Terms and Conditions of Service

 

Introduction

The following general terms and conditions apply to all contracts, deliveries and other services. The conditions apply irrespective of whether the contract has been concluded in writing or verbally.

Insofar as regulations of the contracting party deviate from or contradict these terms and conditions, they shall not become an integral part of the contract even if they are positively known, unless explicitly agreed between both parties and in writing.

 

Quotation / order placement

Insofar as Bullet Time Cam/Glam Cam, a trademark of Mapp3d Videomapping SL, submits an offer, this shall always be considered non-binding (subject to confirmation).

A contract is concluded when the contracting party commissions Bullet Time Cam and Bullet Time Cam confirms it in writing. The order is binding.

Bullet Time Cam is expressly authorized to rent or sell the object of the offered contract to other parties until the contract is confirmed.

Bullet Time Cam shall be entitled to accept this offer of the contracting party by its own signature or order confirmation within 14 days after receipt of the order. Bullet Time Cam shall be entitled to request all data of the contracting party that allows a credit assessment.

Acceptance shall be subject to the availability of the goods.

Bullet Time Cam shall be entitled to use subcontractors for the full or partial performance of the contract or to commission third parties with the performance of the contract.

Prices

Insofar as no individual offer has been made, the prices valid at the time of the order shall apply in accordance with the respective price quotations.

The prices stated are net final prices, apply plus statutory value added tax exclusively for the items and services specified in the contract and the delivery times and scope described therein. Unless otherwise agreed, transportation will be charged separately.

Glam Cam Photo Booths, may invoice an extra 20% of the invoice amount retrospectively in the event that payments are not made on the agreed dates.

Unless previously agreed between both parties in writing, the default payment method is:
– 50% at the end of the quotation as a reservation.
– 30% prior to shipment and assembly
– 20% upon delivery of the installation ready for use.

Offered Service

The service offered includes the rental of material and personnel for 8-hour days (7 hours + 1 hour lunch).

Outside these hours extra rates will be applied:

– Extra hour: 45 € / hour (90 € / hour Weddings)

If the total overtime exceeds 5 hours, a second full day will be invoiced.

Expiration date

Bullet Time Cam’s demand for payment shall become due in full (advance payment) immediately upon conclusion of the contract. Bullet Time Cam shall have a right of retention on the subject matter of the contract until full payment has been received. Assembly/transport/delivery of the object of the contract shall only take place after receipt of full payment unless otherwise agreed in writing between the parties.

In case of late payment, Bullet Time Cam shall be in default. The rules of the Spanish Civil Code shall apply. Bullet Time Cam shall be entitled to prove and assert other damages caused by the non-performance.

Obligations of the contractual partner

The contract partner is responsible for the following:

-Supply of all necessary drawings (line drawings, site plans, construction drawings).

– Unless previously agreed, the installation of backdrops used as backdrops is the responsibility of the customer, as is the lighting of the backdrop, also applicable to Chromas.
-Prior to and after installation, cleaning of the installation site/premises.
-Free provision of the necessary installation equipment (power supply, internet, etc.), as well as of assistant installation personnel (if agreed) and sanitary facilities.
-Assumption of catering and staff accommodation costs and independent organization of these elements.
-Obtaining all official permits (including export permits if required) and timely notification of the construction to the local authorities
-Adequate and free parking space during construction, the duration of the event and dismantling
-Allowing the possibility of a joint inspection of the premises/rooms, access roads, etc., prior to the start of assembly
Provision of a level, horizontal, load-bearing surface for assembly
-Provision of suitable protection against weathering
Restoration of the original state after disassembly -Safety, fencing, etc., prior to assembly
-Security, fencing and lighting of the construction site and the object of the contract.

Termination of the contract

The contract may be terminated in writing before delivery of the object of the contract.

In this case, the contractual partner (customer / lessee / purchaser) is obliged to pay 40% of the total amount as compensation if the cancellation occurs and is communicated in writing up to 30 days prior to the date of commencement of assembly of the object of the contract.

If the contract is terminated less than 30 days before the start of the agreed installation, the contractual partner (customer / lessee / purchaser) is obliged to pay 80% of the total amount as compensation.

If the contract is terminated less than 14 days before the start of the agreed installation, the full amount of the contract is payable. We expressly reserve the right to claim further damages.

In the case of continuous obligations with a duration of more than one month, the contract can be terminated at the end of the following month.

The right to extraordinary termination, in particular for non-payment or breach of contract, remains unaffected.

Transport

Provided that the transport is part of the contract, Bullet Time Cam shall be entitled to have the transport performed by third parties (subcontractors).

