TERMS AND CONDITIONS
1. In these terms and conditions and in the Operational Terms below (together referred to as ‘these terms and conditions’) “the Company” means Graham Stein trading as ‘Christopher Graham Studios’, “the Customer” means the person, fi rm or company contracting for the Services, the ‘Event’ means the event for which the Services and/or the Goods are provided and/or supplied, “the Services’ means any services rendered by the Company to the Customer at any time, ‘Goods’ means any items produced and/or supplied to the Customer pursuant to the provision of the Services and ‘Recorded Materials’ means any Videos, DVD’s, tapes, pictures or designs produced by or for the Company.
2. The Customer agrees that these terms and conditions shall apply to all legal relations between the Customer and the Company to the exclusion of any other provisions including any conditions, warranties or representations written or oral express or implied. No variation of these terms and conditions shall be valid unless agreed in writing and signed by an authorised person on behalf of the Company.
3. Other than Mr. Graham Stein no employee or agent of the Company shall have any authority in relation to the Services to make or give any representation or warranty whatsoever, whether verbal or written. A quotation is not an offer and may be withdrawn without notice. Any order whether received by the Company in respect of a quotation or otherwise shall not be binding on the Company until acceptance is confi rmed by the Company in writing.
4. The Company as sole copyright owner, reserves the sole worldwide rights of making copies of the production and also to use such samples sections or parts thereof for any work produced by them for the promotion or furtherance of their business at their discretion but without detriment to its original form or content.
4.1 All illustrations, drawings, descriptions, catalogues Recorded Materials and other information supplied by the Company in any sales literature, quotation, price list, acceptance of offer, invoice or other information are an approximate representation only of the Services and the Company shall not be liable for the consequences of any inaccuracy.
5. All designs and recognisable characteristics and other intellectual property rights in the Services are the sole property of the Company and shall not be copied or in any way imitated.
6.1 A booking fee of 25% of the service price shall be payable at the time of booking. The balance of the total price shall be payable 2 weeks before the event date and shall be acknowledgement and acceptance of the goods and/or services. The booking fee is refundable only if cancellation is made before a 4 month time period of the Event Date, after this time period the deposit is non-refundable. If cancellation by the Customer is made within less than an 8 week period of the Event Date, the Customer shall be liable to pay the balance of the total contract value less the amount of the booking fee previously paid by the Customer. Only at the absolute discretion of the Company and in the event of circumstances beyond the control of the Company or the Customer, will the balance of the contract value be waived where cancellation is made within the 8 week period of the Event Date.
6.2 If any sums due to the Company by the Customer are not paid, on the date due for payment, the Company:-
6.2.1 shall, at its sole discretion, be entitled to charge interest on the outstanding sum at the rate of 2% per month over base rate or part thereof calculated from the due date until payment is received by the Company; and
6.2.2 shall at its absolute discretion be further entitled to suspend, delay or recover the provision of any Services or Goods.
6.3 Prices payable will be those ruling at date of acceptance by the Company unless stated otherwise by the Company in writing.
7. All delivery/publication dates specifi ed by the Company in any letter, documentation or verbally are approximate only and no responsibility is accepted for any delay howsoever incurred or arising or for any direct or consequential loss or damage arising therefrom. Accordingly time shall not be of the essence in this regard.
8. Until the Company has received payment in full for all Services supplied by it to the Customer under any contract whatsoever between the Customer and the Company:-
(a) The Company shall remain the legal and benefi cial owner of the Goods;
(b) The Customer may not sell or part with all or any of the Goods and shall be under a fiduciary duty to account to the Company for any receipts by the Customer up to the total amount due from the Customer to the Company in respect of the Goods.
9. Payment of any sum by the Customer to any third party shall not discharge any debt or any part thereof owed by the Customer to the Company unless expressly agreed to the contrary in writing by the Company.
10. Whilst the Company will make every endeavour to ensure high quality production, occasional malfunctions of equipment, extreme weather conditions, power fluctuation or failure or adverse lighting conditions or other matters beyond the control of the Company, may prevent the Company from performing the Services as required. The Company’s liability arising out of any such circumstances or for any loss or damage or defect shall be limited to refunding to the Customer the invoiced price of the Services/Goods. Under no circumstances shall the Company be liable for any indirect or consequential loss of any nature arising out of damage or defects or for any reason beyond the control of the Company to provide all or any part of the Services or to supply any Goods. Any claim by the Customer which is based on any damage or defect in the quality of the Services or the Goods shall (whether or not delivery is refused by the Customer) be notifi ed in writing to the Company within 7 days from the date of provision of the Services or delivery of the Goods (as the case may be), time being of the essence. The Company shall not be liable in respect of any claim notifi ed to it after the expiry of such period.
11. All designs and recognisable characteristics and other intellectual property rights in the Services or the Goods or the Recorded Materials are the property of the Company and shall not be copied or in any way imitated. The Customer hereby agrees that the Company may use at any time any fi lm or other material for publicity or other purposes. No copies of any Recorded Materials produced by or for the Company shall be made without the express consent in writing of the Company.
12. Any forbearance by the Company at any time to enforce or pursue any of its rights hereunder shall not constitute a waiver of such rights or of any other rights.
13. Any contract entered into between the Company and the Customer shall be deemed to have been made at the principal trading address of the Company and these terms and conditions of sale shall be governed by and interpreted in accordance with the Laws of England.
14. The provisions of The Contract (Rights of Third Parties) Act 1999 shall not apply to these Conditions or to the Contract. OPERATIONAL TERMS If the Camera Operators are to fi lm for longer than 5 hours, then a request of some form of food and liquid refreshment must be provided.
a) The Customer shall sign a completed Booking Form setting out all the requirements of the Customer including (but not limited to) all dates and times and disclosing any unusual or particular circumstances characteristics or facts.
b) It shall be the responsibility of the Customer to obtain all necessary consents and approvals in writing, to pay any fees associated and/or relating thereto and to provide appropriate evidence to the Company if requested. The Customer shall indemnify the Company at all times in respect of such consents approvals and fees.
c) The Customer accepts that completed wedding or party videos will not be made available or shown in the fi rst instance to anyone other than the bride and groom or hosts (as the case may be) even though production may have been contracted for by another party.
d) In preparing the arrangements for the provision of the Services the Company will at all times have regard to the specifi c requirements of the Customer but it shall have complete discretion as to the method direction and nature of the production of the Services.
e) In the provision of the Services the Company shall not accept any instructions from any person other than the Minister in respect of any Church ceremony.
f) Different lighting conditions affect multi camera use and whilst all reasonable care is taken such conditions may produce colour and brightness variations.
g) The continuing co-operation and assistance of the Customer shall be required in all aspects of the production by the Company and the Customer shall use their best endeavours to prevent any interference to the Company from guests of the Customer.
h) The Company will not provide any still photographs unless authorised by the permission and consent of Mr Graham Stein only.
i) The production of Recorded Material shall not contain more than the number of songs specifi ed and the number of copies stated, shall be provided within the contract price.
j) The Customer understands and agrees that the coverage and filming of the event, will be at the sole discretion of the videographers professional expertise and that no one shot and/or scene shall be deemed more important than another. Although every effort will be made to comply with a Customer wishes, these will not be deemed as binding to the contract whether verbal or written.
DISCLAIMER
The company will endeavour to ensure as far as possible, compatibility in the playing of the DVD on the customers DVD Player. The company, however, will not guarantee complete and total compatibility with all makes and models and is not liable and/or responsible for any problems that may arise from malfunctions or incompatible software in the customers DVD player.