Terms and Conditions Cinemarket Films
1. This agreement is between Cinemarket Films S.A.S., with its main business site in Bogotá D.C. With address Carrera 25 # 49 – 18, identified with NIT: 900-480.314-0 and the person who is renting equipment. It will be effective immediately upon delivery of the equipment and signed this document.
2. GENERAL INSTRUCTIONS: The lessee understands that the terms and conditions established in this agreement will apply for each equipment rental by Cinemarket Films S.A.S. Either through the Website or the reservation service via telephone, it is clear that it is as if they are contained in a separate agreement signed by you for each case of the rent and the means by which it is requested. The lessee agrees and understands that his obligations under this agreement are personal and non-transferable. The terms of this agreement are governed by the corresponding laws of the Colombian State. The lessee understands that it is a single loan for mutual benefit.
3. TERMS AND CONDITIONS: The lessee agrees that Cinemarket Films S.A.S. You have the right to change these Terms and Conditions from time to time, either by written notice, on paper or by electronic format, or as part of the publications of such modifications on the Cinemarket Films SAS website. Terms and Conditions will be posted as they are produced on the Cinemarket Films SAS website: Terms and Conditions.
4. REPRESENTATION: The tenant declares that all the information provided in the registration profile is true, accurate and complete. If any such information is not true, accurate or complete in any respect, the lessee shall remain liable for all amounts owed to Cinemarket Films S.A.S., as well as any damages caused to Cinemarket Films S.A.S. Resulting from misrepresented profile information.
5. AUTHORIZED AGENT: If the lessee includes an authorized dealer (Agent) for the respective rent profile, the lessee agrees that the agent authorized by him, will be the representative of the lessee in all the rights of signature and On behalf of the lessee. These rights include, but are not limited to: collection and return of the goods, signing rental contracts, signing collection documents, and making payments to the lessee. The lessee understands and accepts that all commitments to and between Cinemarket Films S.A.S. Are described in the Contract Terms and Conditions to be signed, as well as in individual rental agreements, will apply to all rental activities performed by an authorized agent in such a way as if the rental process were directly executed by The tenant. Thus, the lessee understands that, without any exception, all charges, whether for rent, loss or damages, fees or final return fees incurred by the corresponding authorized agent, shall be the direct responsibility of the lessee as completely as If such charges were incurred directly by the same lessee. Notwithstanding the foregoing, the authorized agent will not have access to change the user profile or information provided in the initial registration.
6. DEADLINE: The term of this rental agreement begins on the “Start Date” shown in this same format and continues until the equipment is returned in good condition to Cinemarket Films S.A.S. The lessee agrees to pay the daily rental rate for each day until all items are returned in good condition and satisfactory to Cinemarket Films S.A.S. Items returned are considered when they are received and accepted by Cinemarket Films S.A.S. In the main facilities.
7. DELAY: If the lessee can not return the equipment on the estimated date or day specified, Cinemarket Films S.A.S. To be advised on the change. Charges for rental fees will continue to accrue until it is returned and accepted by Cinemarket Films S.A.S.
8. RENTAL FEES: The general charge and for each piece is the amount that is recorded in the equipment rental order form and that is previously approved by Cinemarket Films S.A.S. And the lessee respectively. Cinemarket Films S.A.S. You will be entitled to immediate payment of all rental charges at the end of the contract. The leased material must be returned on the date specified on the label delivered at the time of removal of Cinemarket Films S.A.S. For their corresponding use. The equipment that is delivered after this date will be charged by Cinemarket Films S.A.S. As a full day rental fee and will be charged from there as an additional day until it is returned. If the equipment is returned in an improper or non-working condition, the rental period will be extended for the shortest reasonable time needed to repair the damage or replace the damaged equipment. The lessee will be responsible for all expenses incurred in repairing or replacing any damaged equipment.
9. SECURITY: Cinemarket Films S.A.S. May at any time request the lessee the corresponding data of a credit card to guarantee the money owed and the lessee agrees to allow Cinemarket Films S.A.S. Request for security, the carrying of this credit card at any time that Cinemarket Films S.A.S. Consider it necessary.
10. INSPECTION: The lessee or his agent (respectively the case) and Cinemarket Films S.A.S. They agree that the necessary inspection of the equipment to be delivered will be made on the day of delivery and will be made by Cinemarket Films S.A.S. In the presence of the lessee or its authorized agent. Cinemarket Films S.A.S. Is in a position to carry out the necessary tests of the equipment in the installations for the absolute verification of the functionality before the definitive taking of the products. At the time of signing the delivery order Cinemarket Films S.A.S. And the lessee waive any claim rights or claims and it is expressly accepted that all items listed on the form have been accepted under satisfactory conditions.
11. DELIVERY: At the expiration or early termination of the rental period for any equipment, the customer or lessee is responsible for the corresponding return and in the same condition (reasonable wear and tear excepted). Upon return, each team will be inspected by Cinemarket Films S.A.S. And registered in the system. In the event that any equipment or item is damaged or lost from the rental order, the tenant will be notified as soon as possible. A final e-mail will be sent by Cinemarket Films S.A.S. To the lessee confirming the return of the goods and indicating the completion of the rent and the contract.
