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Terms and Conditions

Terms and Conditions

General terms and conditions Poolpio S.P.R.L.

Application
These general terms and conditions apply to all orders placed by the customer, the details of which are given here (hereinafter: “the Customer”) to the S.P.R.L. POKITIN, whose registered office is at 11b, Rue Van Eyck, 1050 Bruxelles (hereinafter referred to as “POKITIN”).
They are considered as accepted in full and without derogation by the Customer and prevail any other general or particular conditions, including the Customer.

Pricing

1. The price listed on estimates covers the services detailed therein. Any work or services not included will be billed separately.
2. Unless otherwise agreed in writing between the parties, the Customer undertakes to pay 50% of the price shown on the back side for signature within 10 days of acceptance of the offer, and 50% for the provision of the agreed services.

Payment
1. Failure to pay by the due date of an invoice will, by operation of law and without prior notice, give rise to a lump sum indemnity, as a penalty clause, of 15 % of the amount due, as well as than interest at 15% per annum. This interest will be calculated from month to month from the due date, with each month started being considered a full month. In addition, unpaid amounts will become immediately and fully payable.

2. If, 8 days after the sending of a formal notice(email is considered a formal notice), a payment is still not made, POKITIN is entitled to resolve the agreement between the parties.
Additional Administrative penalties will be charged to the client as far as 40euros per reminder sent during the claim process.

time
1. All deadlines are always indicative and can not be considered as a formal commitment by POKITIN.
2. Any delays in the conduct of POKITIN, including relating to the delivery or fulfillment of the subject of the order, can never be a cause for cancellation, resolution or termination of the agreement between parties nor open a right to damages for the Customer. The parties will agree in this case new dates.
3. The delay of the Customer in the performance of his obligations (delivery of equipment, authorization of filming, payment of the deadlines, communication of data, etc.) may give rise to damages and interest of the head of immobilization of material.

Acceptance
Any observations of the Customer regarding the execution of the order must be sent to POKITIN in a detailed and reasoned manner, by registered mail, within 10 working days of completion or delivery of the object of the order. Otherwise, the services provided will be presumed accepted unconditionally and definitively by the Customer.
permissions
1. The Customer who entrusts to POKITIN the order is supposed to have obtained all the necessary authorizations for this purpose. He assumes, as the case may be, any responsibility towards third parties and thereby releases that of POKITIN.
2. If the client gives a work of any kind (graphic, musical, audiovisual or literary) to POKITIN for use in the execution of the order, the customer guarantees that he has all the necessary authorizations for its reproduction, communication to the public, adaptation and / or any other form of exploitation.

Copyright royalties

Unless expressly stipulated otherwise, the Customer is solely responsible and liable to pay all copyrights, generally of any kind, that are due for the reproduction and / or communication of the subject of the order, including reproduction and / or the communication of all works, of whatever nature, incorporated in the object of the order.

Nullity of a clause
The possible invalidity of one or more clauses of these presents does not entail the nullity of the present general conditions.

Election of forum and jurisdiction
The agreement between the parties is exclusively subject to European law. Any dispute relating to the application, interpretation, resolution and / or termination of the agreement will come under the exclusive jurisdiction of the Courts and Tribunals of the judicial district of Brussels

General terms and conditions of rental of film-making equipment and accessories

These general terms and conditions are an integral part of each rental contract and govern the rights and obligations of the parties.

Definitions: the company POKITIN sprl that gives the equipment for hire, is the lessor, and is referred to herebelow as « POKITIN». The natural or legal person that hires the equipment is referred to herebelow as the « client ».

Order: each rental of equipment shall be the object of an order form describing the equipment and the period for which it is made available. This order form is established on the basis of a request for an offer addressed to POKITIN. To be executed, every order must be confirmed by POKITIN. Any cancelling of an order 48 hours before the client has to take the equipment or at the beginning of our work where the film is shot, will be invoiced at 50% of the total rent cost.

Invoices: the invoices are issued based on the order form. They are payable in cash. Any late payment can be increased by legal interest of 2% of the amount due per 30 days of delay.

Option: an option to hire equipment can be granted free of charge other than any costs associated therewith, for designated equipment and for a given amount of time, to be confirmed within a specified period. POKITIN can request confirmation of the option by an order form at any time. Should no confirmation be given within the specified period or in response to POKITIN’s request, the option is void.

Liability: the client becomes the legal guardian of the equipment given for hire as from the removal or shipment of that equipment, until the time it is returned to the POKITIN premises. It is up to the client to insure its liability for the custody and use thereof by an “all risks” insurance company of its choice, including, as a non-exhaustive list, civil liability, risk of theft, fire and material damage. When rental equipment (such as a dolly, underwater housing, crane … etc.) is combined with equipment belonging to the client or another party, (such as a camera, lens … etc.), the client remains liable for the prior tests and safe utilization of the rental equipment. The client maintains liability for custody and use, even in the event that a delegate of POKITIN provides technical assistance during period of hire. In the event that, as a result of an agreement with the client, POKITIN takes charge of the delivery or recovers the equipment on hire at the client’s premises or an address indicated by the client, transport is nevertheless effected at the client’s cost and risk.

Under no circumstances can POKITIN be held liable for financial losses due to the non-availability of the equipment because of delayed delivery or because the equipment was damaged during the rental period. In addition, under this rental contract, POKITIN is required to make its best effort, not to provide a given result.
Consequently, under no circumstances can POKITIN be held liable for the result or absence of result of the visible record material on the gear used by the client.
Return of the rental equipment: at the end of the rental period, the equipment is returned to POKITIN in the same condition as when it was made available. Any damage is will be invoiced to the client; it is up to the client to refer the matter to its insurance company. The cameras and magazines shall be returned emptied of film. If this is not the case, POKITIN cannot be held responsible for any deterioration, deletion or fogging that may result from handling the recorded material. POKITIN do not offers archiving services.

Loss and theft: equipment missing at the end of the rental period is invoiced at replacement value on that date. Mandatory indications: when the rental equipment is used for short or feature films, the client undertakes to indicate « Film-making equipment POKITIN » on the distribution copies, along with the indications concerning the film, the VFX studio and the sound system.

Disputes: in the event of a challenge or dispute arising from the execution or the interpretation of these general rental terms and conditions, the Commercial Courts of Brussels shall have sole jurisdiction.