TERMS AND CONDITIONS OF LOCALI
1- CONDITIONS OF VALIDITY – INTERPRETATION OF AGREEMENTS – ACCEPTANCE:
The companies producing sound recordings and more generally the private or legal persons entrusting work to LOCALI are referred to as: “The Customer”. Files by e-mail or ftp, DVDs and CDs of all kinds, and in a non-limitative manner, any audiovisual or computer support, blank or recorded, and documents entrusted or deposited by the Customer, are referred to as: “The Elements”. Any conclusion, modification or termination of the general terms and conditions between LOCALI and the Customer must result from a written agreement. Orders received are valid only after express acceptance on our part. Orders placed by telephone will only be considered final upon receipt of a deposit and/or a written confirmation. All orders received cannot be modified or cancelled without the express agreement of the seller. The fact, by the Customer, of entrusting or depositing The Elements, of using premises or equipment made available, of carrying out or having carried out work within the premises of LOCALI and its dependencies or at one of its subcontractors, of purchasing supplies, of purchasing or renting equipment, implies formal acceptance, without exception or restriction, of the present general terms and conditions.
2 – OCCUPANCY OF THE PREMISES – INVOICING:
The Customer declares that it has taken full knowledge of the premises, equipment and materials placed at its disposal, as they exist and behave. The material and equipment are made available to the Customer within the limits of LOCALI’s availability. Overtime hours not provided for in a reservation agreement are subject to the agreement of LOCALI, which reserves the right to organize these overtime hours according to the availability of its schedule. Invoicing begins and ends at the dates and times specified in the reservation. If the allotted time is exceeded, invoicing is continued until the premises, equipment and personnel are completely released. In the case of a sale of equipment, goods remain LOCALI’s property until full payment of the invoices (Law 80-335 of 12.05.80). The applied pricelist, except written agreement between the parties, is the one in force at the time of the performance of the services or sale. Each new pricelist replaces and cancels the previous one. In the case of sale of supplies or material without related services, the delivery note signed by the Customer, its employees or agents, constitutes an order form and unconditional acceptance of the present conditions and current pricelist.
3- RESERVATION OF TITLE :
Locali retains title to the goods designated on this document, until full payment of their price inprincipal and interest. In the event of non-payment of the price on the agreed due date, LOCALI may take back the goods, the sale will be cancelled by rights if the seller deems fit, the down payments made will be retained by the seller in return for the Customer’s enjoyment of the goods. The goods remaining the property of LOCALI until full payment of their price, it is forbidden for the Customer to dispose of them for resale or transformation (Law 80-335 of 12.05.80).
4- LOCALI’s LIABILITY:
In the event of technical defects undoubtedly resulting from a malfunction of the material supplied by LOCALI, the latter shall provide the services necessary to repair the defective part of The Elements during a period of time equal to the initial services, at the best possible conditions of the studio and according to its availability. In all cases, the costs of artistic direction, sound engineer, talents or musicians, needed by this new service, would be charged to the Customer. LOCALI shall not assume any liability for the consequences and results of storage on The Elements as well as on any musical and computer material left by the Customer. The same applies in case of damage or total loss for any reason whatsoever, including but not limited to theft, fire, vandalism, riots, strikes, power outages, acts of war, natural disasters, accidents or damage to property during the course of work and at any location. The Customer shall accordingly take out all insurance policies it deems necessary and waives all recourse against LOCALI. Likewise, the Customer waives also to seek the liability of LOCALI following the consequences, whatever they may be, of bodily accidents on persons having, on the occasion of its relationship with LOCALI, entered the Studio, and it guarantees LOCALI from any complaint from these persons. During all working sessions, LOCALI’s equipment and staff being, for the execution of the work, subject only to the Client’s instructions, no claim would be admitted. The Customer declares that it fully assumes the responsibility and the consequences of the use of the Elements with regard to the Industrial, Literary and Artististic Property Right, and expressly relieves LOCALI of all related liabilities.
5- DEPOSITS OF ELEMENTS – FAILURE TO REMOVE:
– The Elements, whatever the circumstances, are placed under the full responsibility of the Customer or its employees. The same shall apply to deliveries of any kind whatsoever, which may be made directly to LOCALI by the Customer or to the name of the Customer. The e-mail acknowledgement of receipt, the visa affixed by LOCALI on the delivery slips have the sole purpose of attesting of the passage of the deliverymen, and not of the nature of The Elements. LOCALI reserves the right to destroy the Elements left on its premises at the end of a period of six months from the last day of completion of the work.
6-CONDITIONS OF PAYMENT:
All our invoices are payable by a deposit of 30% of the amount including VAT upon order and the remaining balance within 30 days following the date of the execution of the services (article L441-6 of the French Commercial Code) by bank transfer, except in the case of a contract signed between the parties (in this case, the maximum is 45 days at the end of the month or 60 days net from the date of issue of the invoice), except for first contracts or total amounts under €150 excluding tax, the latters being payable in advance without discount.
7-LATE PAYMENT PENALTIES:
Any delay in payment, even partial, will result in penalties at a rate of 3 times the legal interest rate in force with minimum of 40 € (LME law 2008-776 applicable as of 01.01.2009 and decree n°2012-1115 of October 2, 2012).
8-FAILURE TO PERFORM CONVENANTS OF THE AGREEMENT:
In the event of a risk of insolvency, risk whose estimation is the prerogative of LOCALI, LOCALI reserves the right to stop the work in progress and to demand the immediate payment of all sums, whatever they are, remaining to be paid (article 1220 of the Civil Code). Likewise, in the event of a failure to perform, even partially, a covenant of these terms and conditions, or failure to make payment when due, the Customer acknowledges to LOCALI the absolute right to prohibit access to its premises and to immediately cease all services or delivery of supplies (Article 1219 of the Civil Code). By express agreement, the failure to pay an invoice when due, regardless of the method of payment considered, entails the immediate collectibility, by operation of law, of all sums due by the Customer as well as the late payment penalties mentioned in paragraph 7. After a formal notice has remained without effect, LOCALI may take any enforceable or protective measures it deems useful against the Customer for all sums remaining due.
9-RIGHT OF RETENTION:
In the event of partial or total non-payment of an invoice, LOCALI may exercise a right of retention on all The Elements brought by the Customer on which will have been carried out a recording.
10-CANCELLATION OF RESERVATION:
Given the imperative need for planning for LOCALI, the Customer shall pay compensation in the event of late cancellation of the reservation. Any reservation cancelled within : less than one week will be charged at 30% of the value of the order, less than 48 hours will be charged at 50% of the order value, l less than 24 hours will be charged at 100% of the order value. Any reservation for the weekend cancelled on Friday will be charged 100%.
11 – JURISDICTION:
Any dispute concerning the interpretation or execution of the contracts between LOCALI and the Customer will be brought before the jurisdictions of LOCALI’s place of residence.
Handwritten mention “good for acceptance”, date, signature, name, company stamp :