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Hire tarifs and 6 pack rental plan

[Item Image] Terms and conditions
Terms and conditions
Definitions
Licence: The rights licensed by the Supplier as set out below Licensee: The organisation
specified in the relevant order confirmation Product: The product specified in the relevant order
confirmation (including any accompanying or ancillary materials supplied with such product)
Supplier: Formavision sarl
1. Licence Terms
These are the terms and conditions (ŗTerms˛) for an agreement whereby the Licensee agrees
to pay for, and the Supplier agrees to supply to the Licensee, one or more Products and
whereby the Supplier agrees to license such Product(s) on a non-exclusive basis to the
Licensee, subject to the terms of the Licence. All rights not expressly granted to the
Licensee
in these Terms are reserved to the Supplier.
2. Permitted Use
The Licensee may use or make available the Product for education and training purposes to
its officers, employees and those persons whose services are contracted principally to the
Licensee (ŗPermitted Users˛). In the case of a training consultant, Permitted Users shall
include the consultantšs bona fide clients, provided that any audiovisual Product remains in
the
possession, and under the control, of the consultant at all times.
3. Evaluation Copies
Where a Product is hired to the Licensee for evaluation purposes, the Licensee may only use
such Product for such purpose and shall not use or make it available to any person (including
a Permitted User) except those involved in such evaluation.
4. Restrictions On Duplication And Dealing
The Products comprise the intellectual property either of the Supplier and/or one or more third
parties and are protected by law. The Licensee shall not (i) copy or duplicate a Product in
whole or in part (except as may be required to install a Product supplied on CD-ROM format,
as specifically permitted in copies of printed materials supplied or otherwise as permitted by
the Supplier in writing), (ii) edit, amend or add to a Product or incorporate it with other
material, or (iii) sell, rent, lend, give or sub-license a Product (whether for reward or
otherwise).
5. Other Restrictions
The Licensee shall not charge an admission fee for a Product or advertise its use outside the
Licenseešs organisation, shall only make an audiovisual Product available at any one time on
a single TV or computer screen and shall not exhibit or disseminate a Product by any means
of terrestrial, satellite, cable or other broadcast or by any means of network or electronic
transmission.
6. Acknowledgement Of Orders And Cancellation
Formal acknowledgement of orders will only be given where the Licensee so requests in
writing or otherwise at the Supplieršs discretion. Cancellation of any order by the Licensee
shall only relieve the Licensee of paying the applicable fee in full and on the due date where
the order is for the hire of a Product and is cancelled more than 3 working days before the
due
despatch date.
7. Price
The Licensee shall pay to the Supplier the fee current at the time of despatch of the Product
(as published from time to time by the Supplier) whether or not there shall have been an
increase after the date when the relevant order was received and whether or not the price
charged corresponds to any price or quotation relied on when such order was placed.
8. Payment Terms
The Supplier reserves the right to refuse credit to the Licensee. Where credit is granted, the
Supplieršs invoice will be payable within 30 days. If the Licensee fails to make such payment
within 30 days, the Licence will terminate without prejudice to the Licenseešs liability to make
such payments. The Licensee shall pay interest at the rate of 1.5 per cent per month for any
day beyond 30 days in respect of which payment has not been made.
9. Delivery
The Supplier shall use reasonable endeavours to deliver the Product on the day and to the
address set out in the order confirmation by such means as the Supplier considers fit. The
Licensee shall be responsible for all delivery costs and, in particular, any express delivery
surcharge incurred by the Supplier in respect of a Product ordered less than 3 working days
prior to the requested delivery date. The Product shall be deemed to have been delivered
when
and where due unless the Licensee shall have notified the Supplier of late or non-delivery prior
to the close of business on the working day immediately following the intended delivery date.
10. Risk And Care Of Product
Risk shall pass to the Licensee on delivery. In the case of a Product hired to the Licensee,
the
Licensee will keep and maintain the Product safe, secure and free from all damage and will
pay the Supplier the full cost of replacement or repair in the event of its loss or damage.
11. Return Of Product
In the case of a Product hired to the Licensee, the Licensee shall ensure that the Product is
returned by the specified date by the Supplieršs designated carrier at the Licenseešs risk and
cost. The Licensee is advised that no carrier will consider any claim by the Licensee for loss
or damage in transit unless a receipt or certificate of posting has been obtained by the
Licensee.
12. Late Return
In the case of a Product hired to the Licensee which is not received by the Supplier or its
designated carrier on the date after the last date of the Licence, the Licensee will also pay to
the Supplier for each day the Product is not returned, the extra dayšs hire fee for that Product
at the Supplieršs current list price.
13. Term and Termination
The Licence shall continue either for the fixed period stated in the order confirmation (a ŗhire˛)
or for an indefinite period (a ŗpurchase˛). In either event, the Supplier shall be entitled (without
