Article 1 - GENERAL CLAUSES
Any rental implies acceptance without restriction of our general terms and conditions of rental. The equipment is provided in exchange of a Rental Order signed by the Company Tenant and of a check to be worth on the invoicing when this Company is not a regular customer or does not have an account by us. A form of assumption of responsibility is delivered at the beginning, a form of return is established after control; possibly, the list of the deteriorated or missing parts is added there. In any case, the tenant cannot entrust to another one the whole or a part of the rented equipment. As of the moment when the rented equipment is dealt with, it is recognized in perfect operating condition. The duration is calculated per 24 hours days and lasts from the day of collection to the day of bringing back the equipment in our buildings. The day of rental is deducted as from the morning 10 am until the next morning 10 am. Our opening days are Monday to Friday from 9 am to 7 pm, and Saturdays from 9 am to 12 am. In the event of delay in the restitution, the tenant must inform DC AUDIOVISUEL. The days of delay are considered as days of rental. No dispute could be retained after a rental, if the equipment were not tested on its return in the presence of our technicians. For the equipment to be used out of France, the customer must inform us so that we can establish to him the essential proforma invoices to fulfil the temporary export formalities, and indicate to us the destination country.
Article 2 - INSURANCE
With the reserves and restrictions appearing in article 6, our equipment is assured permanently for all the countries admitted without extra premium by general association the insurance companies against the accidents. A financial participation equal to 6 % (EU) or 8 % (outside EU) of amount excluding VAT of the rental will be invoiced to the tenant. For all the countries excluded from the normal contract of insurance and being the subject of an extra premium, the latter will be invoiced completely with the tenant. It is assumed that the insurance does not include in any case the Production Risks.
The tenant shall give up the insurance of DC AUDIOVISUEL and the payment of the financial participation. In the event of partial loss of the rented equipment, the tenant will have to completely refund DC AUDIOVISUEL with the amount of the repairing. In the event of theft or of total loss, the tenant will have to refund DC AUDIOVISUEL with the value of new replacement to new of the rented equipment. In all the cases, this refunding will have to be carried out in the thirty days following the disaster.
Article 3 - RESPONSIBILITY FOR TENANT
In the event of transportation by road (including parking), rail, sea and air and for all the risks non-covered by the insurance of DC AUDIOVISUEL and, in a general way, in any case from the equipment collection until the end of the rental period, the tenant, being as guard holder of the rented equipment, will be responsible for all damage caused to the equipment, all damage caused by the use of the equipment towards people or goods, even if this damage results from defect in construction or defect of assembly.
In addition, DC AUDIOVISUEL does not assume any direct or indirect responsibility regarding problems caused by the use of the radio mikes, of the walkies talkies and this in all countries.
Article 4 - TRANSPORT
DC AUDIOVISUEL Company does not take in charge the equipment transportation. If requested by the Tenant, DC AUDIOVISUEL Company can ship the equipment by any means of transport, but this shipping is made only under the Tenant responsibility and this last one releases DC AUDIOVISUEL of any responsibility because of the delays, blockings in customs, strike or any other reason. The expenses due for this sending are entirely in charge of the tenant and must be regulated cash.
Article 5 - DISASTER
In case of accident or of theft, we must receive within 24 hours a declaration on the Company Tenant headed notepaper along with the original of a complaint deposit declaration by a police authority. The tenant will remain in charge of the amount of the value of replacement to new for the rented equipment.
Article 6 - NON COVERED RISKS BY INSURANCE
The following risks are not covered:
A) Losses and damage caused directly or indirectly by the following events:
Civil war, foreign war.
Popular strikes, riots, insurrections or movements, industrial disputes.
Acts of terrorism or sabotage.
Direct or indirect effects of explosion, release of heat, irradiations coming from transmutation of the atom core or the radioactivity or effects of radiations caused by artificial acceleration of particles.
Embargo, confiscation, capture, reserve or destruction by order of government or public authority.
Legal or illegal confiscation of the goods ensured by third parties, as a cover for contracted debt by handing-over of these goods by the responsible of the thing as warranty of the sums to be refund.
Inobservance of the customs regulations, or medical control.
Earth falls and landslides having caused damage in a radius of 50 meters around the place of the disaster, earthquakes, volcanic eruptions, tidal wave, tsunamis, hurricanes, waterspouts, tornadoes, cyclones and other cataclysms, like floods, repressions and overflows, like any loss or degradation consecutive with a water projection or an immersion.
