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Terms

The Finish Line General Terms & Conditions

Definitions

Certain phrases in this document are defined with initial capital letters. The following terms shall have the definitions assigned below.

  • Business Day: Means Monday to Friday (inclusive) except bank or public holidays in England
  • Client or you: Means any legal entity which has placed an Order.
  • Conditions: Means these General Terms and Conditions of Contract and any supplementary conditions or any modifications thereof.
  • Confirmation: Means agreement to and acceptance of an Order by The Finish Line.
  • Equipment: Means equipment used or allowed to be used by The Finish Line in the fulfilment of an Order.
  • QC: Means a Quality Control process of ensuring that the content meets specified standards and requirements, including technical, visual, and audio elements
  • Deliverable Orders: Means specified products that are requested by a Client and The Finish Line agree to deliver
  • Installation: Means machinery or apparatus placed in position or connected for use in the process of post-production by The Finish Line in fulfilling an Order.
  • New Materials: Means new materials used by The Finish Line in fulfilling an Order.
  • Order: Means a request for services and/or goods to be supplied to a Client by The Finish Line in accordance with a Specification.
  • Personnel: Means staff employed by The Finish Line.
  • Services: Means the services as detailed in a Specification.
  • Specification: Means post-production handling services, including but not limited to colour grading, online editing, mixing, and delivery for production companies and overflow work for post houses as set out in a document sent by The Finish Line to a legal entity which becomes a Client.
  • The Finish Line or us or both: Means The Finish Line Media Limited, is a private company limited by shares, incorporated in England and Wales, registered number 08975513, and having its registered office at Harrisons Accountancy Limited, Harrison House Sheep Walk, Langford Road, Biggleswade, Bedfordshire, SG18 9RB

1 Orders & Cancellation

Orders

1.1 Orders placed by a Client shall be deemed to be an offer by the Client to The Finish Line subject to these General Terms and Conditions set out herein to supply the Equipment, New Materials, Personnel, and Services as set out in a Specification. No Order placed by the Client shall be deemed to be accepted by The Finish Line unless and until a Confirmation is given by The Finish Line, or (if earlier), The Finish Line delivers the Equipment, New Materials, Personnel, and/or Services to the Client. The Client must ensure that the terms of its Order and any applicable Specification are complete and accurate. If The Finish Line issues a Specification, the Client’s written or oral approval of such Specification shall constitute an Order.

Prices

1.2 The placing of an Order by a Client, some or all of which is based on estimated prices, shall constitute the agreement by the Client to pay to The Finish Line at least those estimated prices. Where prices are stated to be estimates, The Finish Line shall use its reasonable endeavours to ensure that the estimates are accurate and, in the event that these prices are not accurate, to inform the Client of the actual price(s) as soon as The Finish Line becomes aware that the estimate is inaccurate. In the event that The Finish Line shall carry out any work for the Client in respect of any part of an Order which is the subject of revised prices communicated by The Finish Line to the Client and the Client shall communicate its acceptance of those revised prices in any way whatsoever the Client shall be deemed to have agreed to pay to The Finish Line sums equal to those revised prices. For the avoidance of doubt, the performance by The Finish Line of part of the Order shall constitute acceptance.

Cancellation

1.3 Unless otherwise agreed, if the Client wishes to cancel the whole of any part of an Order, a cancellation fee shall be payable by the Client to The Finish Line.

1.3.1 With Talent Orders, this cancellation fee will be a sum equal to The Finish Line’s minimal charge of six hours in relation to the Order. 1.3.2 With QC and Deliverable Orders, this cancellation fee will be a sum equal to 50% of the whole (or any part of) an Order so cancelled.

Provided always that in the event that if the Client cancels the whole or any part of any Order less than 1 Business Day beforehand, The Finish Line is obliged to comply with its obligations in respect of that Order.

Variation

1.4 If the Client requires any change, variation, addition to or deletion from an Order after it has been the subject of a Confirmation, The Finish Line will inform the Client of the effect of any such change, variation, addition, or deletion on delivery times and the costs, fees, and expenses. The Client will be responsible for these, if it accepts them, whereupon such changes or variations shall form part of the Order.

2 Payment Terms

2.1 Unless otherwise stated, all of The Finish Line invoices are payable within 14 days of dispatch of an invoice by The Finish Line to the Client.

2.2 Interest will be charged at 5% above the Bank of England base rate from the due date of the invoice. Interest shall accrue and be compounded each day, from the date the invoice was due to the date you pay.

3 Deliveries

3.1 The Finish Line shall use its reasonable endeavours to effect delivery and/or collection of the Equipment and/or New Material and, if applicable, at such time and place as shall be set out in the Specification. All delivery and Installation dates are estimates only and should, if applicable, the delivery and/or Installation be held up by the Client or by its agents or subcontractors, The Finish Line will not be held responsible for any delay in the completion of the Order or any costs, claims, and expenses thereby incurred by the Client.

