Azimuth Post Production

Azimuth Post Production Ltd. is a company registered in England #06498708.
Registered office address: 5-6 Portland Mews, London, W1F 8JG.
Trading address: 26, D’Arblay Street, London W1F 8EL

Terms and conditions of trade

Scope
1. These terms & conditions supersede all previous terms & conditions of Azimuth Post Production Ltd. All terms & conditions contained in any other document, or issued by other persons are invalid unless specifically agreed in writing, by Azimuth Post Production Ltd.
2. No statement, description or condition, specific or implied, contained in any document, advertisement or other communication medium, whether verbal or written, for or on behalf of Azimuth Post ProductionLtd., shall imply any warranty or in any way enlarge, vary or override these conditions, unless specifically confirmed to do so, in writing, by Azimuth Post Production Ltd.
3. Azimuth Post Production Ltd. is a company registered in England; No: 06498708.
Definitions
1. In these conditions Azimuth Post Production (including its employees authorised to provide goods and/or services on its behalf) are referred to as "the Company", and the firm or organisation and representatives of the firm or organisation that is purchasing or hiring the goods or services from the Company is referred to as "the Customer".
2. The term "Goods” in this statement of terms and conditions of business refers to any goods, property or equipment, owned by, or under contract to, the Company and supplied to the Customer under a specific contract or agreement, or as a consequence of any other contract or agreement. The term “Services” refers to services provided by the Company, or its authorised officers, whether at the premises of the Company or elsewhere, under a specific contract or agreement to provide such services, or as a consequence of any other contract or agreement.
3. The specific Goods or Services to be provided by the Company in respect of any particular contract are those as defined and agreed on the booking acknowledgement, hereinafter referred to as “the Contract”.
4. A week is defined as five consecutive working days (Monday to Friday inclusive). A working day for the purposes of any contract with the Company that includes the provision of staff is deemed to be of eight hours duration, unless agreed otherwise and confirmed in writing by the Company. Normal opening hours are 0830 to 2230 Monday to Friday (excluding bank holidays). Services provided outside of our normal opening hours may incur additional charges to cover staff and late-night travel costs.
Price
1. The current prices for Goods or Services quoted in writing supersede all previous published or quoted prices. Any published prices are subject to alteration by the Company at any time, and without prior notice.
2. All prices for Goods or Services quoted or published by the Company are exclusive of VAT and any other taxes which, where applicable, are payable to the Company in addition to the published or quoted rate.
3. Where a price has been agreed with the Company based on information supplied by the Customer, the Customer will be responsible for the accuracy of the information given and for the supply of all relevant particulars and any increased cost incurred during or after the performance of the Services from any inaccuracy or omission shall be borne by the Customer and shall be paid promptly.
4. The Company requires the Customer to provide information or materials in a timely fashion for the performance of the Services and reserves the right to make additional charges in the event of late provision of information or materials outside of the Company’s control. The Company will not be responsible for any costs, charges or expenses incurred by the Customer as a result of the late arrival of information or materials to the Company.
Payment
1. The Company reserves the right to require the Customer to make full or partial payment prior to the supply of Goods or Services.
2. A credit account may be offered to the Customer at the sole discretion of the Company, upon provision of satisfactory credit references. The Company reserves the right to withdraw the credit account facilities at any time.
3. Credit payment terms are strictly thirty calendar days from the date of invoice, unless stated otherwise on the invoice. The Company reserves the right to charge interest at 8% above the current bank base rate on all overdue amounts and to charge any costs incurred in recovering the overdue amount.
4. If the Customer wishes to dispute any invoice, the Company must be informed in writing of the reason for the dispute within 14 days of the invoice date, otherwise the invoice will been deemed to be accepted by the Customer and is therefore payable in full within the credit payment terms specified on the invoice.
5. The Company reserves the right to make deliveries of Goods and/or Services by instalments and to render a separate invoice in respect of each such instalment.
6. If the Company exercises its right to make deliveries of Goods and/or Services in accordance with sub-paragraph (e) above, then any delay in the provision of such deliveries/and or Services, or failure to deliver any further instalment or instalments, shall not entitle the Customer to reject the contract or the deliveries of Goods and/or Services of any other instalment or to withhold payment in respect of any instalment previously delivered or serviced.
Bookings and Cancellations
1. Bookings must be made and confirmed by an authorised representative of the Customer and no booking shall become binding on the Company until it has been accepted by an authorised representative of the Company.
2. Bookings must be confirmed by the Customer in writing or by email before the date specified on the Contract, or in the absence of any specified date or time, within 48 hours of the start of the booking.
