CINEKITA
39-41 Rue Voltaire
92800 - Puteaux
Tel : 01.77.68.61.00 / 01.53.06.86.86
Fax : 01.77.68.61.09 / 01.53.06.86.8

                                                         TERMS AND CONDITIONS OF SALE

1°- OPPOSABILITY: The following terms and conditions of sale apply to work carried out by CINEKITA. The placing of an order implies full and unreserved acceptance of these conditions, unless there is a specific agreement or agreement to the contrary between the parties.

2°- ORDERS: To be valid, all orders must be confirmed in writing. Confirmation letters must be dated and signed by the client and include all necessary information - BUSINESS REGISTRATION NO. INTRA-COMMUNITY VAT NO. -.
Orders are subject to acceptance by CINEKITA.
Quotes: You must supply all the items necessary for the adaptation or making of your discs in the following formats: digital Beta OV/IV master, MOV/dv25, DV, DVD, HD (Pal), DLT, FILMS, GABARITS files, complete OV scripts.
Work undertaken is limited to that specified in the quote. Any additional requests shall be billed extra.
Important: It is also necessary to supply your technical specifications and style guides before work commences. CINEKITA will not be liable for any changes resulting in additional charges after the making of the RTBs.
Likewise, CINEKITA shall not be held responsible for any defects in the items submitted. If your source is different from the configuration mentioned in the initial quote (e.g.: NTSC instead of PAL, frame drop, defective IV soundtrack, format compression).
Deadline: The quote is only valid for two weeks. Any missing items, (validated order, down payment, production items, etc.) will result in delays in the making and delivery of your products. Any delays incurred do not entitle the client to cancel the order, refuse the goods or claim damages.

3°- DELIVERIES: The work and products shall either be made available to the client or delivered to him at his own cost and peril. Deliveries will be made by any means suiting CINEKITA.
Delivery address/addresses: Paris: Deliveries will be made to a sole address. Deliveries to additional addresses will cost an extra 25 euros per address.
Provinces/Abroad: Deliveries will be shipped and billed to the client.
NB: Any changes to the delivery address will not be taken into account less than twenty-four hours before your order is shipped.

4°- BILLING: The rates mentioned in our quotes are exclusive of VAT and non-included items or services and should be considered estimates. As regards preparatory work in particular - (transcription, translation, copying, photoengraving, printing, electrotyping), additional costs may be billed depending on the final material received.
Unless a fixed rate has been agreed upon, our work and/or services will be billed according to the rates in effect on the day of delivery. A bill will be made out for each delivery and sent together with it. If no registered letter contesting the bill is sent by the client within one week following receipt of the bill, it will be considered accepted. It will be the same for summary statements in the event of multiple bills or work.
If the billing address is different to your client account, you must inform us of the name, address and registration number of the site to be billed for each order.
Subsequent demands will be billed.

5°- PAYMENTS: All our bills must be paid to our registered office.
- Unless there is an agreement to the contrary, our bills are payable upon receipt, net and in full.
- In the event of agreements for payments at traditional deadlines, the buyer will have to accept them and return them within forty-eight hours following receipt.
- In the event of a discount (attributed by us) for payment in full, this will be deducted from the taxable revenue with the VAT amount potentially deductible by you to be reduced by the relevant discount.
- Late payment penalties will be charged on any amount owing after the agreed payment deadline.
- On prior agreement and excluding any postponement requested and authorised by CINEKITA, lack of payment of goods or services provided at the payment date will lead to
- The immediate demand for all amounts owing whatever the method of payment agreed (whether or not prior agreement has been reached).
- Potential damages or interest payments equal to up to 15% of the amounts due, excluding potential legal or related fees.

6°- COMPLAINTS: It is up to the client, upon receipt of the order, to make all necessary examinations and, in the event of apparent defects or non-conformity, to formulate his reservations in a registered letter to CINEKITA or, if need be, to the shipper.
To be accepted, any complaint must be made no later than one week after delivery.
For CDs/DVDs: No goods shall be returned without our prior agreement. When we do agree to accept returned goods, reimbursements will be based on the factory price. No shipping costs or custom duties shall be reimbursed. The existence of faulty goods in a delivery does not entitle the client to refuse the delivery as a whole.

7°- GUARANTEES: We are not responsible for goods of any kind belonging to the client, stored on our premises for the purposes of work, in the event of any type of accident caused by them or to them. The client, who alone knows their commercial value, must fully insure his goods and items and obtain from the insurer a waiver from all claims against employees, warehouse operators and subcontractors.
CINEKITA reserves the right to destroy all recordings of any kind after a period of three months.