12. DAMAGES: By the equipment contract and the terms and conditions written, the lessee assumes and will take care of all the damages existing before any equipment and whatever the cause. In case of no damage of the merchandise or any part of the equipment, the obligation under this lease contract is released and would continue in full force and effect. In case of any loss or damage of different natures to any element of the equipment, the lessee must return them in good condition, the respective repair and / or total change of the equipment to which Cinemarket Films S.A.S. In its sole discretion, consider acceptable. If the equipment or item of equipment is considered lost, stolen, destroyed or damaged and without possibility of repair, the lessee agrees that as an obligation, he must pay Cinemarket Films S.A.S. The total value of the replacement thereof as appropriate.
13. SHIPPING: Cinemarket Films S.A.S. It does not allow to send the equipment rented by means of transport companies, the delivery should always be done in person by a customer manager.
14. RETURN: It is the obligation of the tenant to carry out all the necessary process for the return of all the equipment and everything related to transportation and its cost goes at the tenant’s risk and expense.
15. EXTERNAL USE: The lessee will not be able to remove the equipment to any foreign country without the prior written consent of Cinemarket Films SAS. If this consent is granted, the lessee must have all the insurance and adequate coverage for the security of the teams.
16. INSURANCE: In case of being previously acquired the insurance and make part of the quotation accepted by the client. This insurance only covers in case of robbery with or without violence, does not include damages or partial losses of equipment. – The insurance charge will be 10% on the equipment rent. The insurance provided by Cinemarket Films S.A.S., does not cover freight, vehicles, broken, cast or scratched lights.
17. INSURANCE DEDUCTIBLE: The deductible will be covered by the customer, because the equipment is in his custody. In case of theft, loss or major damages, the client will be obliged to make a complaint to the National Police, describing in a letter the facts, this is indispensable for the claim to the insurer to proceed, if the documents are not presented, the company Applicant will be required to cover costs for loss of equipment or material. When the loss is less than or equal to COP $ 2,500,000 a deductible of COP $ 800,000 will be charged. If the loss is greater than COP $ 2,500,000 and up to COP $ 14,000,000.00, the minimum deductible of COP $ 2,500,000 is charged. If the loss exceeds COP $ 14,000,000 will be charged 15% of the total value of the damage. The deductible is not cumulative, it is charged per event.
18. INSURANCE COLLECTION REQUIREMENTS: Letterhead letter explaining how the accident occurred. Report of damages of Cinemarket Films S.A.S signed by the manager and production. The production letter when the equipment was requested. Production report of the day of the incident (if any). In case of loss due to theft, a complaint must be filed with the Colombian National Police.
19. LIABLE FOR WARRANTIES: Cinemarket Films S.A.S. Is solely responsible for the condition of the equipment, its commercialization or suitability for a particular purpose, however, it does not include guarantees of liability for any loss of data due to equipment malfunction or otherwise, or loss of Data that is stored in any of the rented devices.
20. RENT ERROR: The renter accepts and understands that all charges are not final and are subject to final review by Cinemarket Films S.A.S. And for a new calculation. The lessee agrees to pay all minor charges and will receive a refund of the money from any excess charges that Cinemarket Films S.A.S. Find out after the review. In the event that it is believed that an excessive or invoiced value has been charged in error, the lessee must notify Cinemarket Films S.A.S. Within 30 days of the closing of the rental. If the lessee does not notify Cinemarket Films S.A.S. Within that period of time, the lessee by this contract, waives its right of any type of claim and therefore that all billed fees are validated without any right to be challenged.
21. COLLECTIONS: All charges, fees, fines and expenses, including payment for loss or damage to the equipment, are due to Cinemarket Films SAS. If the lessee does not pay all charges upon expiration, he agrees to pay a fee for Delay of the highest interest rate allowed by law.
22. INDEMNIFICATION: The lessee agrees to indemnify, defend and hold harmless Cinemarket Films S.A.S. And all employees, owners, officers, directors, members and agents against any claim, action, damage, liability, claim, proceeding, cost and expense, including reasonable attorneys’ fees arising from the use, condition or operation of the equipment for any reason Person during the rental period. Each party undertakes to give prior notice of any claim, action, claim or proceeding. This indemnity will survive the validity of this contract.
23. PROPERTY: The equipment is and will remain under the sole and exclusive property of Cinemarket Films S.A.S. And the lessee shall not be entitled to it, except as expressly provided herein.
24. DATE: The lessee must erase all images, contents or data of the equipment before returning them. If the lessee does not, Cinemarket Films S.A.S. Is authorized to do so without any loss to the lessee. The lessee is solely responsible for storing and safeguarding his images or content before returning the equipment. Cinemarket Films S.A.S. Nor will it be liable for the publication of third parties of confidential material that the client may end up in storing or storing. The material must be unloaded during the rental period, in no case will the tenant be able to keep the means of storage, if it were to be given an extra charge for the rental of these items.
25. FULL AGREEMENT: This agreement, together with the list of documents requested by both parties, constitutes the agreement between Cinemarket Films S.A.S. And the lessee; In this way it will not be modified, altered or changed, except by a written agreement signed by both parties involved.
26. FEES AND EXPENSES: The lessee will reimburse Cinemarket Films S.A.S. All expenses, including reasonable attorneys’ fees incurred by Cinemarket Films S.A.S. In the exercise of any of your rights or remedies to enforce any of the terms, conditions or provisions of this agreement.
27. TERMINATION: This signed agreement, including the terms and conditions constitute the agreement signed between Cinemarket Films S.A.S. And the lessee. Any changes must be in writing and signed by both parties. The person signing or the tenant, represents and certifies that he or she is authorized to do so.