Terms & Conditions 2019Introduction
1.0 TERMS & DEFINITIONS.
1.1 “Company” means PAweddings or PAvideo.
1.2 “Client” means the individual.
1.3 “Conditions” means the terms of sale.
1.4 “Products” means goods and services.
1.5 “Rate” means the price relating to the Products or services.
1.6 “Rate” means the prices of Products and/or services.
2.0 CONDITIONS APPLICABLE.
2.1 The Company shall present the Products to the Client who shall agree to these terms stated by any quotation supplied by the Company verbally or in writing.
2.2 This agreement shall become legal and binding once the 20% deposit has been credited to the Company in cleared funds from the Client. A deposit taken by the company is clearly defined verbally or in writing as non-refundable under these terms in the event of a cancellation, therefore it’s the Client’s responsibility to understand this agreement/terms prior booking with the Company. By releasing a deposit to the Company, the Client agrees to be bound by the terms herein.
3.0 PERCENTAGE RATE, PAYMENT & RIGHTS TO CANCEL.
3.1 As provided otherwise herein the Rate shall be that as stipulated in the Company’s terms published price list current at the date of order of the Products.
3.2 Any event of any increase in the cost to the Company of raw materials, labor, overheads, or any increase in taxes or duties, or any variation in exchange-rate the Company may increase the price payable under the contract upon written notice.
3.3 A 20% deposit of the total agreed rate is required to secure a booking under these terms stated. Until this deposit has been received the Client’s date is still open to an alternative booking by another party. This deposit is non-refundable. All remaining balance payments/monies are invoiced and must be paid in full to the Company two weeks before the project start date. Failure to abide by this policy stated may render the project void, with no issue of monies already paid to the Company refunded. The Company upon receiving project payments will issue the Client with a confirmation letter and receipt (s) or details of a final invoice payable on the return of a signed contract and booking form. Without a Clients return of contract, a booking becomes void within 30 days of its issue. Missed payments may render the arrangement void with no refunds granted to the Client. The Company reserves the right to cancel the booking with the Client no later than four weeks before the Project providing a full refund to the Client and without liability.
3.4 The Client is entitled to cancel the terms of agreement/contract in writing or e-mail with the Company no later than four weeks before the project date. In doing so, the Client accepts that they will lose any funds already paid to the Company, in full or in part towards the Products entered into, regardless of the status of the Project at the time of cancellation. Part Cancellation of a project agreement in the case of booking both Video and Photography together. The Client must inform the Company in writing/e-mail no later than four weeks before the project start date if they wish to cancel either one of these services. Otherwise, the client is responsible to complete both service payments in full to the company as agreed in the original contracted booking. Furthermore, the Company reserves the right to pursue the Client for outstanding debts owed to the Company for, but not limited to, materials, labor, overheads and allocated time appointed to the Client upon the duration of the agreement/contract outstanding at the time of cancellation.
3.5 Payment of the Rate shall be due subject to agreed terms. The Client shall make payment in full following the issue of an invoice for either 14 or 28 days unless agreed otherwise. Time for payment shall be of the essence. The Client will pay the price in full without discount, (except for any discount allowed by these terms).
3.6 The Company reserves the right to apply interest to the Client’s invoice should payment exceed the 14 or 28 days allowance. This shall accrue from the date when payment becomes due until the date of payment at a charge of 6 percent above the Bank of England’s base rate, per annum. This will be charged and applied on a day to day basis and shall accrue at such a charge after, as well as before, any judgment until payment is received in full and in cleared funds.
3.7 The Company also reserves the right to claim reasonable debt recovery costs in pursuing such debt by the Client. Cost relating to debt recovery agencies, solicitors, court fees and interest as described in paragraph 3.6, may be combined and added to the Clients’ outstanding account. The Client will then be liable for the settlement of such costs to the Company who shall be notified in writing before enforcement action commences.
3.8 Deposits paid by the Client to the Company are non-refundable, Should the Client cancel the order on which a deposit has been paid the Company has the right not to refund.
3.9 If the Client fails to make any payments following the terms and Conditions-hereof, the Company, in addition to its other rights and remedies but not in limitation thereof, at its option may defer deliveries or services under any contract with the Client.This condition will remain in place until such a time that cleared funds are received.
4.1 The quantity and description of the Products shall be set out by the Company within any quotation/sales order/invoice.
4.2 The Client may request changes in the specification of the Products, which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Client’s specification.
4.3 No order which has been accepted by the Company may be cancelled by the Client save with the agreement in writing of the Company and on terms that the Client shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges, and expenses reasonably incurred by the Company as a result of cancellation.