Construction, acceptance

The contracting party shall confirm the completion of the construction and the conformity with the contract to the foreman of Bullet Time Cam or his representative in writing or verbally, and his non-conformity if applicable in writing.

The costs arising from the acceptance of use shall be borne by the contracting party.

The contracting party confirms a correct acceptance if it does not complain immediately after delivery. Acceptance for use shall be deemed acceptance. Subsequent claims are excluded, except in the case of hidden defects.

The contracting party shall be liable for damage to property and personal injury resulting from improper use of the subject matter of the contract.

In the event of delays and waiting times during assembly or disassembly, a charge of € 30.00/hour shall be made for each employee. Damages exceeding this amount can be claimed if proven.

Responsability

The subject matter of the contract is in perfect condition and complies with the applicable regulations. Liability shall only be assumed in case of gross negligence and wilful misconduct.

Bullet Time Cam shall not be liable for impossibility or delays in assembly or disassembly due to unforeseen weather conditions (storm, heavy rain, snow, hail and frost, etc.) or force majeure.

Damages that could have been avoided by the contracting party if it had acted with due diligence, or that are caused by culpable behavior on the part of the contracting party or third parties, shall be borne by the contracting party.

Bullet Time Cam has taken out liability insurance. The aforementioned insurance coverage does not extend to the items brought in and consequential damages, compensation for which is excluded.

The contractual partner is obliged to adequately and sufficiently insure the general risk associated with the subject matter of the contract (loss, theft, damage, liability).

The contractual partner shall be liable for all material and personal damages for which he is responsible and which arise from the operation and use of the item. For this purpose, he shall take out separate liability/visitor’s liability insurance at his own expense.

The contracting party shall pay damages for lost or damaged material. Without the consent of Bullet Time Cam, the contracting party may not make, have made or tolerate any changes or repairs to the item, with the exception of maintenance and safety measures.

All resulting damages shall be borne by the contracting party.

The subject matter of the contract may not be used as a suspension device, in particular not for heavy loads, beyond those specified in the technical documentation specific to each model.

In case of danger of storms and bad weather, the contract partner or the user of the object bound by it must immediately close the installation and the immediate surroundings clear of persons.

In order to prevent theft/damage, the contracting partner must ensure that the object of the contract is guarded at his expense 24h.

Consequences of termination without prior notice

In the case of continuing obligations, Bullet Time Cam shall be entitled to terminate the rental relationship without notice in the event of default of two months, to enter and drive onto the subject matter of the contract after three days’ notice and to dismantle the subject matter of the contract after a reasonable grace period, irrespective of the remaining occupancy/equipment. The same shall apply in the event of subletting the subject matter of the contract to third parties without consent.

Compensation for damage caused by premature dismantling to any property provided by the contracting party or third parties is excluded. Bullet Time Cam, without being obliged to do so, shall announce the dismantling date in advance so that the contracting party can vacate the premises in due time.

At Bullet Time Cam’s request, the contracting party shall inform Bullet Time Cam in writing within 24 hours of the current location or storage location of the subject matter of the contract or, in the event of a change of location, of the new location at the same time. In the event of default of payment in case of subletting, the contracting party already now irrevocably assigns its right of payment against the third party to Bullet Time Cam and undertakes to name the name, address and contact person of the sublessee upon request, i.e. within two days.

The contracting party shall keep the subject matter of the contract free of any liens, claims, attachments and other legal claims of third parties. The contracting party shall be obliged to inform Bullet Time Cam immediately of any such measures by third parties and to provide Bullet Time Cam with all necessary documents.

Applicable law / place of jurisdiction

For any dispute arising between the parties from the interpretation or performance of this contract, the parties, expressly waiving any other jurisdiction to which they may be entitled, shall submit to the Courts and Tribunals of Madrid.

Reservation of ownership

All goods delivered as part of a sale shall remain the property of Bullet Time Cam/Glam Cam/Mapp3d VideoMapping SL until full payment has been made. The retention of title also extends to the processed goods and, in case of resale, to the claim to the purchase price: extended retention of title.

References / image and photo recordings

The contractual partner has full right of access to film and photograph during the entire period of use of the object of the contract, including events. Bullet Time Cam or another authorized party may take photographs and/or other recordings during the assembly of the finished object, as well as the videos resulting from the promotional action captured by the contract object devices, for the use of such images by Bullet Time Cam in an advertising, promotional or referential manner and both parties recognize each other as joint owners of the copyrights of such images.

The photo and video recordings made may be used for our use free of charge.

 

Divisibility clause

The invalidity of one or more provisions of these General Terms and Conditions shall not imply the invalidity of the whole of these General Terms and Conditions. The invalid provision shall be replaced by the legally valid provision that comes closest to the invalid provision in legal and economic terms.