1. General Terms and Conditions
The terms and conditions below shall apply to buyers and hirers unless expressly agreed otherwise in writing.
By placing an order, the customer agrees to enter into a contract according to the present provisions, which can only be deviated from with the express written permission of DB Videoproductions, hereinafter referred to as DB. All new customers shall submit a copy of their identity card as well as their VAT number, bank account number and - in the case of a legal person - proof of publication of the articles of association of the company concerned in the Belgian Official Journal, proof of the company's manager or agent and proof of registration in the Central Business Database (Kruispuntbank der Ondernemingen), stating the business number. Payment shall take place on collection of the material in the case of hire or at the end of the work, on handing over the tapes, in the case of work carried out by technicians. After three hire contracts, the customer can request that a subsequent contract be charged. All contracts agreed by vendors and hire companies are subject exclusively to Belgian law.
Work carried out, hire, sale of material and copying and duplication work as well as additional costs are payable in cash on collection of the goods, on the last day on which work is carried out. For customers who have a current account granted by DB for work carried out and hire, invoices are payable within 14 days of the invoice date. If the invoice is not paid on the due date, standard late payment interest shall be applied from the invoice date, legally and without further notice, at a rate of 1.5% per month. The unpaid amounts shall also, legally and without a requirement for notice, be supplemented by a fixed compensation payment amounting to 15%, with a minimum amount of EUR 1,000. In the event of a late payment, the customer may lose the benefits of a current account granted by DB. Tapes sold for recording or copying shall be non-returnable.
2. Terms and conditions of hire
All reservations made by telephone shall be confirmed by the customer in writing, by email or by fax within 48 hours. Any confirmation not made in writing shall be considered invalid. Each confirmed reservation shall imply payment for the material and/or staff reserved and also acceptance by the customer of the terms and conditions of the contract. Any option relating to the hire/work to be carried out that is not confirmed within 72 hours shall be considered invalid. It is not possible to reserve equipment more than two months in advance, except with written permission from DB.
2.2 Collection of the equipment
The equipment shall be collected from DB's premises on the start date of the hire at 9 am and shall be returned before 9 am on the day after the end date, unless otherwise agreed between the parties. Collection of the equipment shall take place on presentation of the signed order form. On collection, the customer or his representative shall sign a delivery note, which forms the basis for the invoice. The signature of the customer or his representative on the delivery note shall imply unreserved acceptance of DB's full terms and conditions. Once the delivery note has been signed, the equipment shall be the sole responsibility of the hirer. Collection by a taxi, courier service or similar shall take place under the sole responsibility of the hirer. The hirer shall notify DB if the equipment is used outside Belgium. DB shall also be informed, on pain of non-insurance, of any use that implies certain risks for the equipment used (e.g. competitions, exterior of car, helicopter, boat, protest, war). DB reserves the right to refuse hire and collection of the equipment at any time, without providing compensation.
2.3 State of equipment hired
The hirer shall be considered to have received the hired equipment in perfect condition. The DB technical department shall check the hired equipment before every collection. The hirer shall be free to check whether the hired equipment is complete, works correctly and meets their requirements before acceptance or signing of the delivery note. Collection or receipt by the hirer or his authorised representative shall be considered as irrevocable acceptance.
2.4 ATA carnet for filming abroad
All hirers shall inform DB of the countries the equipment will be used in or travel through, on collection at the latest. If an ATA carnet is required for the hired equipment, the hirer shall contribute to the costs. Such a request shall be submitted at least eight working days before the start of the hire. Carrying an ATA carnet throughout the hire shall be the sole responsibility of the hirer. The hirer shall also be liable for the financial consequences or seizure of the equipment due to improper use of the ATA carnet or if the equipment is used in (or travels through) countries that do not recognise the ATA carnet.
2.5 Duration of the hire - delay and extension
The start and end dates of the hire shall be agreed between the parties in writing. The duration of the hire shall be calculated in 24 hours increments and shall commence after receipt of the equipment and end after return of the equipment to DB's premises, including Sundays and public holidays, even if the equipment is not used. Any hirer who fails to collect or take receipt of the hired equipment at the agreed time shall nonetheless remain bound by the hire contract for the agreed period. The hirer cannot invoke tacit extension. DB shall be informed of any extension at least 24 hours before the planned return and this shall obviously only be possible with agreement from DB. Any hirer who fails to return the hired equipment at the agreed time shall be considered, legally and without any notice, to have defaulted on return of the hired equipment. Such late return shall result in an automatic and legal additional invoice, with the proviso that a full day shall be charged for each 24-hour period entered. All costs of loading, transportation and unloading etc. incurred by DB shall be borne by the hirer. The hirer shall also be liable for damage suffered by DB and its clientèle due to delay in the return of the equipment. Commitments made by DB in relation to the delivery date shall not be binding and do not constitute grounds on which to rescind the contract or for compensation. The hirer should note that he can never become the owner of the hired item and that failure to return the item at the agreed time is punishable as theft and/or fraud. The hirer may not sublet or loan the hired item, or make it available to a third party under any other circumstances, without written permission from DB.
