General Terms and Conditions of Business
move ´n shoot Ltd. (the "Company") - based in Chistchurch - provides camera stands (“Rig”) for photography and film production mounted onto motor vehicles which are standing, pulled or moved by their own engine.
Mounting and handling of the equipment (Rig) during the entire production time
shall be performed by a Rig Operator provided by the Company.
These conditions shall be governed in accordance with New Zealand Law, the New
Zealand Photo, Film and Television code of practice and health and safety act,
provided nothing to the contrary has been agreed upon in writing.
In the event that these General Terms and Conditions of Business are inconsistent
with those of the customers or any third party entering into a business relationship
with us, the Company`s General Terms and Conditions of Business shall prevail,
even if we have not objected against those of the customers or a third party.
Charges
Chargeable fees as well as travel day costs (for Rig and Operator) will
be based on the relevant quotations given.
The offers remain subject to confirmation and non-binding provided no special
term of commitment has been guaranteed.
Expenses for rental cars used for transportation and telephone costs shall be
charged at a flat rate for each day and shall not be itemized on the bill.
All other costs concerning transport to and from location as well as completion
of the production will be charged for by itemized bills.
Working Hours
Each working or travelling day is charged on a basis of a working
period of 10 hours.
Each extra hour which has been commenced will be charged as an overtime hour as follows:
- 11-14 hours every started clock hour € 90,-
- 15 hours up every started clock hour € 120,-
The time of departure from the Company`s offices or the Rig Operator`s hotel
will be considered as the beginning of the respective working/ travel day.
Interruptions of work at the production set, which enable a return to the hotel
allowing recreation phases, will be treated as interruption of the working day.
The latter is considered to be continued at re-departure to the production set.
Booking and Reservation/ Cancellation Fees
Booking can be done in writing or by telephone. Bookings can be cancelled
or changed free of charge up until 8 days before the Rig Operator`s departure.
From the 7th day onwards there will be cancellation fees calculated as follows:
- 50% for each travel and chargeable working day of the Rig Operator
- 50% for each travel and Rig-day of the working material (Rig etc.).
24 hours before the Operator`s departure the Company will charge
- 100% for each travel and chargeable working day of the Rig Operator,
- 100% for each travel and Rig-day of the working material (Rig etc.).
Flight and hotel cost as well as freight costs will be charged according
to the relevant receipts.
Cancellations due to the political situation or the weather will equally be charged
according to the conditions mentioned above.
Liability
The Company shall not be liable for either the quality of the photographs
and films or the outcome of the photographs and films or the local
conditions.
The Company shall not be legally liable of damages due to use during shootings
with motor vehicles moved by their own egine.
Damages to vehicles caused by mounting or de-mounting of Rigs shall be adjusted
after expert evaluation.
Special constructions required for non-standard vehicles require an early inspection
of the motor vehicle.
Any costs deriving from this will be charged to the customer`s account regardless
of any follow-up orders.
The Company and its staff commit themselves to maintain confidentiality regarding
all technical details as well as insider information about the productions.
Legal liability for slight negligence shall be excluded.
This shall also apply to own faults and responsibility for executive organs and
fault caused by vicarious agents or sub-contractors.
The Company shall not be legally liable towards companies, legal persons under
Public Law and public special assets in the sense of § 310, paragraph I,
German Civil Code, for even gross negligence of any vicarious agent.
To the extent the Company`s liability is excluded or limited, this shall also
apply to the personal liability of employees, members of staff, agents and vicarious
agents or sub-contractors of the Company.
Terms of Payment
When an order is placed, a payment sum on account of 50% of the quotation
shall be due.
The final payment shall become due and payable 14 days after the day of the final
invoice.
If circumstances become known which put the customer`s solvency or readiness
to make payment into question, in particular, if cheques have not been cashed
or if due payments have been stopped or if the customer is in arrears with his
payments, the Company shall be entitled to demand immediate payment of the full
balance. This applies also if cheques have been accepted and/or payment periods
and prolongation of payment had been granted beforehand.
The customer shall only be entitled to set-off, retention or deduction, also
in case if notice of defects, complaints or counter-claims have been ascerted,
if any such counter-claims have been legally determined or if they are undisputable.
Duesseldorf shall be the place of jurisdiction. These conditions shall be governed and construed exclusively in accordance with the German Law.