3.2 The Client shall examine the Equipment and/or New Material immediately upon collection from or delivery by The Finish Line to it, its agent or other representative and it is the responsibility of the Client in all cases to establish any loss or damage to the Equipment or New Material.

3.3 The Client shall notify The Finish Line in writing of any claim that the Equipment and/or New Material is damaged or not in accordance with the quality and quantity as set out in the Specification or as otherwise agreed in writing within three Business Days of delivery to or collection by the Client. If the Client makes a claim against The Finish Line in respect of the Equipment and/or New materials or any part thereof, the Client shall ensure that the Equipment and its packaging is preserved by the Client intact pending investigation by The Finish Line. If the Client fails to notify The Finish Line within this period, the Equipment and/or New Material shall be deemed to be of the quality and quantity set out in the Specification or as otherwise agreed in writing and the Client shall pay The Finish Line accordingly.

3.4 Any claim for non-delivery of Equipment and/or New Material must be made in writing and received by The Finish Line within 14 Business Days of the invoice date and any claim must quote The Finish Line’s invoice number.

3.5 Any claim for damage to the Equipment due to defective installation by The Finish Line must be notified to The Finish Line in writing within three Business Days of installation. The Client should not repair or attempt to repair or request a third party to repair or attempt to repair the Equipment or the installation thereof without the prior written consent of a duly authorized representative of The Finish Line.

3.6 Delivery in Instalments and Client’s Defaults

Where the Equipment and/or New Material is delivered in instalments and the Client either fails to accept any delivery or permit installation when due or defaults in making payment in respect of any instalment when due, The Finish Line may cancel any outstanding deliveries and, if applicable, installation, and the Client shall compensate The Finish Line in full for any loss or expense arising from such cancellation.

4 Limitations and Exclusions of Liability

The Finish Line will not be liable to the Client in respect of:

4.1 any losses arising out of any event or events beyond The Finish Line’s reasonable control.

4.2 any losses incurred to the business of the Client, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill unless caused by the act or default of The Finish Line.

4.3 any loss, malfunction, or corruption of any data, database, or software supplied or developed by a third party.

4.4 any special, indirect or consequential loss or damage suffered by the Client howsoever arising.

5 Indemnities

5.1 You hereby indemnify The Finish Line and undertake to keep The Finish Line indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by The Finish Line to a third party in settlement of a claim or dispute on the advice of The Finish Line’s legal advisers) incurred or suffered by The Finish Line arising out of any breach by you of any provision of these terms and conditions.

5.2 You hereby indemnify The Finish Line and undertake to keep The Finish Line indemnified against any losses, damages, costs, liabilities, and expenses caused as a result of use by you or third party use permitted by you as a result of your act or omission in respect of Equipment and/or New Materials.

6 Termination

6.1 Any agreement by The Finish Line to supply Equipment, New Materials, Personnel, and/or Services to the Client may be terminated immediately by The Finish Line giving written notice to the Client to that effect on the happening of any of the following events:

6.1.1 If the Client fails to pay any charges, fees, or costs due to The Finish Line in accordance with these Terms and Conditions within seven days of the same having become due (whether demanded or not);

6.1.2 If the Client fails to observe or perform any other of its obligations set out in these Terms and Conditions;

6.1.3 If the Client shall make any arrangement or composition with its creditors;

6.1.4 If, in the opinion of The Finish Line, the Client shall be unable to pay its debts as and when they fall due;

6.1.5 If an order shall be made or an effective resolution passed for the winding up of the Client (other than for the purposes of a reconstruction or amalgamation);

6.1.6 If an administrator, receiver or manager or administrative receiver shall be appointed to the whole or any part of the undertaking or assets of the Client, or

6.1.7 If, in the opinion of The Finish Line, the Client, its employees, authorized agents and/or subcontractors are guilty of dishonesty, misconduct, incompetence or willful neglect of their duties.

6.2 Termination shall not affect any other right or remedy of The Finish Line against the Client and shall not affect the right of The Finish Line to recover from the Client any charges, fees, or costs or other monies due to The Finish Line at the date of such termination and shall not affect The Finish Line’s right to recover damages from the Client in respect of any breach of these Conditions.

Notice

Any notice given hereunder shall be well and sufficiently given if sent to any address whether postal or email used by the recipient and addressed to a person with whom the sender had had dealings in relation to the Order at the recipient.

Such notice shall be deemed to be given if sent by post within 2 days of posting and if by email within 24 hours of dispatch.

Severability

If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Notification of Changes

The Finish Line reserves the right to change these conditions from time to time as it sees fit and your continued use of our services after we shall give you notice of any changes will signify your acceptance of any changes to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page. You should therefore read this statement on a regular basis.