Norsk:
Forsikring dekker tyveri og skader oppstått under transport og bruk innen Norden.
Leietakerer forutsettes å tegne egen ansvarsforsikring som produsent samt plikter å betale egenandel på skader som oppstår i leieperioden med kr 8 000 pr skadetilfelle for utstyr med verdi opp til kr 100.000 og kr 18 000 for kraner og Russian Arm. Moviebird AS påtar seg intet ansvar for personskader eller skader på andres eiendom som oppstår under produksjonen ved bruk av utstyret som leies ut. Ved leie aksepteres også forsikringbetingelsene.
English
General terms and rental conditions
Insurance covers theft and damage sustained during transport and use within the Nordic region.
The Production Company are assumed to take out their own liability insurance as a producer and are obliged to pay deductibles for damages incurred during the rental period with NOK 8,000 per claim for equipment with value up to NOK 100,000 and NOK 18,000 for cranes and the Russian Arm. Moviebird AS assumes no responsibility for personal injury or damage to other people’s property that occurs during production using the equipment rented out. When renting, the insurance terms are also accepted.
Applicability
1. These general terms and conditions apply to all legal relationships between Moviebird AS or by any other natural or legal people or companies authorized by Moviebird AS that uses these terms and conditions (hereinafter Moviebird AS) and its Clients, or between Moviebird AS and other natural or legal persons, including third parties within the meaning of Article 3.1 below, with whom Moviebird AS enters into an agreement.
2. The legal relationships referred to in Article 1.1. are understood to mean, among other things, all proposals, commitments (both contractual and prescribed by law, including commitments arising from contracts for professional services), additional contracts and subsequent contracts and any communications (written, electronic and oral).
3. A contract is hereafter understood to mean, among other things, any other legal relationship under an agreement as referred to in Article 1.2 of these general terms and conditions.
4. Applicability of the general terms and conditions or other terms or conditions of a client and/or any other contracting party of Moviebird AS as defined in Article 1.1, is explicitly rejected.
Conclusion of agreements
1. An agreement between Moviebird AS and a Client arises when a client commissions work and Moviebird AS accepts it. Assignments are accepted and executed by Moviebird AS unless there are explicit and written agreements between the parties. All Moviebird AS ’s assignments will be accepted and executed for the Client only. No other party except the Client can derive any rights from the assignment and its implementation.
2. Moviebird AS ’s quotes and (assignment) contracts are based on information provided by the Client. The Client guarantees that he has provided in good faith all vital information for the design and execution of the assignment. Moviebird AS will perform the commissioned work to the best of its ability and in accordance with the requirements of good workmanship. This requirement has the nature of a commitment.
Third parties
1. Moviebird AS is free in the performance of its assignments for Clients to hire third parties, including, but not limited to Independent Entrepreneurs as defined in Article four of these terms and conditions, or other natural people (such as third party employees hired by Moviebird AS ), legal entities or other third parties (hereinafter referred to as Third Parties), and/or to involve them in the carrying out of its activities in connection with an assignment for its Clients.
2. The Client has the obligation and ultimate responsibility to ensure that the third parties hired, should at all times work in a safe working environment satisfying the legal health and safety regulations. The Client will ensure that this always remains the case, and that the necessary (safety) regulations will be provided to the engaged third parties, and will (continue) to take all reasonable measures to make sure that the third parties engaged should not be exposed to a higher degree of risk and/or sustain damage during the performance of work.
3. Moviebird AS will not be liable to the Client and/or Third Parties for damage sustained by the Third Parties in the course of their activities or for damage caused by them in connection with the agreed work, whether or not because of the use of the equipment as defined in Article 5.1 of these terms and conditions, including but not limited to damage as a result of (i) death of Third Parties, (ii) (injury) damage to Third Parties, (iii) damage caused by Third Parties to the employees of the Client and/or other persons employed at the Client’s site, and (iv) damage caused by Third Parties to company property and/or other movable assets and property and/or registered property of the Client, its employees and/or other third parties, except if such damage is the result of wilful misconduct or recklessness on the part of Moviebird AS . The Client indemnifies Moviebird AS for all the claims from Third Parties in this respect.
4. The Clients shall always arrange an adequate insurance so any damage as referred to in Article 3.3. will be adequately insured, provided that such an insurance should have a minimum coverage of € 1,500,000 per claim.
Freelancers
1. All freelancers hired by Moviebird AS and/or legal people and/or other hired entities (hereinafter Independent Entrepreneurs) perform their work for Moviebird AS under a contract for professional services with Moviebird AS.
