1. In this document references to “the owner” shall mean Blue Shadow Group and its employees, servants and agents. References to “the hirer” shall mean the person, firm or corporation referred to on the Tax Invoice provided with the proviso that the person signing this document or arranging for the supply of equipment is in fact authorised and has the power to do so and in the event that such person is not authorised that person shall be deemed to be “the hirer”.
  2. References to “equipment” shall mean all the items listed on the Tax Invoice provided together with additional items supplied at the address or instigation of the hirer and shall include all accessories, parts, containers and consumables supplied with the equipment.
  3. The owner is responsible for supplying equipment that is clean and in good working order at the commencement of the hire. It is the hirer’s responsibility to ensure that the equipment meets their criteria and is suitable for their use.
  4. The hirer shall at all times use the equipment in a skilful and proper manner having regard to statutory and other regulations in force, including, where appropriate, the requirement for operation or use by a properly certified or licensed person. The hirer shall note all instructions and notices regarding the safe and proper use of equipment and if unfamiliar with the particular equipment the hirer shall be responsible for ensuring that the necessary information or instruction is obtained. The hirer is also responsible for ensuring that the equipment is not overloaded and is used with an appropriate power source.
  5. The hirer shall at their own expense service, clean and maintain the equipment in good substantial repair and condition, reasonable wear and tear excepted.
  6. The period of hire shall commence at the time and date shown on the contract and shall terminate when the equipment is returned to the owner. In the case of loss of equipment the period of hire shall terminate when the owner receives payment for replacement of the lost equipment. In the case of damage to the equipment the hire shall terminate when the owner receives payment for repair or replacement of the damaged equipment.
  7. Hiring charges shall be set out on the front of this document or as otherwise advised. In the event that there is any variation to the charges set out it is the hirer’s responsibility to ensure that such variation is clearly noted on this document. Hiring charges shall commence at the beginning of the period of hire and shall cease on completion of the period of hire as defined above at point 6. Where not otherwise defined, equipment returned up to 2 hours late will be charged at 50% of the daily rate.
  8. Upon completion of the hire the equipment must be properly cleaned by the hirer otherwise a cleaning fee will be deducted from the deposit or charged to the hirer.
  9. The hirer shall be responsible for all freight and other charges whether incurred by the owner of the hirer in respect to the delivery and return of the equipment.
  10. The hirer shall be responsible for any loss of or damage to the equipment for any reason whatsoever except for damage that is caused by fair wear and tear. The whole of the cost of repair or replacement will be deducted from the deposit or charged to the hirer.
  11. In the event of breakdown or failure of the equipment the hirer shall immediately notify the owner and if requested return the equipment to the owner’s premises. The hirer shall under no circumstances repair or attempt to repair the equipment without the prior consent of the owner. In no event shall the owner be responsible for any expenditure loss or damage incurred by the hirer arising from any breakdown or failure of the equipment whether caused by fair wear and tear or any reason whatsoever.
  12. The hirer shall be responsible for any loss or damage to property or persons caused by the equipment during the period of the hire for any reason whatsoever. This shall include any loss or damage that may occur during installation by the owner. It is the hirer’s responsibility to ensure that they are aware of and take steps to eliminate or minimise any likely damage that may occur during installation of equipment – such as drilling holes, putting pegs in the ground or moving property belonging to or under the control of the hirer – in order to complete the installation. The hirer shall indemnify the owner against any claims, damages or expenditure arising therefore.
  13. The owner may with sufficient cause – such as failure on the part of the hirer to pay the hire charges or a breach of the terms and conditions – terminate the hire and repossess the equipment at any time and may enter upon any premises for this purpose. The hirer shall indemnify the owner against any claims, damages or expenses arising out of such action.
  14. All warranties and conditions are excluded to the full extent permitted by the owners and the owner’s only obligation resulting from any breach of any condition or warranty is limited to the supplying of the equipment again or repair of the equipment.
  15. Quotes provided are valid for 30 days from the date of issue. Failure to return a signed confirmation will lead to the status of the equipment or services as unconfirmed in our system. Bookings confirmations received within 72 hours prior to the event commencement will attract additional fees and labour charges.
  16. When equipment and/ services provided onsite are different from the services provided that were booked to be provided additional charges will apply
  17. In the event that labour hours invoiced are lower than the labour required onsite, additional charges will apply, and will be billed at the current company labour rate.
  18. Confirmations sent via email can substitute as a confirmation over any document signed and returned, provided that it is authorised by the company representative to which we are rendering the services and must be on official email footer.

