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Terms and Conditions

In these conditions Met Film is referred to as "the Company". "The Customer" means the person, firm, company or other body placing orders with the Company.

Met Film is a trading name of Met Film Limited company number 4790426 registered at 5 Young Street, London W8 5EH.

1.  Applicability of conditions

The Company provides facilities and services only on the basis of these conditions which shall apply to all bookings, however made or accepted, and shall form part of every contract between a Customer and the Company, except insofar as otherwise expressly agreed in writing by a director of the Company acting on its behalf.

2.  Extent of Company's Responsibility

The Company's responsibility is restricted to providing facilities and services for production and post production. In particular, except as may be otherwise agreed in writing by a director of the Company acting on its behalf, the Company's responsibility does not extend to any matter normally falling within the province of a director or producer of any film, video tape or programme. The Customer is responsible for ensuring that any film, video tape or computer programme is correct and complete in all respects as regards both form and content before use is made thereof or the same is removed from the Company's premises (whichever is the earlier).

3.  Bookings and Cancellations

3.1 Bookings may be made either by telephone or email or by letter or by fax. Every booking shall be subject to these conditions of trading and shall be at rates shown in the Company's estimate issued before or at the time of booking. The Company shall have the absolute right to change its prices at any time without prior notice.

3.2 If notice of cancellation of a booking is received by the Company less than two working days prior to the scheduled work time, the booking will be charged at full rate. If notice of cancellation is received more than two working days but less than seven days prior to the scheduled start time a charge of 50% of the full rate will be made. If notice of cancellation is received more than seven working days but less than fourteen days prior to the scheduled start time a charge of 25% of the full rate will be made.  No charge shall be made for cancellations received fourteen days or more prior to the scheduled start time.  For the purpose of this condition the scheduled start time will be the hour at which any equipment or personnel of the Company or its sub contractors is first scheduled for operational use in connection with a booking by a Customer. Working days are Monday to Friday inclusive, but excluding any statutory Public Holidays, a day is twenty-four hours.

3.3  In addition to any cancellation charge under sub-clause 3.2 above, the Company shall in the event of cancellation (whenever occurring) be entitled to charge the customer for any amounts payable to third parties in connection with the booking.

3.4 Cancellations of any bookings will only be effective if given in writing or email by the Customer.

3.5 The Company reserves the right to cancel any booking whether or not any services in connection therewith have been provided by the Company in the event that the Company in its absolute discretion considers a Customer's material is or might be offensive or obscene or that the copying or other reproduction thereof might infringe the rights of any third party or be otherwise illegal.

3.6 Nothing herein shall constitute a penalty and the parties hereby acknowledge and agree that the cancellation charge referred to herein is a fair and proper assessment of the Company's loss.

4.  Payment

4.1 Subject to the further provisions contained in this condition the Customer shall unless otherwise expressly agreed in writing by the Company pay for the facilities and services supplied to them at the rates shown in the relevant estimate.

4.2 All the payments shall be made within twenty-eight days from the date of the invoice. The Company reserves the right to require any Customer to make full or part payment prior to the performance of the booking by the Company.

4.3 In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to suspend any further performance of or deliveries under any contract or contracts between the Company and the Customer without notice and to charge interest on any amount outstanding at the rate of 4% above the base rate of Barclays Bank plc from time to time from the due date of payment to the actual date of payment.

4.4 The Customer agrees to pay for any additional services supplied by the Company which are not described in the estimate at the lower of the price given for the same or similar services in the estimate or the price listed for such services in the Company's rate card.

5.  Limitation of Liability

5.1 The Company shall not be liable for any loss or damage to any property of the Customer howsoever arising unless caused by the negligence or breach of duty of the Company or its employees, agents or sub-contractors in which event the provisions of paragraph 5.7 will apply.

5.2 All implied conditions and warranties, statutory or otherwise are hereby excluded.

5.3 The Company shall not be liable in any circumstances for any loss of profit or other consequential loss suffered by the Customer arising from work undertaken by the Company.

5.4 The Customer shall at times be liable to the Company and to those claiming through the Company for: -

     a) Any injury to or death of any of the Company's employees and

     b) any loss, damage or personal injury of any kind suffered by any third party, where such loss, damage or injury is occasioned by or arises out of any act or omission of the Company or its employees agents or sub-contractors as a result of carrying out the instructions of the Customer, whether or not such injury, death, loss or damage arises as a result of any negligence on the part of the Company or its employees, agents or sub-contractors. The Customer shall indemnify the Company against all claims, proceedings, actions and costs in respect of such loss, damage or injury howsoever occasioned at any location whatsoever.

5.5 If the Company is unable to provide any of the facilities agreed to be provided by the Company to the Customer due to circumstances beyond its control (including but not limited to industrial action by any person or persons whether or not employees of the Company) the Company shall not be liable for any loss suffered or any sum payable by the Customer as a result thereof. In the event of a breakdown or stoppage or defective working of any equipment hired to the Customer or used as part of the services provided to the Customer then the Company will use its best endeavours to remedy the same without delay. In respect of any period during which the Customer is thereby prevented from making use of the facilities or services supplied to him the Customer shall be entitled to a proportionate remission of the charges payable in respect of such facilities or, at the request of the Customer, shall supply the equipment, free of charge, for a period of time equivalent to that during that which the Customer shall have been prevented from using the equipment. Save as aforesaid the Company shall be under no liability whatsoever in respect of such breakdown or stoppage or defective working or other failure to perform its obligations.

5.6 No employee of the Company is entitled to make representations on behalf of the Company and the Customer shall be entitled to rely only on representations made in writing by a director of a Company on its behalf.

5.7 In the event of any loss or damage to any property of the Customer being occasioned by the negligence or breach of duty of the Company, its employees, agents or sub-contractors the liability of the Company shall be limited to £5000.

6.  Indemnities by Customer

The Customer shall fully indemnify the Company or (where relevant) its sub-contractors, agents or employees from and against all actions, proceedings, claims, demands, damages, fees, costs, losses and expenses or other liabilities made against or incurred or suffered by the Company or its sub-contractors, agents or employees by reason of or in respect of:

     a) any infringement of copyright or trademark or any passing off or any other infringement of or interference with any proprietary right or interest of any third party or any civil or criminal action or prosecution for defamation or obscenity or for any breach of confidence or misuse of any confidential information arising out of any work carried out by or on behalf of the Customer.

     b) Any breach by the Customer of any of these conditions.

     c) any personal injury or death or loss or damage to property caused by or arising out of or in connection with the use by the Customer of any facilities provided by the Company except where the same is attributable to the negligence or breach of contract of the Company or its servants, agents or sub-contractors.

     d) any breach by the Company, its sub-contractors, agents or employees of its or their obligations under any contract with the Customer or any negligent act or omission of the Company its sub-contractors, agents or employees resulting in loss, damage or injury to the Customer, its agents, sub-contractors or employees, or in any costs or expenses payable by the Customer, its agents, sub-contractors or employees.

7 The Company does not provide any insurance whatsoever with respect to any risks that might arise out of or as a result of the use by the Customer of the Company's facilities or services and any consequential risks that might rise from the same use

 

8 Screen Credits

For any material where screen credit is incorporated credit must be given to Met Film and relevant staff or as otherwise agreed.

 

9 Retention of Title

The Company shall retain title to and legal and beneficial ownership of any film, video tape or computer programme prepared by it until the invoice relating thereto shall have been paid in full. The Company reserves the right to demand payment in full when any such film, video tape or computer programme is removed by the Customer from the Company's premises.

 

10 This agreement shall be interpreted in accordance with the laws of England and the parties agree to the jurisdiction of the English Courts.