General Post UK: Terms and Conditions
GENERAL CONDITIONS OF TRADING
IT IS AGREED BETWEEN GENERAL POST (UK) LTD AND THE CUSTOMER/CREW MEMBER
1. AGREEMENT
These general conditions shall govern all dealings between GENERAL POST (UK) LTD and the CUSTOMER to the exclusion of all other agreements, general terms and trading of the CUSTOMER or general conditions of the CUSTOMER or any other documents unless specifically agreed in writing by GENERAL POST (UK) LTD
2. DEFINITIONS
The head notes and preamble to these conditions are for reference purposes only and shall not in anyway affect the construction or interpretation of anything herein contained. Words signifying the singular number shall include the plural and vice versa and words importing the masculine gender shall include the feminine and neuter.
3. PRICE
3.1 The CUSTOMER will be charged for and will be liable for the charges in respect of all services and facilities on the time basis as referred to in the booking sheet.
3.2 GENERAL POST (UK) LTD reserves the right to vary at any time any published hiring or service charges. Should the customer be in possession of a valid quotation then the price in the quotation is applicable.
3.3 Any price quoted in any quote form or quotation shall only be in respect of the hours stipulated therein which quantity of hours is a rough estimate only. Should any services or facility be used for any period of time in excess of the hours stipulated then the CUSTOMER will be liable for the additional time at the quoted rates thereof. Should any services or equipment be used for any period of time shorter than that furnished in any quotation then the CUSTOMER will still be liable for payment of the full periods stipulated in such quotation.
3.4 All prices quoted or furnished are nett and no discounts whatsoever shall be allowed unless agreed to by GENERAL POST (UK) LTD in writing.
4. CUSTOMER’S UNDERTAKINGS AND OBLIGATIONS
4.1 The CUSTOMER warrants that :
4.1.1 It has the right and authority to place orders and accept
Cost estimates in accordance with those terms and conditions and gives GENERAL POST (UK) LTD the right to make copies and duplications of the CUSTOMERS materials.
4.1.2 It shall not infringe any third party’s copyright or any other rights.
4.1.3 Its materials do not contain anything which in any way infringes any statute.
4.2 The CUSTOMER in breach of any warranty given to GENERAL POST (UK) LTD in terms hereof hereby indemnifies GENERAL POST (UK) LTD and holds them harmless against any loss arising from any claim including legal fees as well as damages and expenses incurred by GENERAL POST (UK) LTD which arise in any way whatsoever as a result of a breach of any such warranty. It is recorded that, even if the CUSTOMER is in breach of any warranty contained herein, the person or persons referred to therein shall in any event, be deemed to have been authorized.
5. USE OF EQUIPMENT
5.1 All equipment shall at all times be used only by authorized employees or subcontractors of GENERAL POST (UK) LTD
5.2 The CUSTOMER shall only have the right with prior written consent of GENERAL POST (UK) LTD to operate any equipment himself or by means of his employees or agent.
5.3 GENERAL POST (UK) LTD makes no representations, warranties or undertakings that the EQUIPMENT is suitable for any specific purpose or has any particular functions or abilities.
5.4 Not allow any vehicle supplied by GENERAL POST (UK) LTD to be driven by any person other than the person authorized to do so by GENERAL POST (UK) LTD and specifically not by any person who is not in possession of a valid drivers license.
5.5 Inform the landlord of any premises where the EQUIPMENT is located of GENERAL POST (UK) LTD ownership in and to the EQUIPMENT.
6. PAYMENT
6.1 Unless agreed to by GENERAL POST (UK) LTD in writing, the full price
In respect of the use of services and equipment and facilities shall be made before the CUSTOMER (and all film and video tape upon which any work has been done via GENERAL POST (UK) LTD leaves the premises of GENERAL POST (UK) LTD
Should GENERAL POST (UK) LTD agree to the CUSTOMER being granted credit then all amounts payable by the CUSTOMER to GENERAL POST (UK) LTD shall be paid within 30 (thirty) days of the date of the statement reflecting the relevant invoice or invoices for the first time.
6.2 Should any amount not be paid on due date then the CUSTOMER shall pay interest on the outstanding amount at the same rate of interest plus 2% as the best overdraft rate quoted by HSBC Bank to GENERAL POST (UK) LTD from time to time.
6.3 In the event of any amount not being paid on due date by the CUSTOMER to GENERAL POST (UK) LTD then all further amounts owing by the CUSTOMER to GENERAL POST (UK) LTD shall immediately become due and payable.
6.4 In the event of a CUSTOMER tendering a cheque or any other negotiable instrument then payment will only be deemed to have been made once the said cheque or negotiable instrument has been met by the relevant bank or paying authority.