 

Video Production Terms and Conditions of Hire

 

  1. Prior to the commencement of any production work, the client must agree to the payment conditions as follows: 50% of the quoted price must be paid and settled on the signing off of this official quotation. The remaining 50% is due once the final edit is submitted to the client on a COD basis. Once signed, this quotation will be invoiced with acceptable payment methods being cash, cheque, direct deposit, Visa* and MasterCard* (please note: a 2.5% surcharge is applicable for all credit card payments). This deposit is non-refundable.
  2. All scripting by Blue Shadow Group will be based on information supplied by the client in the style dictated on initial consultation and shall remain the property of Blue Shadow Group until final payment is received. Should any major re-writes occur that deviate from the initial brief additional fees may be charged. This is based on the discretion of the production manager Blue Shadow Group allows for two (2) minor set of changes to the original scripting as dictated by the client at the time of scripting.
  3. During filming, Blue Shadow Group will make every attempt to provide quality crew, equipment and stock to ensure a professional job is carried out in a safe and secure environment. However, in the event of any unforeseen circumstances such as faulty stock, BSG equipment malfunction, criminal activities (such as theft) or other items beyond Blue Shadow Group’s control, Blue Shadow Group will offer, in good faith, a partial or full re-shoot if possible. Restricted filming (imposed by client, venue or the like), natural disasters, unsafe shooting conditions, technical issues, bad weather or issues beyond Blue Shadow Group’s control will be at the risk of the client.
  4. All quotes allow for up to two basic changes listed to the video that do not deviate from the original brief. Changes made in excess of this or made after an element has been agreed upon (ie script, talent, voice over, final master) will attract addition charges, these can be discussed with your production manager, All previews of your video remain the property of Blue Shadow Group until final payment has been received, during this time these videos can’t be used for any public broadcast.
  5. Additional filming not scheduled, additional locations and, or shooting time may attract additional fees; these fees will be discussed with your production manager.
  6. Once a Final Master has been agreed upon changes can’t be made without incurring additional fees.
  7. Any edit or job that remains unapproved for final production or completion for a period of more than 30 days, Blue Shadow Reserve the right to terminate the production and invoice the client for the work done. Blue Shadow Group will make every effort to get the project back on track with the client. Should unforeseen circumstances occur which might delay the client in processing the job the client needs to notify Blue Shadow Group within the agreed 30 days in order to not have your production terminated..
  8. Once your Production has been finalised “Mastered” your Production will be held at Blue Shadow Group for a period of two (2) years in a Flatten Master DVD, We reserve the right to use this Master in our Showreel for that period. This Right can be waivered at the request of the client. Should any unforseen occurrence happen such as Natural Disasters, fire etc. Blue Shadow Group will not be held responsible for the replacement of the master we hold (As such we recommend you hold a Master copy in a safe location as a backup)
  9. All intellectual property including scripting, filming, editing, vocal production, musical composition, recording, etc. is secured by Blue Shadow Group until the official approval and all monies received.
  10. Blue Shadow Group Reserves the right to impose additional charged for work carried out at the clients request beyond the scope of the proposal. These charged can be discussed with your Production Manager at the time of commencement of work.

Collection costs associated with the recovery of outstanding or overdue  accounts

 I/We acknowledge that in the event that this account becomes overdue that Blue Shadow Group at its discretion, reserves the right to refer the account to a Mercantile Agency for Collection and I/we agree to be responsible to meet all reasonable costs and commissions incurred in employing the said Mercantile Agent to collect the overdue amount. This acknowledgement is not limited to other recovery costs associated with the repossession of goods and gazetted professional legal fees if so required (full indemnity basis) will be borne by the customer and be deemed the liability of the customer to pay under these Terms.

 

Despite anything contrary in these terms, all monies due from the borrower will become immediately payable to Blue Shadow Group upon the happening of any event or the issue against or service on the Customer of any notice or proceedings in any way concerning the borrower’s solvency or payment of its debts.