TERMS AND CONDITIONS - BOTTOMSIDE STUDIOS
1. INSURANCE :
Bottomside insures equipment at replacement value against damage, destruction or loss. All rates quoted for equipment and service will be exclusive of 10% insurance. In the event of claim arising where the total claim does not exceed an amount of R 100 000 (one hundred thousand Rand) the client shall be solely liable for the payment of R 10 000 (ten thousand Rand) excess. Damage and/or theft of ANY items with a value less than R 10 000 (ten thousand Rand) will for the clients account! In the event that the total claim exceeds R 100 000 (one hundred thousand Rand) the client shall be solely liable for the payment of 10% (ten per cent) of the total value of the claim to the insurer and shall reimburse the full amount to Bottomside on request. The client undertakes to comply with the terms and conditions of the applicable insurance policy related to the equipment and the use thereof, and shall be responsible for any costs not paid by insurance due to non-compliance with these terms.
2. PAYMENT :
All accounts are strictly COD unless otherwise stipulated. The exception is for approved account holders who pay on 30 days from date of Invoice. Productions outside the boundaries of the Republic of South Africa are subject to a 75% deposit and COD of the balance on completion of the job. Any quotation compiled by Bottomside is valid for 7 days only and is subject to change without notice, subject to the change of any production specs or expectations of the client. Any quotations supplied by Bottomside will only be accepted after it was signed and sent back to Bottomside via email or fax. The client, by accepting credit agrees to pay Bottomside interest of 2% per month on ALL late payments. Interest will be charged on any amount due after 15 or 30 days. Bottomside will hold the client liable for all costs including reissue of invoice after 15/30 days from date of original invoice. Unless a query on an invoice is made within 7 days of date of invoice the client is liable for the amount quoted on invoice. Overtime will be charged at full rates - not quoted rates. Overtime is calculated after a standard 10 hour working day at time and a half. The client will not be entitled to withhold payment of any amount payable to Bottomside to satisfy any claim of the client arising from this or any other agreement between the client and Bottomside, nor will the client be entitled to set off such an amount against the amount payable to Bottomside in terms of this or any other agreement.
3. INDEMNITY :
The client hereby indemnifies Bottomside against any liability arising out of any actions, omissions, proceedings and claims made by or on behalf of the client or any third party against Bottomside, its agents, employees, directors and all claims, damages, losses or expenses (including legal costs on an attorney-client-scale) suffered or sustained by Bottomside in connection therewith. In all other respects, Bottomside makes no warranties whatsoever in relation to the equipment/service supplied to the client in terms of this agreement.
4. ERRORS AND PRODUCTION FAILURES :
Bottomside will endeavor to supply equipment in good working order and supply service to the best of its ability. The client hereby agrees that he/she shall carry out, as far as is reasonably and practically possible , checks and precautions to satisfy themselves as to the viability of the project. In the event that external or internal factors renders the production not fit for client's purpose, Bottomside will not carry liability and can not be held accountable for production failure. This includes inadequate organizing, unforeseen change in location, cancellation of events, cancellation from external parties or restraints by legal or government institutions.
5. ASSIGNMENT :
This agreement is personal to the client and may not be assigned or otherwise transferred in whole or in part by the client without the prior consent of Bottomside. Bottomside may assign this agreement in whole or in part at any time and will notify the client in writing of any such assignment as soon as reasonably practicable.
6. GOVERNING LAW :
This Agreement will be governed, construed and take effect in accordance with the laws and statutes of the Republic of South Africa.
7. BREACH :
If the client should default in payment of any amount falling due in terms of this agreement and fail to make payment within 7 (seven) days of a written notice calling upon it to do so, then Bottomside may elect, without prejudice to any other rights and without notice, forthwith to terminate this agreement and suspend all services and retain all monies already paid by the client and claim settlement of all amounts due and payable.
8. JURISDICTION :
The client hereby consents to the jurisdiction of the Magistrate's Court having jurisdiction over its person in respect of all proceedings in
connection with this agreement.
9. AGREEMENT AND COMPLIANCE :
With acceptance of these terms and conditions, the client and all persons involved with the client are bound jointly for all debts incurred, including all costs pertaining there to, including loss of income for Bottomside, and are liable for all costs on a client attorney basis for any claims made by Bottomside.