6.5 Overdue accounts will attract interest.
7. LIABILITY OF GENERAL POST (UK) LTD
7.1 As the charges of GENERAL POST (UK) LTD are not proportionate to the value of the material entrusted to it or to the value of the work on which its customers are engaged GENERAL POST (UK) LTD shall not except as provided in Clause 7.2 be liable for any loss or damage of any kind whether consequently or otherwise and whether caused by negligence or otherwise or resulting from :
7.1.1 Any delay in the availability of any equipment or service.
7.1.2 Any defect or deficiency of or related to any equipment, film, video or audio or other material supplied, processed, handled, stored, transported or received by GENERAL POST (UK) LTD
7.1.3 Services of any technicians, operators, any other employees or any other services provided by GENERAL POST (UK) LTD whatsoever.
7.2 Video tape, audio tape and/or film damaged whilst in the
possession of GENERAL POST (UK) LTD and as a direct result of any negligent act or omission by any employee or agent of GENERAL POST (UK) LTD be replaced by GENERAL POST (UK) LTD by a similar length of unused video tape or film or audio tape of similar quality.
7.3 Should any equipment, process or employee of GENERAL POST (UK) LTD or any service of GENERAL POST (UK) LTD be unavailable, malfunctioning or not functioning (including as a result of any power failure) then, unless such unavailability, non-function or malfunction was caused by any act or omission by the CUSTOMER or any employee or agent of the CUSTOMER, the CUSTOMER shall not be liable to pay GENERAL POST (UK) LTD for the period for which such equipment, employee or service was unavailable, malfunctioning or not functioning. The CUSTOMER shall have no further claims whatsoever against GENERAL POST (UK) LTD for such envisaged problems.
7.4 Without derogating from the generality of the a foregoing, GENERAL POST (UK) LTD will incur no liability for delay in delivery or in completion of any undertaking howsoever caused. Any times and time limits furnished by GENERAL POST (UK) LTD or agreed upon between the parties shall be estimated only and shall not be deemed to be of the essence of these conditions, or any contract.
7.5 The CUSTOMER hereby indemnifies and agrees to hold GENERAL POST (UK) LTD harmless against all actions, proceedings, costs (including legal cost on an attorney and own client basis) charges, claims and demands whatsoever which may be made or brought against GENERAL POST (UK) LTD its employees or agents by any third party whatsoever in relation to or in connection with any equipment, film, video tape, audio tape, materials, the services of any employees of GENERAL POST (UK) LTD or any other services supplied to the CUSTOMER by GENERAL POST (UK) LTD or any other matter done or purported to be done in pursuance thereof.
7.6 Any liability of GENERAL POST (UK) LTD whether in contract, delict or otherwise not excluded in terms of these general conditions shall be limited to the amount of the remuneration of the appropriate part of the remuneration payable to GENERAL POST (UK) LTD in respect of the services and/or goods supplied by GENERAL POST (UK) LTD in connection with which such liability has arisen.
8. LIEN
Film, video tape, equipment, master tapes, material and all property of whatsoever kind of the CUSTOMER in the possession or custody of or being handled by GENERAL POST (UK) LTD shall whilst in the possession of GENERAL POST (UK) LTD be subject to lien for the balance of monies from time to time due to GENERAL POST (UK) LTD from the CUSTOMER from whatsoever cause arising. The CUSTOMER agrees that should it fail to pay it’s obligations in terms hereof, then GENERAL POST (UK) LTD at it’s discretion shall be entitled to repossess all such goods not paid for.
9. CESSION OF COPYRIGHT
As security for all amounts which are present or which may be in the future become owing by the CUSTOMER to GENERAL POST (UK) LTD from whatsoever cause arising, the CUSTOMER hereby cedes all its rights, title and interest including all copyright, which it may have or acquire in respect of all film and video tape edited, produced or processed by GENERAL POST (UK) LTD
10. STORAGE AND DISPOSAL OF THE CUSTOMER’S MATERIALS AND/OR TRIMS
10.1 GENERAL POST (UK) LTD has no facilities for the storage of CUSTOMER’s materials, which should be removed from GENERAL POST (UK) LTD premises as soon as possible after the completion of work. Whilst every effort will be made to look after and protect CUSTOMER’s materials while they are being use on GENERAL POST (UK) LTD premises, no responsibility whatsoever can be taken for loss of or damage to CUSTOMER’s materials whilst on GENERAL POST (UK) LTD premises.
11. GENERAL INDEMNITY
GENERAL POST (UK) LTD shall not be liable for any claim whatsoever being made by the CUSTOMER, the CUSTOMERS assigned clients or any party contracting with the CUSTOMER or any other party whatsoever as a result of the breach of copyright, breach of any other rights of third parties, contravening of any laws, ordinances, government regulations or similar sanctions arising out of any act of GENERAL POST (UK) LTD in selling any article or providing any service to the CUSTOMER and the CUSTOMER hereby indemnifies and agrees to hold. GENERAL POST (UK) LTD harmless against any such claim which might be made against GENERAL POST (UK) LTD which indemnity shall include and indemnify against all attorney and client costs incurred by GENERAL POST (UK) LTD on the "attorney and own client” scale.
12. SALE OF BUSINESS
If the CUSTOMER is an unincorporated business or partnership then notwithstanding the sale of business by the sole proprietor or partners (jointly and severally) at the date that the services were provided by GENERAL POST (UK) LTD to the CUSTOMER shall be liable for payment to GENERAL POST (UK) LTD for all amounts owing to GENERAL POST (UK) LTD in respect of the services provided.
