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General Terms and Conditions of lease and sale of the Eye Lite Group (ELG)

These General Terms and Conditions shall, without any limitation, apply to any legal relationship of lease or sale between any of the companies belonging to the ELG and our customer, providing nothing to the contrary has been agreed upon.

Our customer can find the General Terms and Conditions on the web site of the ELG or available upon request and printed together with the offer. By reading the documents , the customer or his representative acknowledges and agrees with the General Terms and Conditions of Lease and Sale of the ELG when signing the contract or the delivery note.

In the event of inconsistency between the General Terms and Conditions of the customer and those from the ELG, our General Terms and Conditions will prevail unless a specific agreement has been signed between our customer and the ELG.

Lease of film equipment and sales of expandable or investment goods

  1. The customer remains fully responsible for the use and compatibility of the hired equipment when they are in his possession. This is also valid for the acquired goods with its purpose.
  2. By taking charge of the equipment the customer fully agrees on the General Terms and Conditions of the ELG, and the specific conditions of the terms of the offer.
  3. By taking charge of the hired of acquired goods, the customer agrees that the equipment has been fully checked, for correct functionality and completeness before receipt or delivery.
  4. Delivery schedule is never 100% guaranteed even if the date has been confirmed in a written agreement.
  5. Delays in delivery do not constitute grounds for claim, penalties or cancellation of the contract.
  6. Any complaint should be notified by registered mail within 8 working days.
  7. Orders or modifications of the order should be notified during working days and office hours (from Monday to Friday, 08h30 to 18h00)

Specific lease conditions

  1. The hiring period is calculated from Delivery from a warehouse of the ELG until the equipment is returned into the same warehouse, in the same conditions as received. Any loss, damage or malfunctioning should be immediately reported to the rental company, and a complain filed to the competent authority if applicable. In the event of non- return of the hired goods in perfect condition, the customer will be liable for the risk of vacancy at a flat fee calculated on the daily rental price (1 week =3 days) and for a maximum of 10 consecutive weeks.
  2. The customer is responsible for a full test run of the equipment before their intended use and for any configuration or specific settings.
  3. The customer should guarantee the use of the goods by experts or qualified crew members and following the terms in the user’s manual of the manufacturer. The customer remains responsible for all crew members, colleagues and all persons using or operating close to the equipment.
  4. Drivers for the vans and trucks leased by the ELG should have an ad-hoc driving license since minimum 2 years.
  5. When confirming the order, the customer should give to the ELG all information related to the period of use (length, first and last day, preparation, mounting or dismantling, standby). Any changes should be notified to the ELG. All contract extension will be subject to budgetary adjustments. In the event of contract extension, the ELG may require the return of the goods with replacement by equivalent equipment.
  6. In the event of damage or loss, the hiring period is automatically extended until the concerned equipment is returned, repaired or replaced by his equivalent. The budget adjustment should not exceed 10 x the weekly rental fee for this equipment.
  7. Cancellation of a confirmed lease should occur minimum 7 days before the date of delivery or the test period and only if the ELG has not incurred expenses or logistics decisions for this specific order. Below this 7 days, a penalty fee of 10% of the order is due.
  8. In the event of malfunctioning or failure of the equipment during the hiring period (without any customer’s responsibility) the ELG will implement all means to repair or replace the equipment as soon as possible. The equipment should be returned promptly to a ELG warehouse at the customer’s expenses. The hiring fee is not adjusted in case of failure or malfunctioning.
  9. The customer has no rights to repair, dismantle or intend modifications to the equipment especially in the maintenance or manufacturer’s menus. Any malfunctioning due to non-authorized manipulation are under the customer responsibility.
  10. The customer shall use due care when handling the goods transferred to him and these should be at any time stored in a secured place kept away from any risk.
  11. The ELG shall never be responsible for any loss, damage, expenses, lost shooting period or reshoot, post production costs or any cost of the customer or a third party.
  12. Any third party right to claim for authors rights are at the charge and responsibility of the customer.
  13. At the completion of a project (partly or fully) shot with equipment from the ELG, the customer acknowledges the ELG as his official supplier and authorizes the use of images, posters, promotional material, logos by the ELG without prior notice.

