|
|
|
TERMS & CONDITIONS All orders placed with Continental Film Laboratories, Inc. by and for the account of the Customer, are subject to the following conditions: 1. Each order will be confirmed in writing from the Customer. 2. This company respectfully points out that as its prices are never proportionate to the value of the negatives and the positives entrusted to it, Customer’s films are received, developed, printed and stored by this Company only at Customer’s risk, and this Company does not accept responsibility for any loss of or damage to such films from any cause whatsoever, including loss resulting from the negligence of laboratory employees. Customer should, therefore, insure all films delivered to this Company against all risks. In no event shall this Company be liable for the loss or damage of any films delivered to it by or for the account Customer for any amount in excess of the replacement value of the raw film involved. 3. This Company will exercise reasonable care and will exert its best efforts to produce high quality work hereunder, but does not make any warranty nor does it assume any responsibility as to the character of quality of the material or service to be furnished or provided by it hereunder nor as to the results of any of its undertakings hereunder. Without limiting the foregoing in any particular, this Company shall not be liable for loss of any kind whatsoever due to delays or failure in performance caused directly or indirectly by acts of God, strikes, failure of transportation agencies, public enemy, the elements, war, insurrection, shortages of labor or material, government regulation, damage to, or loss of, films developed to this Company by Customer, or any other cause. 4. Films delivered to this Company are accepted upon the express condition that this Company holds a lien thereon for the general balance from time to time due this Company from the Customer whether in respect to processing, printing, storage charges, or otherwise. 5. The Customer agrees to remove from this Company’s premises all negative and positive cut-out, trims, and unused films in connection with each motion picture produced by Customer within 90 days after the completion of said picture, or within 90 days after the last photographic work thereon in case production on said picture is terminated, and further agrees that upon Customer’s failure to do so this Company may make such disposition of said cut-out, trims, and unused film as it sees fit. 6. Should a print be found defective, or labeled or shipped in error, Continental Film Laboratories, Inc. will promptly replace or repair such defective print and/or correct an error in shipment at its expense provided the defective print is returned and written notice as such imperfection and/or the error in labeling or shipment is given this Company within ten (10) days after its arrival at destination. But in no event shall this Company be liable for any consequential damages. 7. All prices are F.O.B. Miami, Fla., and are subject to any applicable state and local sales taxes. In the absence of any other instructions from the Customer, this Company will make all shipments via AirExpress or Parcel Post, subject to reasonable insurance valuation determined by our Shipping Department. 8. This Company will endeavor to keep its customers advised concerning the condition of the negative films received from them for processing but it shall not be held responsible for failure to do so. 9. Customer hereby assumes, as far as Company is concerned, all liability under the copyright laws and under any and all other statutes arising out of the performance by Company of any services for the account of Customer, and agrees to indemnify and hold Company free and harmless of all suits, claims, damages, and other liability and expense which may arise either directly or indirectly out of or by reason of services performed by Company for Customer. 10. Customer represents that it is the sole owner or has the complete right and authority to make positive prints, video tapes or other reproductions thereof of all motion picture material (negative, fine grains, positive prints or video tape) delivered to Company. Customer warrants that processing of such material by Company will not violate any copyright, patent, common law right, contract right or any other right of any person, firm or corporation. Customer will indemnify Company and Company officers, agents and employees, and will hold Company harmless from any loss or damage arising from breach of the representation of warranty, including reasonable counsel fees. 11. The per foot prices specified herein on the regular schedule are predicated upon a production basis an are calculated so as to give the Customer the best price possible on volume footage orders. Processing and operations on short lengths of film create special conditions which necessitate the establishment of minimum and/or additional charges. 12. All prices are subject to any fluctuation in cost of raw film and labor, retroactive to effective date thereof and are subject to change without notice. If you need additional information, please call Continental Film Laboratories, Inc. Customer Service. In Miami, Florida – Area Code (305) 949-4252 Out of State (800) 327-8396 |