2. The Independent Entrepreneurs – insofar as they are subject to the Norwegian tax regime – are at all times obliged to provide Moviebird AS with a valid Declaration of Independent Contractor Status and will provide Moviebird AS with a copy thereof prior to the commencement of work. Failure to provide and/or not being in possession of a valid Declaration of Independent Contractor Status at Moviebird AS ’s first request entitles Moviebird AS to immediately terminate the contract with the Independent Contractor without any financial compensation from Moviebird AS .
3. The Independent Entrepreneurs indemnify Moviebird AS against all Third Party claims, in particular by the tax authorities and the Labour Inspectorate, related to having (had) an employment contract between Moviebird AS and the relevant Independent Entrepreneur, or the termination thereof, including, but not limited to claims in connection with failure to pay or an insufficient payment of social security contributions, income tax, (health and safety sound) design of the work environment, unless such damage is the result of willful misconduct or gross negligence on the part of Moviebird AS . This disclaimer applies equally to claims of Norwegian or foreign authorities, governments or third parties.
Equipment
1. If Moviebird AS rents out to its Client(s) movable assets, including, but not limited to a Russian Arm with accessories and/or Flight Heads (hereinafter the Equipment), whether or not through a Third Party, or otherwise makes it available (whether or not against payment), the risk of using this Equipment always passes to the Client from the moment Moviebird AS makes the Equipment available to the Client.
2. The Equipment is considered to have been made available in the meaning of Article 5.1 from the moment it is moved from its location.
3. The Client accepts the (transport) costs, including for the delivery and return of the Equipment, and the related risks, unless otherwise agreed. The Client should always inspect the supplied Equipment upon delivery for any defects.
4. The Client can only use the Equipment (excluding any Third Parties) in and for its own company at the agreed location/place, in accordance with the agreed purposes and period. The Equipment is and remains at all times the property of Moviebird AS , or (where appropriate) of its suppliers. The right of use of the Equipment is not transferable and can never lead to ownership, or any derived security right thereof by the Client, or any other Third Party. The Client is not allowed to sublease the equipment to a Third Party or provide it for any other form of use.
5. The Client will at all times handle the Equipment with proper care, use it carefully and always keep it supervised (i.e. not leaving it unattended) and must at all times ensure that the equipment when not in use should be stored in a secure and locked area.
6. The Client declares that the Equipment will only be used for contract-related work by people working in its company, or self-employed people with whom the Client has signed a contract, who have proven knowledge and experience (and relevant expertise) of operating the Equipment, in particular the Russian Arm.
7. The Client must return the Equipment in good condition to Moviebird AS upon completion of the relevant assignment or at the first request by Moviebird AS . The transport costs are at all times borne by the Client, unless otherwise agreed, see also Article 5.3 above.
8. The Client will take effective and timely action to prevent damage to the Equipment. The Client will immediately inform Moviebird AS of any damage to the Equipment. The Client is liable for all damage to the Equipment (also in case of force major, storms, etc.), including but not limited to damage sustained during its use (including assembly, installation and dismantling), and for the loss and/or theft thereof, unless such damage is deliberate or a result of conscious recklessness on the part of Moviebird AS .
9. The Client indemnifies Moviebird AS for all claims by Third Parties relating to the use of the Equipment, including claims for death or injury, loss of revenue, unless such damage is deliberate or a result of conscious recklessness on the part of Moviebird AS .
10. The Clients should always arrange adequate insurance so that any damage to the Equipment, or loss and/or theft thereof, should be sufficiently covered.
11. The Client must always ensure that Moviebird AS is named on the insurance policy to be taken out by the Client, as stated in paragraph 10. The Client will provide Moviebird AS at the first request with a copy of the policy conditions, confirming that this is the case, accompanied by proof that the (relevant) equipment is insured.
Fees and costs of the assignment
1. Unless otherwise agreed in writing or digitally, Moviebird AS will carry out its work on an hourly basis at an agreed hourly rate, with a minimum of 10 hours. If no rate has been agreed, then the last rate used by the parties applies, or, in the absence thereof, the standard market rate. Any travel time is charged at the above hourly rate. Any additional costs related to the assignment in question, such as travel and accommodation costs, are not included in the hourly rate. Moviebird AS is entitled to charge these additional costs to the Client. Moviebird AS may carry out the assignment in stages and invoice the work done separately. Moviebird AS may request an advance from the Client. Both fees and costs can be settled by advance payment.
2. Because of the demand for the Equipment, the Russian Arm and Flight Heads in particular, Moviebird AS may charge the rental fee of the Equipment for the hours (expressed in hours, days or otherwise) already agreed with the Client, if the Client cancels the relevant assignment for its own reasons, to a minimum of 24 hours.
3. Moviebird AS reserves the right to raise its rates if Moviebird AS ’s costs increase due to circumstances beyond its control, including but not limited to an increase in costs of Third Parties hired by Moviebird AS , fuel and energy prices.
