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General Business Conditions
|These conditions regulate business relations between FilmFix.ch - Hobi, Industriestrasse 7, CH-8880 Walenstadt, Switzerland, later named FilmFix and the customer. It is possible to add to these conditions if the customer first adds notes to the field “Use for additional instructions”, and then if FilmFix approves of them. Additions and changes may lead to higher prices.
The Order is binding once FilmFix receives both the material that needs transferring, and the signed copy of the order form. With the binding signature on your order form, you confirm that you are at least 18 years of age and the lawful owner of the film/video material.
The prices are binding with your order. Final film transfer costs will be calculated based on the actual running-time of your order – not the price quoted in the Quick Estimate or Detailed Estimate. Additional costs such as: fixing torn splices, adding missing leaders, handling of overfilled reels, cleaning films (when ordered) and shipping/handling fees will be added to the transfer cost. Prices are subject to change without notice.
Our current prices are
FilmFix delivers worldwide. We add VAT taxes only on Swiss orders; note that, your country may add taxes to your order.
Customer pays all shipping charges.
Please see “Order process”.
Damages and losses
Great care and precautions are taken during each stage of all orders. FilmFix cannot be held liable for any damages or losses that may occur during the film/video transfer process. FilmFix also cannot be held liable during the delivery or storage of the film.
Non-Guarantee of material used
FilmFix cannot guarantee any shelf life or lifespan of the data carriers (DVD/MiniDV/VHS). FilmFix cannot be held liable for their choice of data carrier products sold to the client.
All orders are subject to Swiss Laws. If a legal matter should arise, legal proceedings will take place in the jurisdiction of Walenstadt, Switzerland.
FilmFix remains the owner of all delivered goods until all charges due have been paid. FilmFix expects full payment within 15 days of delivery of goods (Payment terms: Net 15 days). FilmFix will bill client for the total in the currency selected at the time of order. Bank expenses on money transfers are the full responsiblity of the customer.
Customer’s data is protected with the highest of standards. Customer’s data will not be transmitted to third parties, and full privacy of data is respected. Web pages are transmitted encoded wherever necessary or appropriate. Unfortunately, not all personal data which is sent via E-mail can be protected/encoded. FilmFix reserves the right to give personal data to third parties only in the event that customer deceives or attempts to deceive FilmFix through incorrect statements or by committing a breach of this contract.
The DVD dubs are produced in the standard PAL format "DVD 4,7GB - For General Use" (DVD-R or DVD+R). FilmFix cannot guarantee that the DVDs produced will be compatible for playback on the customer’s DVD player. Some older DVD players have compatibility issues. Therefore, the customer orders DVDs at their own risk.
Deviations in picture and sound
Insignificant deviations in picture and sound is a possibility during the transfer process.
FilmFix will strive to execute orders based on the customer’s wishes. On occasion, customer’s requests cannot be fulfilled due to the unpredictable running times of customer’s films in relation to how much can fit onto a particular DVD, MiniDV or VHS stock. This can create the need for use of additional stock. Furthermore, on rare occasion FilmFix will need to split what is on one film reel onto two separate stocks (DVD, MiniDV or VHS.)
Refusal rights of FilmFix
FilmFix reserves the right to refuse the transfer of any orders which it may find offensive. Films which contain violent or abusive situations, are overtly sexually explicit in nature, or contain any obvious socially unacceptable behavior will be considered offensive.
FilmFix also reserves the right to refuse to do business with any customer it so chooses.
Liability and Copyright Laws
The client is the owner and/or has full responsibility and liability for the content of his/her film or video material. It is also the responsibility of the client to secure all rights with respect to copyright laws. FilmFix is therefore free of all liability from any third party if a third party has a legal issue, whatsoever, with any of the content transferred.
FilmFix cannot be held liable if a particular “estimated delivery date” is not met. While the “estimated delivery date” is treated with our utmost respect, it is not a guarantee that an order will be completed by that date.
No discount will be granted for minor time lapses during the execution of any order.
FilmFix can only be held accountable for a problem if it is clearly proven that FilmFix intentionally mishandled material or was grossly negligent in some manner. FilmFix is only liable for minor negligence if an incident is in violation of an agreement in this contract.
FilmFix can only be held liable for direct damages. FilmFix cannot be held liable, in any way, for loss or damage of a customer’s material, images or sound content. It will only be held liable for the replacement of the stock value for any lost or damaged material.
In this case, the liability is limited based on the order placed and FilmFix will only be held liable for the value of the placed order. FilmFix cannot be held liable for damages in the event of a natural disaster or higher force, (fire, flood, earthquake, war, etc.)
FilmFix cannot be held liable for any mistake which may occur due to a telephone conversation. An oral agreement made by phone or in person must be in writing in order for it to be considered valid.
If a portion of an order contains any faulty transfers, a client is not required to pay for that but must still pay for the remaining acceptable transfers. Claims of obvious mistakes must be made in writing and within 14 days of receipt of transferred goods, otherwise the complaint may not be considered.
If a clause is considered legally invalid or inadmissible, the remaining clauses of the agreement still retain full validity. The invalid clause will be replaced by a new clause which best fits the meaning of the original clause.
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