2.6 Hire price
The hire price shall be exclusive of 21% VAT. The hire price shall be calculated per 24 hours. The invoiced amounts shall correspond to the rates applicable on the date of the reservation. The insurance referred to under 2.7 is separate to and in no way included in the hire price.
2.7 Insurance of the hired equipment
Any hirer who does not have personal insurance as described in paragraph 2.7, shall pay a premium equal to 8% of the hire value of the hired equipment. The equipment is in no way insured against "all risks". Subject to payment of the premium, the hired equipment shall be insured against private risk of loss or damage as a direct result of fire, water damage or any other cause, with the exception of:
Theft, fraud, abuse of trust or any other offence.
Theft from vehicles at night or during the day, regardless of where the vehicle is parked.
Theft during loading and unloading. Damage to accessories.
War and civil disturbance.
Negligence on the part of the hirer.
Damage to the optical block by laser beams or similar.
Damage to LCD and plasma monitors.
Exclusions from the insurance cover are: filters, cables and flightcases as well as loss of profit and damage caused to the production or to one of the subcontractors as a result of an accident or defect during hire. The hirer shall submit proof of personal insurance for the known risks and the duration of the adapted insurance on collection. This shall be an all-risk insurance policy for a value equal to the replacement value of the hired equipment, from the date of collection and for the entire hire period stated on the delivery note. A copy of the insurance contract shall be made available to DB before the start of the hire. The hirer shall obtain cover through a private insurance policy covering the loss caused by a defect in the hired equipment. The hirer cannot under any circumstances appeal to DB in the event of loss of profit in the context of a production. The insurance shall be agreed subject to an excess of 20% of the total damage amount, with a minimum of EUR 1,500 excluding VAT. The hire amount for the hired item on the day of the damage or loss shall be payable when the damage or loss is not covered by the insurance taken out. Furthermore, an amount equal to the hire shall be payable for the period between the time of the damage and the repair or replacement of the equipment. The hirer shall inform DB of the countries in which the equipment will be used or through which it will travel, at the time of reservation. The insurance shall only cover damage or loss in Belgium and European Union member states. For other countries, as well as certain filming conditions, additional insurance shall be required and the hirer shall inform DB in advance.[J1]
2.8 Liability and risk
General. The hirer shall be responsible for the hired equipment at all times and shall manage it with due diligence. The hirer shall be considered to be aware of the value of the equipment and the way it should be operated. DB can in no way be held liable for accidental defects during the period of the hire contract. DB shall bear no responsibility for results obtained using the hired equipment. Complaints shall be reported to DB immediately, in writing, on pain of inadmissibility. The hirer can request DB to have the equipment tested by a DB technician. Complaints submitted after return of the equipment shall no longer be valid. The hirer shall agree not to carry out any modifications or repairs without express, written permission from DB. The hirer shall not be permitted to remove or conceal the identification of the equipment (serial numbers, brand, type of equipment and identification of the owner of the equipment) by any means (stickers, paint, engraving etc.). Return. The hirer shall be liable for the return of the hired equipment in the same condition as at the time of collection. Notwithstanding recovery from third parties, the hirer shall be liable for any loss, damage, change, loss of value etc. in the broadest sense, with no possibility of invoking fault or intention by third parties, accident or force majeure against DB. On the other hand, receipt by DB shall not constitute acceptance and shall not preclude a compensation claim. DB shall have a 48-hour period after receipt, not including Saturdays, Sundays and public holidays, to notify the hirer of any findings relating to damage, loss of value etc. DB shall do this by registered letter in which the hirer is invited to assess the damage on DB's premises within the same period (48 hours). If the hirer does not respond within the time limit, the claim shall be considered to have been accepted. DB shall then be authorised to immediately carry out repair or replacement and to charge the costs and all associated losses to the hirer. Damage or loss. Throughout the entire hire period, including transportation in both directions, the hirer shall bear the entire risk of loss or damage to the hired equipment. The hire binds the hirer to inform DB immediately in the event of damage, loss, accident, impact or any other change to the equipment, whether electronical, mechanical, optical or aesthetical and to submit a written statement in this respect. In all cases, the hirer shall be responsible for the cost of repair and readjustment of the standard for the equipment entrusted to him. If the damage or loss could be the result of a criminal offence, the hirer shall make the official report of the offence available to DB. Missing equipment (cables, accessories etc.) that is not returned at the end of the hire contract shall be charged as new.