Insurance conditions

The customer should provide a comprehensive All –Risk insurance with replacement value as new.

The customer could request to benefit from the ELG comprehensive All –Risk insurance. (outside glass damages but including risk of vacancy)The fee for the insurance provided by the ELG will be calculated according the rental period and the value of the equipment, following the formula:
number of days starting from the delivery day x total value of the equipment x 0,0002€

Exemption payable by the customer for each claim: camera equipment 3.500€, light equipment 2.500€, vans under 3.5T- 2.500€, trucks over 3.5T- 3.500€ and Civil Responsibility for driver 650€.

In the event of theft, the exemption will be 10% of the replacement value of the stolen equipment with a minimum of 3.500€ for camera gear and 2.500€ for all other gear.

In the event of dangerous or hazardous conditions of shooting (at sea, in the air, waterfalls, high humidity, sand, salt or extreme temperatures), during stunt shooting or use of drone, it is mandatory that the customer takes out the specific insurance to fully cover these unusual risks.

Loss and damages will not be waived when resulting of improper or unsafe use of the equipment, or qualified lack of surveillance.

Specific sales conditions

  1. Warranty: the manufacturer’s warranty is applicable to all products on sale and limited to it. Always excluded from the warranty: reasonable use tear and wear, damages due to accidents or inappropriate use for which the goods are not intended.
  2. Compliance at delivery: the goods can only be considered as faulty when it shows signs of insecurity or non- compliance of expected presentation or specification when in normal use at the time it was delivered.
  3. Responsibility: responsibility of the ELG is totally rejected when the damage is victim’s fault or a person under victim’s responsibility.
  4. Transfer of ownership: the transfer of ownership of goods sold by the ELG is fully accepted after the final transfer of all payments due at the balance of the accounts.
  5. The customer is the sole and only responsible of the goods after delivery.
  6. About hidden defects:
    1. In case of delivery of a good with a hidden defect, the ELG shall limit his
      warranty only to the replacement of the good excluding all damages and
      interest charges.
    2. The warranty for hidden defects could not be claimed one year after the
      delivery date or the discovery of the hidden defect.

Terms of payment and security interest

  1. All payments due for the lease and sale of goods by the ELG are cash upon delivery of the equipment or the tests in the ELG facilities unless a specific agreement has been signed between the ELG and the customer.
  2. In the event of non- payment of the invoice when due, a 15% financial penalty, calculated upon the total amount of due sum will be demanded, as a legal clause, with a minimum of 50€. This procedure does not include moratory and legal Costs.
  3. The moratory and legal costs, calculated at a rate of 12%, are implemented without legal notice at the date when the invoice is due.
  4. Further, the ELG has the right to cancel all contracts between the ELG and the customer and will never be held responsible of any direct or indirect prejudice due to this cancellation.
  5. In the event of default of the payment, the ELG has the right to cancel with retroactive effect all payment specific agreements and other business benefits.
  6. Payments to the ELG are never submitted or linked to a third party payment to the customer.
  7. Any claim regarding an invoice should be introduced to the ELG by registered mail within the 15 days upon reception of this invoice. Without rejection, the invoice will be considered as irrevocably accepted.

Force Majeure

Any case of fortuitous or force majeure event, releases the ELG by right of all commitments. Our customer shall not be entitled to claim any reimbursement or compensation. If to fulfil the contract, the ELG has to rely on a third party for delivering or supplying some goods, this rule is also valid when these fortuitous or force majeure happen on the third party side resulting in delay or shortage of delivery. Are considered as force majeure events: accident, breakage of metal, weather exceptional conditions, strikes, lock out days, theft or traffic jams.

Court Competence for disputes

For all companies under Belgian law of the Eye Lite Group, under jurisdiction of the Court of Brussels, Belgium.
For all companies under French law of the Eye Lite Group, under jurisdiction of the Court of Bobigny, France.
For the company under Moroccan law of the Eye Lite group, under the jurisdiction of the Court of Casablanca, Morocco.
For the company under the Luxemburg law, under the jurisdiction of the court of Luxemburg.

In the event of one or any of these articles of the General Terms and Conditions is declared null and void or non applicable, all remaining clauses shall remain applicable.

March 10th , 2017