8°- TITLE RETENTION: Title to the material items as well as the work undertaken shall remain vested in CINEKITA in the event of non-payment.
Moreover, by prior agreement, the delivered product remains the property of CINEKITA until the purchase price has been paid in full, in accordance with law NO. 80/335 of May 12 1980.
Title to the delivered goods shall remain vested in CINEKITA until the purchase price has been paid in full. It shall not pass to the buyer until the final payment has been made and received.

9°- S.D.R.M.: In the event of the replication of quantities of DVDs or CDRs, prior written authorisation must be obtained by the client from SDRM - 225 avenue Charles de Gaulle - 92528 NEUILLY / SEINE CEDEX Tel.: 01 47 15 87 94 - Fax: 01 47 15 87 98 Email: phono.opo@sacem.fr
No replication will be undertaken without SDRM’s prior authorisation. SDRM’s authorisation for the reproduction of protected works covers sales in France and its territories.

10°- SAVING/ARCHIVING: The client must take back his items, OV masters, scripts, CDs, DVDs and other masters used in the making of his product within one month of the output of the broadcasting master irrespective of the medium. After this time, CINEKITA will be entitled to destroy them without prior warning and without liability.
However, these items can be kept - masters, backups, etc - at the client’s request and at his own cost and peril.
CINEKITA will then bill the client for saving and archiving costs as detailed in the appendix of the present terms and conditions of sale, exclusive of handling, digitizing and transport costs.
All requests for the return of films or other items must be accompanied by the authorisation of the eligible parties or proof of the ownership of the tangible or intangible rights to the returned work, if the person making the request is not the bailor.

11°- COMMERCIAL USE: Any commercial use of these goods means the buyer waives his right to complain.

12°-DISPUTES: In the event of a dispute, the Commercial Court of Paris has sole jurisdiction.

In order for us to process your order quickly and efficiently, please scrupulously respect the above terms and conditions.
By signing the quote, the client places an order with us and accepts in full the terms and conditions of sale attached to our commercial offer.

                                                                           APPENDIX

        EXAMPLES OF ADDITIONAL COSTS LIABLE TO AFFECT THE BASIC RATE

• Incomplete scripts requiring additional transcription: €15 excl. VAT per page of 250 words
• Additional translation of non-transcribed passages: €25 excl. VAT per page of 250 words
• Additional translation of non-transcribed passages in non-European languages: €50 excl. per page of 250 words
• Master items of inferior quality requiring in-house checking or technical intervention such as under-modulation, sound drop-outs, sound defects, IV without contributors necessitating a new edit between the OV and the IV, or additional transfers: video unit rate: €152 excl. VAT/hour (time spent)
• Studio voiceover rate: €110 excl. VAT/hour
• Studio dubbing rate: €150 excl. VAT/hour
Any hour begun is due in full
• SAVING/ARCHIVING:
€80 excl. VAT/month per master (excluding output on new master)
500GB hard disk ………………... .................€300
6 months’ data storage by Terra Octet ……..€1,500
9 months’ data storage by Terra Octet ……..€2,000
1 year’s data storage by Terra Octet ……….€3,000
3 years’ data storage by Terra Octet ……….€4,500
Host: NUXIT
Copyright - Links
Reproduction on paper or electronically.
The reproduction of any pages from this site on paper or electronic media is authorised for private use only.

Hyperlinks to CINEKITA
The CINEKITA website allows the establishment of a hyperlink towards its content, provided that deep linking is not used. In other words, the pages on the CINEKITA website must not be included in the pages of another website, but can be accessed via the opening of a window mentioning the source of the content in question.
For other uses or the setting-up of a partnership, please contact us.

Privacy Policy
No personal data will be collected without your knowledge.
No personal data will be disclosed to third parties.
This site has been registered with the CNIL under the file reference NO. ----------.

Statistical data
CINEKITA calculates the number of pages viewed, number of visits and all visitor activity on its site. This enables us to fully analyse site usage through the use of log files, but the files do not identify any personal information.

Online Forms
Any personal data gathered when filling out online forms is automatically processed by CINEKITA and may be used as part of emailing campaigns exclusively by CINEKITA.
Under no circumstances will this information be disclosed to third parties. In accordance with French laws on data protection and freedom of information, you have the right to access this information and, if need be, can modify or request the removal of your data by writing to the following address: CINEKITA 39-41, rue Voltaire 92800, Puteaux, France