Damage caused by: saline air, dust or sand, waves, rain, snow, blizzard driven out or not by the wind when the equipment is left in the open air.
Intentional fault of the user.
Are also excluded: all mysterious or unexplained disappearances, theft made in vehicles that are not entirely sturdily built, theft in any vehicles left under no surveillance, theft made without infraction even in vehicles.
Any vehicles left in a parking place must be under surveillance or guarding and windows, doors and any access in the vehicle must be hermetically closed and secured by key. In case of theft inside the vehicle, this theft must be the consequence of a materially visible infraction and specifically described in the complaint deposit declaration by a police authority. If one of these rules is not followed, the insurance will not take in charge the theft.
B) Losses and damages resulting:
Of the notorious negligence in handling, in the use or in the surveillance of the insured goods. Of serious negligence or inexcusable faults of the Company management or its staff.
Of transport by sea, river or air which is not accomplished on commercial lines or by freighting.
Except convention contrary comprising an extra premium, of the use of the insured equipment during shooting or recording, in high mountain, under sea or under ground, on board aircraft, boat or sailing ships or similar ship, like competitions of cascades or tests of endurance or speed and to their preliminary tests on board of any locomotion mean, terrestrial, nautical or air.
Note 1 - Between 10 pm and 6 am any vehicle being used to store our equipment, must be imperatively closed with key and be parked in a closed private box with key. The same rule must be imperatively applied at any hour of day and night on public holidays or non working days as well as Sundays. Any failure with these rules constitutes a serious negligence that will not be covered by the insurance.
Note 2 - MOTOROLA Walkies Talkies
The Walkies Talkies are in particular the object of increasingly frequent stealing, which generally had to do with the negligence of the users. One is reminded that he is imperative to comply with the following rules and precautions
- MOTOROLA Walkies Talkies must be the subject of an attentive and constant surveillance.
- When they are not any more under direct surveillance, they must be stored in a closed room with key.
If they are stored in a vehicle, this one must be closed with key and be parked in a closed private box with key.
Any failure with the one of these rules constitutes a serious negligence that the insurance company will sanction by rejection of compensation file for the disaster.
Article 7 -
In all the cases where for whatever reason that our insurance company does not cover a disaster, the tenant will have to completely refund DC AUDIOVISUEL with the replacement to new of the equipment object of such a disaster.
Article 8 - DEPOSIT
A deposit equal to 10 % of the value of replacement to new of the equipment with a minimum of 1,000 € excluding VAT will be due in any case to DC AUDIOVISUEL by the tenant and this for each disaster. For the disasters implying at least four radiotelephones, the deposit will be of 250 € for each Walky Talky excluding VAT.
Article 9 - IMMOBILIZATION OF EQUIPMENT
No reduction in price will be refund because of a forced equipment downtime that is to say by ending of shooting, delay to the production, blocking in customs or any other reason.
Article 10 - DEVICES OPERATION
Our equipment is delivered in perfect operating condition. DC AUDIOVISUEL does not assume any direct or indirect responsibility for any nature in consequence of malfunctions, delays, lapse of memory, loss total or partial occurring after the departure of the equipment from our offices.
Article 11 - REPAIR OF EQUIPMENT
The user engages himself not to carry out repair or modification on our equipment, without prior agreement of DC AUDIOVISUEL.
Article 12 - METHODS OF PAYMENT
Our fees get along for cash payment at reception of the invoice. In the event of delay in payment, penalties will be applied based on once and half the legal rate interest.
Article 13 - EXPENSES AND CONSUMABLE GOODS
All the expenses required by employment (in particular dry batteries and cell batteries) are the responsibility of the tenant.
In the event of disaster, the consumable goods (dry batteries, cell batteries...) not being covered by the insurance, will be completely refunded by the tenant to DC AUDIOVISUEL.
Article 14 - CANCELLATION
Any cancellation of order will have to reach us at least 24 hours in advance. In the contrary, a sum fixed at 10% of the envisaged invoice will be charged to the customer.
Article 15 - ELECTION OF RESIDENCE - COMPETENCE
For the execution of this contract, the parts make election of residence to the seat of their company or respective principal residence. All litigations regarding the execution of DC AUDIOVISUEL and the tenant obligations will be the exclusive competence of the courts of Paris.
Note about this translation
This translation of the original French language Terms and Conditions is reproduced here as reference information. Only the French text will engage the DC Audiovisuel responsability.