These are my

Terms & Conditions

of business

  • 1 - In these Terms and Conditions, unless the context otherwise permits or requires the following expressions shall have the following meanings:

    2 - "The Company" means ANDY CURD PRODUCTIONS LTD whose office is situated at 195a Kenton Road, Harrow, Middlesex, United Kingdom, HA3 0HD.

    3 - "The Customer" means any person, firm or company requesting the Company to produce, supply or provide a product or service and includes any servant, agent or subcontractor of the Customer.

  • 4 (A) - Any business undertaken by the company or any information advice or service supplied by the company, (whether charged for or not), is undertaken or provided subject to these Terms and Conditions which shall be the terms of any contract for supply of goods or services between the company and the customer.

    (B) - These Terms and Conditions subject to and together with any variation agreed in writing between the company and the customer shall constitute the entire contract between the company and the customer and shall over-ride or supersede any previous agreement or arrangement between the Company and the Customer and shall operate to the exclusion of any Terms and Conditions at any time imposed by the Customer.

    (C) - The Customer acknowledges that it has not entered into this agreement relying upon any representation made by or on behalf of the Company and without prejudice to the generality of the foregoing the Customer had not relied upon any correspondence, statement or sales literature issued by or on behalf of the company.

  • 5 (A) - All prices quoted, unless otherwise stated, exclude Value Added Tax (VAT). Prices are subject to the addition of VAT where applicable at the rate ruling at the date of invoice.

    (B) - Payments must be made in full before goods or services are legally transferred from the ownership of ANDY CURD PRODUCTIONS LTD. Settlement terms are strictly net, and we reserve the right to charge interest on overdue accounts at the current ‘reference rate’ of the Bank of England + 8%, if the final amount hasn’t been settled after 30 days.

    (C) - 50% is required in order to secure bookings. Full payments are required before goods or services are legally transferred from the ownership of the Company to the Customer.

    (D) - Deposits are only refundable if unable to offset against additional works or customer service requirements. Whereas this is not the case Kamaji reserves the rights to recoup costs incurred during business dealings with the client.

    (E) - Whereas weather conditions are unsuitable for filming and a decision is made prior to setting off from head office, either an alternative day can be arranged or the cost of the hire plus mileage will be refunded, minus a 25% administration cost.

    (F) - Where the decision is made by the customer to attend the filming location then ANDY CURD PRODUCTIONS LTD reserves the right to charge the full fee and any other costs associated in attending the location.

  • 6 (A) - The contract shall require the Customer to give particulars sufficient to enable the Company to deliver at the time or times or within the period so specified.

    (B) - Where the Customer must perform any act to enable the Company to delivery/provide the good/services, such act must be so performed as to enable the Company to make delivery within the time stipulated. If default is made in performing such act and the Company is thereby unable to deliver within the Contract time, the Company shall have the right to cancel any deliveries or services and any loss sustained by the Company shall be paid by the Customer.

    (C) - If by the completion date (subject to any extension agreed upon) any goods or services under this contract that have not been taken up by the Customer, the Company shall have the right to cancel any goods or services which they have been prepared to deliver/provide but which have not been taken up. Any cancellation under this clause shall not prejudice the right of the Company to claim damages against the customer.

    (D) - The Company reserves the right to impose a cancellation charge of 50% if a customer's order/booking is cancelled through no fault of the Company within 48 hours of the agreed production date.

    (E) - The Company reserves the right to charge for storage of the goods/ materials where the Customer fails to give delivery instructions which fourteen days of it being notified the goods or materials are ready for delivery or collection.

    (F) - All filming times quoted are approximate.

    (G) - The Company shall not be liable in any way in respect of late supply / delivery howsoever caused, nor shall such failure be deemed to be a breach of the Contract. Any suggested supply/delivery or completion date is given as an estimate only and is not to be of the essence of the Contract.

    (H) - The Company will not accept responsibility for any loss arising from the non-availability of materials or the delay or lack of delivery of goods arising from causes beyond our control. This might include, but is not limited to, talent, products/services to be showcased.

    (I) – Unless otherwise agreed, the Company will not accept responsibility for the appearance of talent, products or services to be showcased.