4.4 Proofing of the Product is vital, any image, album, DVD, CD, USB Stick, and Blu-ray Disc handed over to a client-first requires proofing and is not necessarily deemed by the company to be the finished product until both the company and client feel satisfied.
4.5 Duplication of the Product created for the Client from the original can be obtained from the Company on a variety of media. These are charged to the Client at the current duplication rate with a standard DVD / CD copy costing £15.00 and a Blu-ray Disc copy costing £40.00 these prices quoted include case.
4.6 Data Transfer/Re-edit of a client’s CD/DVD/BLU-RAY is free within the first seven days of its delivery of proofing, however, charges will be applied thereafter at our current rate of £45.00 per hour. Raw Footage or Rushes from the Project are stored digitally and are obtainable from the Company. This service is charged at an hourly Rate in direct relation to the recorded material referred.
4.6 The copyright attached to every Product produced by the Company, and unless otherwise expressly stated in writing between both parties, remains in the sole ownership of the Company. Duplication, lending, hiring, public performances, broadcasting, editing and distribution for profit or otherwise is strictly prohibited unless agreed by the Company in writing. Fees determined by the Company may apply to the Client should the Client so wish to obtain the full copyright license for their product. This would effectively transfer rights over to the Client in determining duplication and distribution arrangements of their Product without consequence, restriction or loss.
4.7 Soundtracks may be included for the final Product by the Client but it is the Client’s responsibility to obtain the relevant copyright agreement from such parties. Disputes arising from copyrighted material to the Company under such circumstances shall be directed towards the Client in the first instance. Copyright-free soundtracks are an alternative.
4.8 The Company reserves the right to display, edit, sell, broadcast and exhibit the Product in part or its entirety and at its discretion unless otherwise agreed in writing by the Client. This may be for demonstration purposes by the Company.
5.0 WARRANTIES AND LIABILITY.
5.1 The Company warrants that Products sold as new will be free from defects in materials and workmanship for 90 days from the delivery date (the warranty period). If the Client returns to the Company, any Products, which the Client claims, are in breach of this warranty not later than the expiry of the warranty period and following clause 4.0, the Company shall endeavor to rectify or replace such Products.
5.2 Manufacturers’ warranty is for 12 months, the Company shall make its best endeavors to assist the Client with the arrangements for the manufacturer’s warranty.
5.3 The Company shall at its own expense and within a reasonable time of receiving those Products, investigate the Client’s claim and the Company may repair or at its option replace the Product or such parts of the Product as are defective.
5.4 Returning Products, the Client shall provide a written description of the defect in which the Client is covered by the warranty as well as to include the original invoice or receipt (or copy thereof) issued by the Company for those Products. If the Client fails to provide adequate proof of purchase then the Company shall have no obligation to consider the Client’s claim for breach of warranty.
5.5 The warranty contained within paragraph 5.1 is continued on the proper use of the Products by the Client and does not cover any part of the Products, which has been modified without the Company’s prior written consent. In addition, Products which have been subjected to unusual physical or electrical stress or on which the original identification marks have been removed, or where such repair attempts have been made without the Company’s knowledge, hazard, misuse or failure or fluctuation of electrical power, air conditioning, humidity control, transportation or other causes other than ordinary use.
5.6 In any event and in no circumstances shall the Company be liable in contract, (including negligence or breach of statutory duties) for any increase in costs or expenses relating to loss and damages, business contracts, revenues or anticipated savings, or for any special direct / indirect or consequential damage of any nature whatsoever by the Client.
5.7 Procedures are in place to protect the Client from the unlikely event of a non-conforming Product. These include, but are not limited to, poor image and/or sound integrity, failure to digitally record/capture an event (physically or mechanically), inferior film stock, loss of original footage through transit, fire or theft.
5.8 All equipment is checked by the Company before a Project for correct running operation. If a fault is detected before the Project, the Company will correct by either repair or replacement. This also applies to loss, theft or damage of equipment before a Project date. Faults, which develop during the Project, will be dealt with to the best of the operator’s ability. In the event of complete system failure, the Company depending upon the circumstances involved may issue a part or full refund.
5.9 In the unlikely event of ill health preventing the original operator attending the Project, every effort will be made for a replacement operator – even if this is at short notice. The quality of the Client’s Product will not be compromised. If a replacement operator cannot be found then a full refund will be paid only, and without liability, by the Company.
6.0 DELIVERY OF PRODUCTS.
6.1 Delivery of the Products shall be made by the Company utilizing at his discretion the most secure and cost-effective means possible.