3. The Company may charge the agreed rate for the full booking as specified in the Contract for any booking that is cancelled, curtailed, postponed or rescheduled after the period specified in the sub-paragraph (b) above or for any booking that has been previously confirmed by the Customer. The Company may at its sole discretion moderate these charges, but will not enter into discussions should it elect not to do so.
4. Bookings that form part of a discounted package will be identified as such on the Contract. If any part of the packaged bookings is curtailed or cancelled, the Company may at its sole discretion apply any such alternative rate that have been specified in the Contract, or if no such alternative rate has been specified the Company may charge its rate-card rate for any bookings that have already been carried out or remain to be completed.
5. The Company may require the Customer to confirm their bookings at any time. The Company will make reasonable endeavours to give the Customer reasonable notice of its request to confirm the bookings. The Company may at its sole discretion and without being liable to compensate the Customer, cancel any bookings that have not been confirmed by the Customer at any time.
6. The Company reserves the right to terminate at any time, and without explanation or recourse, any agreement for the supply of Goods or Services, if in its sole opinion there is, or is likely to be a breach of any of these terms and conditions.
Liabilities
1. The Company handles and stores all media (e.g. film, tapes, magnetic disks or similar) on the express condition that its liability for all such media does not exceed the replacement cost of new, unused media of a similar specification.
2. The Company can accept no liability for any financial loss, loss of profit, consequential losses or damage to, any equipment, documents or personal effects belonging to the Customer whilst in the custody of the company, or on, or in transit to or from, the Company's premises. Customers are advised to affect their own insurance cover in this respect. The Company accepts no liability in respect of legal proceedings brought against the Customer as a direct or indirect result of the Company honouring, or through the failure of the Company to honour any agreement, verbal or otherwise, for the provision of Goods or Services.
3. The Company accepts no liability for any fees, penalties or charges, financial or otherwise that the Customer may incur, through the use of, or inability to use, any of the Goods or Services supplied by the company, unless arising directly through negligence.
4. The Company shall not be responsible for any direct or consequential loss or delay suffered in consequence of strikes, lockouts, fire or restrictive legislation, nor in consequence of war, civil or internal strife, riots or other abnormal conditions beyond our control.
5. The Company shall not be responsible for any direct or consequential loss or delay suffered in consequence of the disruption of mains electricity, telephony, email and internet services, external data networks, or other such utility services that are beyond the Company’s control.
6. The Customer agrees to take all reasonable precautions to protect Goods on loan from or hire from the Company against loss or damage, and is responsible for ensuring that all equipment, media (e.g. film, tapes, magnetic disks or similar), documents, furniture or other items on loan from or hired from the Company are adequately insured.
7. All Goods on hire or loan from the Company remain the sole property of the Company at all times, and the Customer must not sell, loan, assign, pledge, encumber, part with, or suffer any lien to be created over any such Goods.
8. The Customer agrees to indemnify the Company against associated third party claims for infringement of copyright or other intellectual property rights, and agrees to seek, obtain and pay for all necessary permission and/or licences to enable the Customer to legally use any such owned and protected material.
Lien
1. Any Goods being the product of or derived from the Services shall remain the sole and absolute property of the Company until such time as full payment is received. Furthermore, such Goods shall not pass to the Customer until the Company has also received payment in cash or cleared funds of all monies due from the Customer to the Company under any other Bookings or business transaction.
2. The risk in respect of such Goods shall pass to the Customer as soon as the Goods are under the Customer’s control but the Customer shall nevertheless insure the Goods for the full value for the benefit of the Company.
3. The Company may for the purpose of recovery of the Goods enter upon any premise where they are stored or where they are reasonably thought to be stored and may repossess such Goods.
4. Until such time as the Customer becomes the owner of the Goods the Customer will store them on its premises separately from other goods and keep full records of any third parties to whom it sells or disposes of the same
5. The Customer acknowledges that it is in possession of the Goods solely as bailee for the Company until the Customer becomes the owner of the Goods.
Acceptance
1. By entering into a contract with, and accepting Goods or Services from the Company, whether the agreement is verbal or written, the Customer agrees to accept and be bound by these terms and conditions in their entirety.
2. The Company and the Customer agree that these terms and conditions of business shall be governed by, and interpreted according to, English law, and English courts are deemed to have jurisdiction.
3. If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.

Rev. 1.2 January 2011

Legal

Terms and conditions of trade

Scope

Definitions

Price

Payment

Bookings and Cancellations

Liabilities

Lien

Acceptance