All requests for services are accepted by ScanLab Graphics /Cinegraph, upon the terms and conditions set out below. This order for services is the agreement between ScanLab/Cinegraph and the Customer.
1) The amounts to be charged by ScanLab/Cinegraph for all services will be ScanLab/Cinegraph’s prices at the date of acceptance of work. All prices charged by ScanLab/Cinegraph will be charged at the full rate quoted unless special terms have been agreed to in writing by a representative of ScanLab/Cinegraph.
2) All work is accepted by ScanLab/Cinegraph on a C.O.D. basis unless credit has been established. Payment for services and materials invoiced by ScanLab/Cinegraph to Customer is due in full upon receipt of invoice or as otherwise negotiated with ScanLab/Cinegraph. Any claim for adjustment must be presented to ScanLab/Cinegraph within 21 days from invoice date. No work which is to be billed to a third party will be accepted by ScanLab/Cinegraph without prior written consent from the third party. Overdue accounts are subject to an interest charge of 1.% permonth (12% per year).
3) Transportation of Customer’s materials to and from ScanLab/Cinegraph shall be at Customer’s risk and expense. All shipments of Customer’s materials to ScanLab/Cinegraph and from ScanLab/Cinegraph shall be insured at Customer’s expense. Unless other arrangements have been made by Customer all materials to be shipped to Customer will be shipped collect or pre-paid. A signature required for deliveries is strongly recommended.
4) All shipping and delivery dates are approximate. ScanLab/Cinegraph will not be liable for delay in delivery of materials to Customer, or any losses resulting therefrom. Delay of materials to Customer will not constitute grounds for cancellation of Customer’s work order.
5) ScanLab/Cinegraph will store Customer’s digitized materials during the time of scanning and restoration and up to three months at no charge. ScanLab/Cinegraph may, at it’s option, elect to continue to store the materials at no charge after the three month period. When all outstanding invoices have been paid by the Customer, ScanLab/Cinegraph, at it’s option and on written notice to Customer, will return materials to Customer at Customer’s expense. Customer agrees to remove materials at Customer’s expense, within thirty (30) days after written notice from ScanLab/Cinegraph.
6) CUSTOMER AGREES TO ASSURE AND SAVE SCANLAB/CINEGRAPH FREE AND HARMLESS FROM ALL SUITS, CLAIMS, DEMANDS, ACTIONS, COSTS, AND OTHER LIABILITIES AND EXPENSES (INCLUDING LEGAL FEES) AND INCLUDING, WITHOUT LIMITATION, LOSSES RESULTING FROM INFRINGEMENT OF PATENTS, TRADEMARKS, OR COPYRIGHTS ARISING OUT OF THE PRODUCTION, DISTRIBUTION OR EXHIBITION OF ANY FILMS, TAPES OR DIGITAL MEDIA IN CONNECTION WITH WHICH SCANLAB/CINEGRAPH WILL HAVE PROVIDED ANY SERVICES.
7) Every effort will be taken for the safe care of customer’s films, negatives, and any other materials. In the event of loss or damage of any materials our liability will be limited to the replacement of a similar amount and type of unused materials. It is understood and agreed that Customer’s materials are transported, received, processed, used and stored at Customer’s risk and ScanLab/Cinegraph will not be liable for any lost profits or other damages whatsoever caused by loss, damage, or destruction of any materials belonging to Customer (or any other party) while in transit or in possession of ScanLab/Cinegraph. If, provided, however, such loss, damage,or destruction occurs while the materials are in the possession of ScanLab/Cinegraph (but not in transit) and if such loss, damage or destruction is caused solely by the negligence of ScanLab/Cinegraph, SCANLAB/CINEGRAPH’S LIABILITY IN SUCH INSTANCE WILL IN ANY EVENT BE LIMITED TO REPLACEMENTOF A SIMILAR QUANTITY OF HARD DRIVE STORAGE OR RECORDABLE MEDIA IN THE QUALITY OF MATERIAL LOST, DAMAGED, OR DESTROYED. SCANLAB/CINEGRAPHSHALL IN NO EVENT INSURE ANY OF CUSTOMER’S MATERIALS WHILE IN THE POSSESSION OF SCANLAB/CINEGRAPH OR IN TRANSIT. If storage media materials furnished by Scan-Lab/Cinegraph is found to be defective in manufacture, ScanLab/Cinegraph will replace such media materials with similar quantity and quality of media materials provided Customer has notified ScanLab/Cinegraph in writing of such defect within fourteen (14) days after return (or shipment) to Customer of materials containing such defective storage/transfer media and only after return by Customer to and review by ScanLab/Cinegraph thereof. Except for such replacement ScanLab/Cinegraph will have no further liability. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SCANLAB/CINEGRAPH BE LIABLE TO ANYONE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER; (1) RESULTING FROM ANY DEFECTIVE MATERIALS, PRODUCTS OR EQUIPMENT DELIVERED, PRODUCED OR PROVIDED BY SCANLAB/CINEGRAPH; (2) RESULTING FROM DAMAGE TO OR DESTRUCTION OF MATERIALS BY SCANLAB/CINEGRAPH; OR (3) RESULTING FROM ANY NEGLIGENCE OR BREACH OF DUTY (CONTRACTUAL OR OTHERWISE) BY SCANLAB/CINEGRAPHINCLUDING WITHOUT LIMITATION, IMPROPER STORAGE, PROCESSING, PACKING, DELAYS IN DELIVERY OR SHIPMENT OR ERRORS IN LABELING.
8) SCANLAB/CINEGRAPH shall have a lien on all films, original artother property delivered by Customer to SCANLAB/CINEGRAPH and/or made by SCANLAB/CINEGRAPH there from for the balance of any account due SCANLAB/CINEGRAPH by the Customer.
9) SCANLAB/CINEGRAPH has the right to refuse to work with materials which it considers, at its own discretion, misleading, indecent, defamatory, unlawful or just plain unacceptable.
10) All notices required to be given under the terms of this order will be deemed to be properly given if made in writing via Fax or in the text of an Email, three (3) days after such dispatch. These terms and conditions shall be governed by the laws of the Province of British Columbia.
Customer in no way assign its rights under this agreement without the express written consent of SCANLAB/CINEGRAPH. ScanLab Graphics and Cinegraph.ca Terms Of Service