Terms and Conditions of Business
- PRICES: Prices to be charged for all facilities and services shall be in accordance with the standard price list of Soundesign (SDN) in effect on the date of this agreement, unless other arrangements are made in writing. Client shall, in addition, pay all applicable sales, use, excise, or other similar taxes or government charges.
- BILLABLE TIME: All facilities are services are billed by SDN in quarter-hour increments, with a minimum of one hour for all studio charges, and a minimum of one half hour for all other facilities and services. A set-up time of one quarter hour is billable for each session. Standby time is billable. Time estimates or estimated budgets by any SDN staff are provided as a courtesy only and are not bids or guarantees of time billable. Billable time is defined as the actual time from the start to the end of the session minus meal breaks or downtime for equipment failure.
- SDN BILLS AND LIEN: Bills rendered by SDN are payable on receipt unless other arrangements are made in advance. Any discounts (or no charge items) are subject to withdrawal on invoices not paid within 30 days from date of invoice. A late penalty of 1.5% per month may be added to any invoice not paid within thirty days of the date of the invoice. SDN shall have a lien on all tapes and other property delivered by Customer to SDN and on all tapes made therefrom, for the balance of the account due to SDN. SDN shall not be required to surrender any tapes in its possession until all bills have been paid in full. Any claims for adjustment to bills must be made to SDN in writing within 10 days from date of invoice.
- CANCELLATION: Facilities or services scheduled at Customer?s request but not used may be billed at half of the full rate, unless SDN receives notice of cancellation at least forty-eight hours in advance.
- LIABILITY FOR INFRINGEMENTS: Customer shall indemnify and hold SDN free and harmless from all suits, claims, demands and other liability and expenses (including attorney?s fees) arising out of the production, distribution, or exhibition of any films or tapes in connection with which SDN shall have furnished any goods or services.
- PENALTIES: All penalties and labor overtime charges incurred as a result of client needs are billable.
- NON-WARRANTY AND LIMITATION BY SDN: Customer?s tapes are received, processed, and stored by SDN solely at customer?s risk and SDN shall not be liable or responsible for loss or destruction of tapes or any other property, nor shall SDN be responsible for the suitability of said tapes for another?s use. SDN shall not be liable for loss of any kind whatsoever due to delays or failures in performance caused directly or indirectly by acts of God, the elements, strikes, lockouts, fire, failure of transportation, agencies public enemy, inability to obtain or the failure of others to deliver or the delay of others in delivering raw stock or other necessary material, machinery or equipment, inability to obtain qualified personnel or any other cause, whether such other cause be of the same of of dissimilar kind or character.