Payment terms
1. Unless otherwise agreed in writing, Moviebird AS ’s invoices must be paid in full within 10 days of the invoice date. After the expiry of this term, the Client will be in default. In that case the Clien also owes Moviebird AS all extrajudicial costs, including but not limited to all (lawyer’s) costs and/or bailiff fees in connection with the judicial recovery of overdue claims (or portions thereof).
2. Moviebird AS may suspend its work at any time if the Client fails to comply with one or more provisions of these general terms and conditions or if it is reasonably foreseeable that the Client will not comply. If, in the Client’s view, Moviebird AS has failed to properly perform its work, the Client has to inform Moviebird AS in writing stating the reasons within 14 days of the date.
3. When the Client discovered this defect or can reasonably be deemed to have discovered it, in the absence of which the Client can no longer make any claims regarding the alleged defect.
Change of scope of assignment, or additional work
1. The Client accepts that the timing of the assignment may be affected if the parties agree to change the approach, method or scope of the assignment and/or expand the resulting work. If the interim change affects the agreed fee or expense reimbursements, Moviebird AS will inform the Client as soon as possible after becoming aware thereof. In case of an interim change to the assignment or execution of the assignment caused by the Client’s actions, Moviebird AS will make the necessary adjustments if the quality of the service requires this. If an adjustment results in additional work, the associated costs are borne by the Client. If circumstances lead to a longer (rental) period and/or assignment than the initial period agreed between the parties and the associated (hourly) rate, Moviebird AS may charge additional (rental) fees, which the Client will then owe to Moviebird AS in proportion to the earlier agreed price.
Duration and completion of the assignment
1. The duration of the assignment can, apart from the efforts of Moviebird AS , be affected by many factors, such as the quality of the information Moviebird AS receives and the cooperation granted by the Client. Moviebird AS is not liable for any (longer) turnaround time for carrying out the assignment. The assignment is completed when the final invoice has been paid by the Client.
Liability
1. Notwithstanding the matters provided for in Article 3.3. and Article 5.8. Moviebird AS will not be liable for indirect damage, including but not limited to consequential loss, loss of film production time, loss of revenue and damage to movable assets of the Client and/or other Third Parties (including damage to movable assets and property and/or registered property, on which Moviebird AS ’s Equipment is mounted). The Client indemnifies Moviebird AS against all claims from Third Parties arising from or in connection with an instruction given by the Client to Moviebird AS .
2. Any liability of Moviebird AS is limited to the amount covered by Moviebird AS ’s insurance in such a case. If this does not provide any cover and/or no amount is paid, the damage is limited to the agreed fee (without costs and VAT) paid for the last completed assignment. If Moviebird AS ’s insurance does not provide cover and/or no payment is made and if nothing has been invoiced yet by Moviebird AS , any liability of Moviebird AS is limited to an amount of € 10,000 (ten thousand euros) per event.
3. Each Client must take all reasonable measures to limit the damage for which Moviebird AS is liable. The Client is obliged to adequately insure (“all risk”) the activities he performs or will perform (including insuring any Equipment made available to him and the Third Parties as mentioned above) and that are related to the assignment granted to Moviebird AS . Moviebird AS is not liable for damages that (i) are not covered by an insurance, while this would have been the case if the Client had adequately insured itself, and (ii) has occurred or become worse because the Client has not observed his damage limitation obligation, as intended in this Article.
4. Moviebird AS must be notified in writing of its liability by a Client or a Third Party within seven days of it becoming known to the party holding Moviebird AS liable, so that Moviebird AS can inform its insurer and, where necessary, investigate the circumstances of the facts on which the liability claim is based. The potential adverse consequences or additional costs of failure to comply with this period (such as damage because of the inability to take protective measures and/or the collection of evidence concerning the actual events) will be borne by the party holding Moviebird AS liable. If a liability claim has not been communicated to Moviebird AS within a period not exceeding two months after the damage became known, any potential liability of Moviebird AS will lapse because the liability claim has not been communicated within the reasonable period of time as referred to in Article 6:89 CC.
Waiver of rights
1. The Client hereby waives it has right to settlement or deferment. The Client also waives his right to have prejudgment attachment levied on (i) Moviebird AS or (ii) on itself.
Versions and language of general terms and conditions
1. The most recently communicated version of these general terms and conditions will always apply, unless the Client has objected to the application of one or more of the provisions in these terms and conditions, or any amendment thereof, within two weeks of receipt.
2. In case of dispute about the interpretation of these general terms and conditions, the Norwegian text shall prevail.
Applicable law and choice of court
1. These general terms and conditions and all obligations (both contractual and resulting from the law) that arise out of or are related to these general terms and conditions are subject to Norwegian law only.
