General conditions

IMPORTANT NOTICE : We will charge 20€ administrative costs for any invoice lower than 50€

Article 1
These general conditions can be applied to any renting contract of our equipment.
The acceptance of goods of our equipment in our warehouses and/or in any other place where they can be found and/or the need of our company to intervene where the film is shot involves the acceptance of the present conditions and of the particular conditions fixed during the order.
Our intermediaries, agents, engineers do not have any power to engage our company; we must confirm their potential offer. We always have the right to cancel an order for which we would not have given such a confirmation.
The client refuses to apply his own general conditions on purpose during the contractual agreements with our company.

Article 2
The rent period of our equipment starts with the acceptance of goods and ends when it is given back to our company.
A daily rent lasts 24 hours and starts at 9 A.M.
A weekly rent lasts seven successive days, from the moment the client takes the equipment. One extra day will cost a fifth of a week. Any delay of three hours or more will be considered as an extra day. The rent ends only when the client gives back the equipment, and it must be given back in state of use. The period of repair of equipment deteriorated by the client and/or his attendants and/or his subcontractors will prolong the rent period that will be invoiced.
The momentary interruption of a shooting for any reason does not put an end to the rent nor to the engagements of the client towards our company. Any cancelling of an order 48 hours before the client has to take the equipment or at the beginning of our work where the film is shot, will be invoiced at 50% of the total rent cost.

Article 3
The equipment is taken in our warehouses by the client’s attendants and/or subcontractors and he guarantees that they are competent enough for the acceptance of goods, to use it and give it back. Take the equipment involves that the client has checked its good state of use before he leaves our warehouses.
Therefore, our company denies any responsibility in case of incident, delay or immobilisation, because the client forgot, made a mistake or failed to check the equipment.
In case of an incident caused by a latent defect, our guarantee will be limited to the replacement of deteriorated equipment and can not imply direct or indirect damages. Our company does not assume any responsibility in case of operation failure, delays, total or partial loss happening during the shooting and that may cause a failure of take so that you would have to restart one work.

Article 4
The client will never be allowed to sublet our equipment; he gets engaged to use it as a reasonably prudent person, with a skilled staff. He will be attentive to keep it in stock carefully and in cleanliness, the equipment being beyond access and impossible to catch.
If the lessor’s equipment gets seized when the client is in possession of it, he will warn our company about it by telefax in the 24 hours after it happens.

Article 5
Concerning the use of the equipment, the client has to comply with all the laws en rules that are applicable in this case. Any fine or penalty, whatever its kind and its name, owed as a result of a breach of any law or rule, are in charge of the client. The client will also answer for all the harmful consequences of a seizure or other measure due to his act.

Article 6
6.1 As the client is always responsible for the restitution of the equipment in good state, like when he got it, he has to get insured as foreseen in article 6.3 or to get insured by his own initiative, or to indemnify the lessor for any loss or damage.
When the equipment is unavailable for a moment for repairing or any other reason as a result of a rent, the days of unavailability will be charged at the rate of the rent. In case of total loss, the number of days necessary to get the equipment of replacement will be charged at the same rate.

6.2 The vehicles are insured for general liability by our company. In case of damage, a not repurchasable allowance of 500€ will be charged even if the vehicle has not be damaged.
If the vehicle has been damaged by the fault of the client, the allowance will be of 3.000€.
The client is allways responsable for the maximum weight capacity of the vehicle

6.3 When the lessor intervenes, the client can insure the total value of the rented equipment by paying a insurance allowance of 7% of the renting amount.
The following exceptions stay payable by the client:
- The indirect loss or damages due to or in extension of a loss or of a direct physical damage at the insured equipment.
- The loss, damages or deteriorations intentionally caused or due to a fraudulent, dishonest or criminal act.
- The loss, damages or deteriorations due to a theft in an unoccupied vehicle.
- The loss, damages or deteriorations caused by the airport, customs or Post authorities, when these authorities make control operations.
- The legal or illegal seizure, confiscation or abandonment by a third.
- Special risks: competition, unranked or dangerous works… In that case, the client will not be allowed to use the equipment without warning our company which will establish an amendment at the basic police and the amount of the subsidy will be paid by the client. These expulsions will be charged to the client only.

6.4 In case of damage the client will state it accurately to our company, explaining the facts in full details, in the 24 hours after it has happened. He will do it by telefax, mail express or by a conveyor express agreed by us. In case of stealing, the client also has to lodge a complaint at the nearest police station and prove to us that he has done so. No repairing can be done during the shooting without our agreement and the agreement of our insurer or his expert.
The client will do everything to avoid the aggravation of the damage on the equipment or to guarantee its conservation and avoid the aggravation or the realisation of an accident. If he does not manage to do so, he will assume the consequences himself at the full discharge of our company.

6.5 The equipment can be taken out of the vehicle only when it has to be used during the shooting and has to be reload immediately afterwards. Vehicles themselves have to be parked in a locked up garage or in a closed and guarded car park.
6.6 The equipment rented by the client from a third enterprise and that is given to our company for the use of a shooting will immediately be insured and paid by him.

Article 7
For short and feature-length films, the broadcasting copies of the film will be marked “machinery equipment supplied by Key Grip Systems” besides the notes concerning the film, the lab, the sound system or the camera.

Article 8
The failure to pay a bill before its date of maturity, bankruptcy, judicial settlement, any request for amicable or judicial settlement, for putting back payment, even not official, or any other fact that could involve the failure of payment for the client causing the end of the term accorded for the payment of any rented equipment or any duty performed that make the payment immediately become an exigency, give us the right demand the immediate restitution of our equipment and the payment of all the owed amounts, without any other formality.

Article 9
All our bills can be paid in Brussels in the 30 days after the date of the bill, cash and without discount.
Therefore, without express convention:
7.1 In case of delay of payment, an interest of 12% a year owed without injunction, only because of the deadline.
7.2 If there is a failure of complete payment at the date of maturity, the amount owed will be increased in full right of 15% with a minimum of 125 euro, without prior formal notice.

Article 10
Exclusive attribution of competence. In case of contest, for any cause, the only jurisdiction that is recognized and accepted by both parts is the one of the tribunals of the judicial district of Brussels. If there is a litigation of the competence of the district court, that litigation will be settled in the district court of Brussels canton. The Belgian law can be applied.

Article 11
The nullity of one of the clauses above does not cause the nullity of the other clauses of these general conditions.

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