The Customer expressly acknowledges that the Service Provider’s prices and rates for the services and supplies for the ordered work are incommensurate with the value of the items – in particular the following but not limited to: materials, media (such as negatives, positives, film and other tapes, computer files), any types of objects and documents, and that of their contents, which are entrusted to the Service Provider.
Consequently, the Customer expressly releases theService Provider from any liability for the value of the content of the items with regard to the direct or indirect consequences of any kind of loss or deterioration such as:
– Any work and manipulation whatsoever on the items and their contents entrusted to the Service Provider.
– Any delays in delivery or late deliveries.
– Any work or reproductions ordered that are illegal or infringing.
– Any substitutions, deteriorations, total or partial loss, of all or part of the items and their contents entrusted to the Service Provider for whatever reason, including theft, fire, water damage, bad weather, accidents or property damage during handling, manufacturing, transfer, transportation, or storage, wherever they occur, including in the rented premises or made available to the Customer.
– Any change in the condition or quality of the items and their contents entrusted to the Service Provider after performance of the work operations.
– Any storage of the entrusted items and work performed for whatever reason.
– Any alteration in the quality or disappearance, in whole or in part, of the information (including sounds, images, computer programs, contents of computer files) contained on any media (such as films, tapes, media and digital files or other types of future media) entrusted or made as a product of the work ordered by the Customer.
The Service Provider does not guarantee the durability of the information contained on any media.
The Customer declares to accept this non-liability clause without reservation otherwise the Service Provider would not have committed itself and would have refused any order or commitment.
No stipulation to the contrary, especially in the Customer’s documents, can be interpreted as the Service Provider’s acceptance of a special dispensation that is likely to reduce or to annul this non-liability clause or to allow its liability to be incurred.
Consequently, the Customer declares under its sole responsibility and warrants to the Service Provider that it has taken out an insurance policy before commencement of the work or any contractual relationship with the Service Provider begins, that covers at least all of the previously stated risks that may arise during the work or contractual relations and subsequently, as well as during the period during which the items given by the Customer to the Service Provider and those carried out under the works that are not collected by the Customer, regardless of the place and storage conditions of these items.
In any case, the Customer expressly waives any recourse against the Service Provider regardless of the nature and extent of any direct and indirect damages caused to it. Any insurance policy taken out by the Customer must include a waiver of recourse against the Service Provider and its insurers. When present at the Service Provider’s premises, the Customer must comply with the internal regulations, including the safety instructions and access instructions for the various locations of the site.
In any case, in the event where the Service Provider is liable, it may only be required to pay the price of the blank physical or digital media, at its own rate, and to cancel the invoices relating to the work in question that was carried out and invoiced by the Service Provider.