2.9 Termination of the hire
If the hire contract is terminated as a result of a serious deficiency on the part of the hirer, such as improper use, failure to pay outstanding hire charges, provision to third parties etc., the hirer shall be required, notwithstanding DB's right to compensation for verifiable damage, to pay the agreed hire price for the agreed hire period, plus a compensation claim equal to two weeks' hire.
2.10 Force majeure
A. Force majeure is defined as circumstances that make the performance of the obligation impossible and that are not attributable to the vendor/hire company. This shall also include the following (if and in so far as the circumstances render performance impossible or unreasonably difficult):
Strikes at companies other than the vendor/hire company, unofficial strikes or political strikes at the vendor/hire company.
General shortages of the necessary raw materials and other resources or services required for realisation of the agreed work to be carried out.
Unforeseen delays at suppliers or other third parties on which the vendor/hire company relies, and general transportation problems.
B. The vendor/hire company shall also have the right to invoke force majeure if the circumstances that prevent (further) fulfilment occur after the vendor/hire company should have fulfilled its obligation.
C. During force majeure, delivery and other obligations of the vendor/hire company shall be suspended. If the period during which the fulfilment of the vendor/hire company's obligations is not possible is longer than three months in the case of sale and one month in the case of hire, both parties shall be entitled to rescind the contract without any obligation for compensation to be paid.
D. If the vendor/hire company has partially met its obligations at the time force majeure occurs, or can only partially meet its obligations, it shall be entitled to invoice the already delivered or deliverable part separately and the other party shall be obliged to pay this as if it were a separate contract. This shall not apply if the already delivered or deliverable part has no independent value.
3. Other services
3.1 Work carried out by technicians
The daily work activities, including transportation, shall amount to a maximum of ten hours, delivered between 6.00 and 23.00. A half day shall be a maximum of 5 hours. Overtime or night-time hours shall be charged additionally. It is up to the technician to decide whether or not to continue his work activities and at the same time to guarantee optimum quality. The technicians shall not be held responsible for delays due to uncontrollable circumstances (weather conditions, traffic congestion, accidents, customs, delays) during transportation. In the case of work to be carried out in the morning, more than 100 km away from DB's premises, it is advisable to make a reservation at a nearby hotel for the night before. If the customer provides the material themselves, DB cannot be held responsible for the quality and state of the material delivered. The cost of transportation of DB's technicians at the time of their return shall be borne by the customer. All additional costs for the technicians (travel, parking costs, freight transport, meals, drinks, hotels etc.) shall be borne by the customer. Such costs that are charged initially to DB will be increased by 15% to cover administration costs.
4.2 Copying and duplicates of tapes
DB can under no circumstances be held responsible for poor quality of the tape or images supplied by the customer. In the event of an accident during transfer or copying, DB shall undertake to supply blank tapes of the same length. No complaint can be submitted against DB for any damage relating to the contents of the tape supplied. The customer shall be considered to have paid SABAM for the reproduction and distribution rights for images and audio supplied to DB for the creation of copies. DB shall under no circumstances be held liable for such a failure on the part of the customer. The master tapes and copies shall be under the responsibility of DB during copying and 24 hours thereafter. After this period, DB can no longer be held liable for loss, damage or theft of the master tapes or copies. The customer must, however, pay the cost for the work carried out. The periods charged begin at the time of the first sound or image and end at the time of the last sound or image. Each exceptional process shall result in an additional invoice by a technician. Any copying or duplication work and the delivery of tapes shall be payable in cash on collection of the items. Duplication charges shall never include the price of the tapes, cases and VAT. The customer can supply the tapes for copying himself. These must be free of any sound and image signals. The customer can request a short presentation of the copy at DB's premises. No complaint relating to the work shall be admissible once the work has been delivered to the customer. Collection and return of the material using a courier. Work carried out and the master copy shall only be sent by courier if the full amount for the work has been paid in advance. Delivery by courier shall be at the expense and risk of the customer. DB can provide delivery on a cash on delivery basis. The price for the delivery shall be determined before the courier departs. All work implies the unreserved acceptance of these terms and conditions, which can under no circumstances be replaced by the customer's terms and conditions. DB reserves the right to retain the master and copies as long as the customer fails to make payment.