13. DOMICILIA
13.1 The parties respectively choose domicilium citandi et executandi for all purposes of and in connection with these conditions and any agreement between the parties at the address printed on the face hereof for GENERAL POST (UK) LTD and at the address written on the face hereof for the CUSTOMER.
13.2 All notices, demands and communications intended for the parties shall be made out and delivered to such party’s domicilium for the time being. Such notice, demand or communication (and any envelope in which it is contained) shall be marked for the personal attention of the CHIEF EXECUTIVE where it is addressed to GENERAL POST (UK) LTD In the absence of proof to the contrary any notice, demand
or communication given to any party shall be deemed to
have been received by the addressee in ten (10) days after
the posting by pre-paid registered post by airmail where
airmail postal services are available or upon date of delivery
in the event of being delivered by hand or telefax and not
through the post.
14 GENERAL
14.1 These conditions constitute the whole and entire agreement between the parties. Any previous agreements in conflict with the provisions hereof contained are hereby cancelled and there are no agreements, representations or warranties between them other than those specifically set forth herein.
14.2 No indulgence on the part of either party in exercising any right conferred upon such party in terms hereof shall constitute a waiver of such rights, nor shall any single or partial exercise any right preclude any other or future exercise thereof or the exercise of any other right in terms hereof.
14.3 No variation or modification of these general conditions shall be of any force or effect unless the same shall be confirmed, in writing and signed by both parties and then such variation or modification shall be effective only in the specific instance and the purpose and extent for which it was made or given.
14.4 Should any paragraphs, clause or part thereof be found to be invalid for whatsoever reason then to the extent possible, such paragraph, clause or part thereof shall be deemed to be severable and shall not affect the validity of the balance of these conditions.
14.5 The CUSTOMER hereby consents to the jurisdiction of any Magistrate Court, which at the time of the proceeding in question has jurisdiction in terms of Section 28 (1) of the Magistrate’s Court Act (as amended). Notwithstanding the aforegoing parties specifically agree that GENERAL POST (UK) LTD may in it’s discretion, institute proceedings in any division of the High Court of The United Kingdom having jurisdiction, provided that the cause of the action would but for the aforesaid consent, be beyond the jurisdiction of the Magistrate’s Court.
15 GENERAL POST (UK) LTD FREELANCE WORKING CONDITIONS
GENERAL POST (UK) LTD is an ADMIN service. It serves both EMPLOYER and the EMPLOYEE. It takes bookings, handles the booking procedures, does the billing and collects the funds on behalf of it MEMBERS.
15.1 GENERAL POST (UK) LTD accepts no responsibility for the actions of CREW MEMBERS booked through it. the CREW MEMBER works under the supervision of the CLIENT. The Client is the EMPLOYER. The CREW MEMBER is the supplier of the service/work to the EMPLOYER.
15.2 Rates are for a Ten hour day. Overtime is charged there after. A standard day includes ONE HOUR for Lunch/meal times
15.3 A normal week starts on Monday and ends on Friday (with the consecutive days in between)
15.4 Rushes viewing or any other tasks directly related to the editor’s tasks will be considered part of working day.
15.5 Overtime – is charged in line with CPA regulations. First 2 hours time & half, there after double time. Hourly charge increases commensurately with premium days
15.6 Premium days – Sundays and Bank Holidays are charged at premium days. Rate of pay is time and a half.
15.7 Away work – Suitable accommodation must be provided(Unless negotiated otherwise) for away work.
15.8 If the CREW MEMBERS is offered permanent employment by the client subsequent to a GENERAL POST (UK) LTD booking, It is recorded here that GENERAL POST (UK) LTD was the effective cause of introduction and therefore entitled to it’s permanent placement fee.
16 GENERAL POST (UK) LTD CANCELLATION AGREEMENT
16.1 A booking is deemed cancelled if postponed for longer than 21 calendar days within four days of the first day of the booking
16.2 Cancellation fee will be charged if cancelled within four days of first booked day.
16.3 Charged as follows 100% for day 1 & 2 50% for Day 3 to 5. 25% for Day 6 to 10. 5% for the balance if long form.
16.4 Replacement crew – GENERAL POST (UK) LTD will endeavour to replace a CREW member who can no longer perform a booking (whether they have commenced work or not) GENERAL POST (UK) LTD can however not accept responsibility for any loss or delay caused by a CREW MEMBER leaving a position for any reason whatsoever. GENERAL POST (UK) LTD does not accept liability in any way for the actions of its CREW MEMBERS and can not accept responsibility in the event that the replacement CREW MEMBER is of a different rate.
17 GENERAL POST (UK) LTD BOOKING FEE
17.1 Booking Fee, none.
17.2 Permanent Placement Employment – 15% of the first full years salary. This may be split between the employer and the employee.
17.3 A surcharge of may be charged should the client need to book a CREW MEMBER after standard working hours - being 09h00 - 17h00, Monday to Friday.
17.4 These may change from time to time without prior notice.
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