prejudice to its other rights and remedies) to terminate the Licence if (i) the Licensee
commits
a material breach of the Licence or these Terms, (ii) the Licensee goes into liquidation or is
the subject of any action or proceeding under bankruptcy or insolvency law (including the
appointment of a receiver or administrative receiver) or (iii) the copy of the Product supplied
becomes unfit for use whether through normal wear and tear or otherwise. On termination or
expiry of the Licence, the Licensee will return the Product to the Supplier within 7 days at the
Licenseešs cost.
14. Group rental Plans
Where the Licensee enters into Group rental plans with the Supplier, the Licensee
acknowledges that any sums due and/or advanced to the Supplier in respect of the plan, but
which are unused within the period of the plan shall be retained by the Supplier.
15. Product Warranties
The Supplier makes no warranties or representations, either express or implied, in relation to
the Productšs completeness, accuracy, merchantability or fitness for a particular purpose. In
particular, the Licensee shall be responsible for ensuring that the format in which the Product
is supplied is compatible with and suitable for use in conjunction with the Licenseešs video,
computer or other relevant system and otherwise fit for the purpose intended by the Licensee.
The Supplier shall not be liable for any loss to the Licensee through damage to the video,
computer or any other system used by the Licensee (including without limitation any software
or data stored on such system) or otherwise resulting from the Licenseešs failure to ensure
such compatibility, suitability or fitness.
16. Defective Products
Unless the Licensee notifies the Supplier of any technical or manufacturing defect in the
videocassette or other format in which the Product is supplied within 3 working days of
delivery
and returns such Product promptly thereafter to the Supplier, the Product will be deemed to
have been delivered free of any such damage or defects.
17. Liability of the Supplier
Save in respect of (i) death and personal injury arising from the negligence of the Supplier
and/or its employees and (ii) other liabilities whose limitation is excluded or restricted by
statute, the Supplier shall only be liable for the direct loss incurred by the Licensee as a
result
of the Supplieršs failure to deliver a Product by the due date. The Supplier shall not be liable
for
any other loss or damage arising from or in any way connected with the supply, failure to
supply, use of or inability to use a Product whether in contract, tort, negligence or under any
statutory duty or otherwise including, without limitation, damages for loss of business profits,
business interruption, loss of business information or any other pecuniary loss, even where
the
Supplier has been advised of the possibility of such loss or damage.
18. Licenseešs Remedies
Save as provided in Clause 17, the entire liability of the Supplier and the Licenseešs exclusive
remedy shall be, at the Supplieršs option, either the replacement of the Product ordered or a
refund of the fee paid for such Product.
19. Licenseešs Indemnity
The Licensee agrees to indemnify and hold the Supplier harmless against any cost, damage,
loss, liability or expense arising out of the breach of the Licence or these Terms by the
Licensee or the loss, damage, alteration or modification of the Product caused by the
Licensee.
20. Force Majeure
The Supplier will not be liable for any loss or damage sustained by the Licensee in the event
that the Product is not received by the Licensee on the due date by reason of war, riot, civil
war, fire, flood or Act of God, strikes, labour disputes, weather conditions, transport failure or
other cause whatsoever beyond the Supplieršs control.
21. Performing Right Society
The Licensee shall be responsible for acquiring any licenses and paying any fees required by
the Performing Right Society Limited or any other similar body arising from the exercise by
the Licensee of its rights under this Licence.
22. Restriction On Export
Subject to the provisions of the Treaty of Rome, the Product shall not be exported by the
Licensee from the country to which it is initially delivered without the prior written consent of
the Supplier.
23. No Variation
These Terms apply to the exclusion of any conditions of business used by the Licensee and
to the exclusion of any written or oral representation made by any person before or at the
time
the contract is entered into, save as agreed in writing by a duly authorised officer of the
Supplier.
24. Non-Transferability
The Licence is personal to the Licensee and the Licenseešs rights may not be assigned,
sub-licensed, transferred, alienated or shared in any way with a parent, subsidiary, holding,
associated or related company of the Licensee or any other person without the express prior
written consent of the Supplier.
25. Governing Law
The construction, validity and performance of an order, a Licence and these Terms shall be
governed by the laws of France and the Supplier and the Licensee each submit to the
non-exclusive jurisdiction of the French courts.
Copying is illegal!
Please remember that you cannot copy any programmes purchased from Formavision for any
reason. Nor can you lend, rent or give the programmes to anyone outside your organisation
without the permission of the copyright holder. You must not charge an admission fee to view
the programmes or advertise their display outside your organisation. You cannot transmit the
programmes over open or closed circuit television, cable or satellite systems without our
permission.




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Formavision

87-89 Rue des Rosiers,
Le Mont Valerien,
92500 Rueil Malmaison
France
Telephone: 06 75 03 55 47
E-Mail: dvd@formavision.com