4.3 Rights and publicity
The rights for the use and distribution of the videotapes recorded by DB camera operators remain the property of DB until complete payment of the amounts invoiced for the work carried out is received. The paid invoice applies as a transfer of the rights in favour of the customer (see SABAM). DB has the right to copies of the rushes or final products (at its own expense) recorded by its own technicians, to use them for the editing of a DB showreel. DB guarantees that the rushes of the final product shall not be exploited commercially (storage, stock shots, promotion of third parties etc.). For images intended to be distributed over a television network or in cinemas, for which the programme contains opening and closing credits, the names of the technicians and their roles during filming should be included as well as the name DB Videoproductions. The following provisions do not apply if the customer is a private individual within the meaning of Article 1 of the Law of 14 July 1991 on Trade Practices and Consumer Information and Protection 1.3 126.96.36.199.52.82.9.
A. In the event of liquidation, bankruptcy or insolvency of the buyer/hirer, the obligations of the buyer/hirer shall be immediately due. Payments made by the buyer/hirer shall in the first place be offset against all hire and charges owed, and in the second place against the invoices outstanding for the longest period, even if the other party indicates that the payment relates to another, later invoice.
B. The items supplied by the vendor shall remain the property of the vendor until such time as the buyer has fulfilled all his obligations under all contracts agreed with the vendor: Payment relating to the delivered or deliverable item(s), payment relating to services provided or to be provided according to the sales contract(s), any demands due to non-fulfilment of one or more sales contract(s) by the buyer.
C. Items delivered by the vendor that fall under the retention of ownership in sub-clause B, may only be sold on in the context of the normal course of business. The buyer is also not entitled to hire or pawn the items, or to attach any other rights to the items.
D. If a buyer does not fulfil his obligations or there is reasonable fear that he will not do so, the vendor is entitled to remove or order the removal of items supplied that are subject to the retention of ownership in sub-clause B, from the buyer or from a third party holding the goods for the buyer. The buyer shall cooperate on pain of a fine of 10% of the amount owed.
E. If third parties wish to establish or assert rights in connection with items delivered under retention of ownership, the buyer shall inform the vendor as soon as reasonably possible.
By signing the order form, the customer accepts the obligation to indemnify DB against claims of third parties in connection with any copyright. Where there is reason for doing so and in so far as law and practice recognise this, the copyright of all of its personnel shall be invoked by DB. DB also retains the exclusive right to all technical rights for work delivered, such as reproduction, editing and re-editing. This also includes copying in any form. This list is not exhaustive. A quote per copy can be prepared in advance at the customer's request.
7. Storage of recording/editing tapes
Tapes shall only be archived at the customer's request. These tapes shall be stored for one year at an additional charge. A flat fee shall then be charged per year.
8. Duplication and editing
The quality of the work we deliver is determined to a significant extent by the material provided by the customer. We shall, however, endeavour to achieve the highest possible quality using the equipment that we regularly audit on technical condition, without having to guarantee the result. Wear and tear to the master material provided to us and/or produced by us, stated by us in writing, resulting in reduced quality of copies to be produced by us, shall under no circumstances constitute grounds for rejection of the duplication work given to us or liability for damages related to the relevant master material. Research has shown an ageing phenomena in master tapes. With regard to master tapes under our responsibility, we guarantee that the material (mostly videotapes) shall be stored by us as directed by the manufacturer. After a period of 1 year we shall accept no liability regarding re-use of these materials. The customer shall bear full responsibility for the final product. After viewing, the customer can no longer return to any misspellings or editing mistakes. Adjustments will be charged additionally. When issuing a master DVD or master tape, the customer shall also be responsible for the content of this master. Where it is agreed with the customer that the product created by us and materials provided to us will be collected on a fixed date from our premises, we shall, where this has not taken place within one week, have the right to return these materials to the customer, unfranked and by registered mail.
Our studio is open during office hours. On request we shall also open the studio outside these hours at no additional cost. A technician must be hired along with the studio. If the studio is damaged by use, additional decorating costs shall be charged. All judicial and extra-judicial costs incurred in obtaining payment judicially and extra-judicially to a maximum of 15% of the amount due are the sole responsibility of our customers.
10. Disputes - jurisdiction
All disputes fall under the sole jurisdiction of the Courts of Antwerp and the Justice of the Peace Court of Brasschaat. We retain the right to apply ordinary jurisdiction regulations.
If a cancellation is received we will charge a cancellation fee of
25% of the total cost of the project, if the cancellation is less then 48 hours before the start of the project.
50% of the total cost of the project, if the cancellation is less then 24 hours before the start of the project.