6.2 Under normal circumstances, the Company expects to present the Client with the final product within 90 days from the commencement of the Project date. This may vary due to, but not limited to, system failure, maintenance, heavy bookings or holiday periods.
6.3 The Company shall use its reasonable endeavor to meet any date stated for delivery.
6.4 The Company shall not be liable for any delay in delivery howsoever caused.
6.5 Delivery shall be treated as a separate contract governed by these Conditions.
7.0 ACCEPTANCE OF THE PRODUCTS.
7.1 The Client shall be deemed to have accepted the Products after 7 days have expired beyond the delivery date to the Client.
7.2 After acceptance, the Client shall not be entitled to automatically reject Products, which are not following the contract.
7.3 If the final product is deemed to be of inferior quality by the Client in terms of image and/or sound, then the Client is entitled to free corrective work to resolve the problem should the Company agree with the Client’s claim. Alternatively, the Company, at its discretion may decide to issue an appropriate credit refund, which fairly reflects the loss of quality to the Client.
7.4 Additional alterations and preferences presented by the Client to the Company, and after adhering to paragraph 7.3, in terms of but not limited to; soundtrack preference, sequence of shots, design layout, image preference or similar changes will be chargeable at the current hourly rate and after the final proof has been completed and approved by the Client.
7.5 Transit damage must be reported in writing to the Company within 48 hours of receipt. Outside of this period, transit damage will not be accepted as a reason for rejection.
8.0 TITLE AND RISK.
8.1 The Client has the opportunity to purchase insurance either independently or from the Company to cover themselves against losses and damages not covered by this agreement. The Company includes no insurance unless otherwise agreed. The Company requires duplicates of insurance documents before any Project.
8.2 Risk of damage to or loss of the Products shall pass to the Client at the time of shipment from the Company’s premises.
8.3 Notwithstanding any other provision herein, title in the ownership of the physical Products in question (not including copyright or licensing permission) shall not pass to the Client until the Company has received in cleared funds payment relating to such services in full.
8.4 It is the responsibility of the Client to establish the relevant permission for a Project venue unless otherwise agreed beforehand. The Company will not be held liable for unauthorized access or for any fees involved in gaining such permission. The Client will not be eligible for any refund from the Company in such an event.
9.0 INSOLVENCY OF CLIENT.
9.1 If the Client makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a Company) goes into liquidation (otherwise than for amalgamation or reconstruction). Should a receiver take possession of any of the property or assets of the Client; or the Client ceases or threatens to cease trading, or the Company reasonably apprehends that any of the events mentioned above is imminent, the Company so notifies the Client accordingly.
9.2 Should the Clause then apply, without prejudice to any other right, or remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Company. If the Products have been delivered but invoices remain outstanding then these shall become immediately due and payable despite any previous arrangement or agreement to the contrary.
10.1 Neither party shall be liable for any delay or failure to perform any of its obligations if their delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of time for the performance of its obligation upon an investigation of the circumstances. The company is not liable for Project restrictions, delays, time schedules, none compliance of clients, family and guests whilst being photographed or filmed.
10.2 Any notice required or permitted to be given, by either party to the other under the Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified according to this provision to the party giving notice.
10.3 Each party agrees to treat as conditional and not to divulge to any third party without the prior written consent of the other, details of the other business operations, proprietary rights, and techniques, contemplated new products and customer lists.
11.0 CONSEQUENTIAL LOSS.
11.1 The Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits income or accrual of loss of such profits income production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis, to the fullest extent of the law.
12.0 FORCE MAJEURE.
12.1 The Company shall be entitled to delay or cancellation of services/deliveries or to reduce the amount delivered, if it’s prevented, hindered or delayed in manufacturing, obtaining or delivering the Products by normal routes or means of delivery through direct circumstances beyond its control. These not limited to; strikes; lockouts; accidents; war; fire; reduction in or unavailability of power at the Company’s premises, breakdown of machinery or shortage/unavailability of raw materials from a normal source of supply.
13.0 ADDITIONAL COSTS.
13.1 The Client agrees to pay for any loss or cost incurred by the Company through the Client’s instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Client, servants, agents or employees.
14.0 DISPUTES AND GRIEVANCES.
14.1 A dispute arising from the agreement/contract between the Client and the Company should be addressed in writing to the Company in the first instance. The Company is in no way liable to losses or damages complained of by the Client outside our boundaries.
15.0 PROPER LAW OF CONTRACT.
15.1 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales
e-mail: Paul@paweddings.co.uk For further info.