led Displays includes the electronic and mechanical components of all Daylight Led Displays. The warranty also includes replacing non-functioning LEDs if more than 1% of the LEDs of a Led Display no longer function. The manufacturer defines "non-functioning" as the LEDs no longer emitting light. As with all Led Displays, the LEDs may dim to a point where the LEDs need to be replaced while the LEDs actually still emit light. This warranty does not cover the dimming of the LEDs. This offer is valid on the entire Daylight Led Displays range but is not valid for accessories, software, and peripherals. The 5-year warranty is only valid on the new Led Displays purchased from Daylight bvba or its dealers in the Benelux. A 5-year carry-in warranty is valid for all Daylight Led Displays. If we have to come on-site for Daylight Led Displays, travel or call-out charges will be billed. If a cherry picker or crane is necessary for the execution of the repair, this must be provided at the expense of the customer as this is not covered by the warranty.
The additional manufacturer warranty from Masterclock of 5 years on the Led clocks and Timeservers includes the electronic and mechanical components of all Led clocks and Timeservers. This offer is valid across the entire Masterclock range but does not apply to accessories, software, and peripherals. The 5-year warranty is only valid on the new Led clocks and Time servers purchased from Daylight bvba or its dealers in the Benelux. A 5-year carry-in warranty is valid for all Masterclock products. If we have to come on-site for Masterclock products, travel or call-out charges will be billed.
For all other products, the manufacturer's warranty conditions apply.
Geographic Scope
The warranty is applicable in Belgium and the Netherlands.
Customer's Responsibility
The customer is responsible for routine and preventive maintenance, such as the maintenance of fans and filters. Failure to maintain the fans and filters results in these components no longer being covered by the warranty. The Led Display must be maintained in accordance with the guidelines and instructions of Daylight bvba and the manufacturer. The Daylight Led Displays may only be used in accordance with the appropriate environmental grade (IP value).
All Masterclock products may only be used in accordance with the appropriate environmental grade (IP value) for indoor setup.
All other products may only be used in accordance with the manufacturer's instructions and manual.
Limitations of the Warranty
The Daylight warranty is limited to defects in the products that could not reasonably have been detected at the time of delivery and to the performances guaranteed by Daylight. No warranty is given in case the hidden defect could not have been foreseen. The warranty also expires if it turns out that, without the prior consent of Daylight, attempts at repairs were made by the customer or third parties, changes were made to the products, the usage instructions were not followed, or in the case of using incorrect consumables or spare parts.
Daylight is not responsible for damage or defects resulting from misuse, incorrect installation (contrary to the installation manual and specifically the connection of the grounding), or service performed by others than Daylight technicians. Daylight is not responsible for power failure, overvoltage, lightning strike, fire, flooding, earthquake, storm, and other natural disasters, vandalism, failure to close the led displays after service, damages from environmental conditions beyond Daylight's control such as corrosion and air pollution, terrorism, and war. If spare parts not supplied by Daylight are used, the warranty is completely void. Daylight can never be held responsible for any form of consequential damage or financial loss. The warranty also expires if it turns out that, without the prior consent of Daylight, attempts at repairs were made by the customer or third parties, or changes were made to the products. User damage is never covered by the warranty. Daylight cannot be held liable for any consequential damage in any way.
General
This warranty can never be verbally adjusted. The provisions can only be amended after written agreement from Daylight bv.
Daylight only provides a medium and can therefore never be held liable for the content of the messaging. It is always the sender of the messages or the client of Daylight who is liable for the content of the messages.
The agreement between Daylight and the customer can be terminated immediately and without prior notice by Daylight when Daylight learns that the customer is ceasing operations, is declared bankrupt, submits a petition for concordat or for deferral of payment, or proposes a conciliatory agreement to its creditors in an amicable manner. A simple notification to the customer will suffice. The rented and the goods not yet fully paid for in the sale that remained the property of Daylight due to the retention of title will then be retrieved. Daylight cannot be held liable for any compensation to the customer or to third parties.
In all disputes concerning these General Conditions and the contracts to which they apply, only the courts of the judicial district of Ghent are competent. These courts will apply Belgian law.