    (J) - In the case of delivery of goods/services by instalments the Customer will not be entitled to treat delivery of unsatisfactory services or goods in any one instalment or the late delivery of any one instalment, as a repudiation of the whole Contract.

    (K) - The risk in the provided goods or services is passed to the Customer upon delivery of said goods or services, in accordance to agreed fulfilment requirements; however, title in the goods or services remains vested in the Company and shall only pass to the Customer upon full payment being made. The Customer agrees that prior to the full payment being received they may not use, publish, claim as their own or show said goods or services. The customer also agrees that should full payment not be made the Company may at any time enter upon the Customer's premises and remove the goods or vested materials therefrom.

  • 7 (A) - The Company shall not be liable for any consequential loss of the Customer of whatever nature arising from any breach of Contract on the part of the Company.

    (B) - Insofar as the Company is liable for any cost claim or demand whatsoever of the Customer, the liability of the Company shall be limited (at the discretion of the Company) to:

    (i) Reshooting footage.

    (ii) Making good the defect

    (iii) Allowing a part or full credit for the cost of the defective goods or work done on them by the Company.

    (C) - The Company reserves the right to cancel a Contract or an Order if the Customer breaches any terms of any Contract with the Company or enters into receivership or liquidation or commences legal proceedings which involves the Customers solvency.

  • 8 (A) - The Company does not guarantee its ability to provide the exact filming service requested but will use its best endeavours to produce footage 'as close as possible' within the acceptable limitations of filming capabilities.

    (B) - The Company will use its best endeavours to reproduce the requested footage towards the Customer's brief, but the Customer accepts the limitations of the filming products.

    (C) - The Company retains copyright of its own technology, designs; logo's and accepts no responsibility for infringement of patent or copyright of any third party incurred in carrying out the Customer's directions.

    (D) - It should be understood that bookings are made in regards to operational availability and not operational filming hours.

    (E) - Where the Customer provides the camera system to work in conjunction with our production grip and/or equipment, it is understood that the Customer does this at their own risk and will not hold the Company responsible for any loss of revenue or damage to equipment. It is up to the Customer to ensure appropriate insurance cover is gained prior to commencement of any film work associated with the camera system.

  • 9 (A) - The Company does not accept responsibility for the suitability, or any particular end use of the material provided unless previously agreed by the company in writing. The Customer acknowledges limitation of film cameras depending on aerodynamics' , battery limitations, payload restrictions, weather restrictions, filming legislations together with electrical interference issues (both natural and man-made).

    (B) - It is the Customer's responsibility to ensure that the use of theservices supplied by the Company complies with legal permits (where required), complies with Regional / Local Authorities and their infringement thereof the Customer will not be entitled to compensation for any breach of Contract Hire.

    (C) - The safe operation of film cameras is the responsibility of the Company. The company therefore reserves the right to refuse any and all direction from the Customer whereas it is deemed hazardous to health, infringes or conflicts with filming legislation and any instances which may cause damage to the Camera systems.

    (D) - ANDY CURD PRODUCTIONS LTD will endeavour to help obtain required filming permission, however no guarantees can be made as to if permission will be granted. The Customer is responsible to renewing any permission.

  • 10 (A) - All bookings are directly subject to weather restrictions and are subject to the correct weather conditions on the day. It is obviously impossible to predict the weather for filming in advance . ANDY CURD PRODUCTIONS LTD therefore reserves the right to cancel bookings, in the case of poor weather by providing 24-hours' notice. Whereas such cancelations occur, it will be done under mutual agreement. Should the customer wish to proceed with the filming and go against ANDY CURD PRODUCTIONS LTD’S weather predictions, ANDY CURD PRODUCTIONS LTD will endeavour to provide the service but will not guarantee suitability of footage gained and the client will be charged as normal. Whereas the client cancels the booking under filmable weather conditions, ANDY CURD PRODUCTIONS LTD reserves the right to charge the client for any and all costs incurred. Should unsuitable filming weather continue beyond the clients' deadline and no further options are available, ANDY CURD PRODUCTIONS LTD will refund payments providing no filming attempts have been made. Where the decision is made by the customer to attend the filming location then ANDY CURD PRODUCTIONS LTD reserves the right to charge the full fee and any other costs associated in attending the location.

 
 

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info@willykarson.com
 
 
 

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