1. Definitions
1.1. The following definitions will be used in the present Wescam and Piuma Products general renting conditions:
(a) “Hirer” indicates the company that provides the Wescam and Piuma Products (material and/or accessories as necessary t o implement a Product), rental service, i.e. Nane Aerial+Stab Srl.
(b) “Customer” indicates any natural or legal, public or private person that subscribes to the present contract for a service offered by Nane Aerial+Stab srl.
(c) “Operator” indicates whoever uses the rented material.
(d) by “Material” we mean any machines and/or accessories rented out by Nane Aerial+Stab srl.
(e) by “Product” we mean the images obtained through the use of the rented material (recorded on film, cassette, or any other media or put on air directly).
2. Object of the contract
2.1. The purpose of these general renting conditions is to state the terms and conditions of the service offered by Nane Aerial+Stab Srl for the implementation of a Product.
3. Renting conditions
3.1. This contract is subjected to the terms and conditions specified below.
3.2. No other conditions or different clauses can be applied, unless upon a previous written approval by the two contracting parties.
3.3. Any oral communications between the parties shall be followed by a written confirmation.
3.4. Nane Aerial+Stab Srl cannot be considered liable for any consequences deriving from any oral communications not followed by a Customer’s written confirmation or from such confirmations having been lost by the postal service.
4. Hirer’s obligations
4.1. Nane Aerial+Stab Srl commits themselves to deliver the Material at the due time and in the place previously agreed upon by the two parties.
4.2. Nane Aerial+Stab Srl declares that the material rented out conforms to the applicable security regulations in force.
5. Customer’s obligations
5.1. The Customer shall guarantee having requested all permissions and admittance rights necessary to perform the working activities and their obtainment in the due time.
6. Estimate and Orders
6.1. Nane Aerial+Stab Srl shall prepare and communicate to the Customer an estimate for the service offered, based on the material rented out, the number of shooting days, the number of people necessary to implement the service, and the transport costs and traveling expenses.
6.2. Every order shall become effective upon subscribing to the estimate, whereby the general renting conditions specified here are meant having been implicitly accepted.
7. Payment mode and additional costs
7.1. By subscribing to an estimate, the Customer commits himself to pay in advance the due amount specified thereon.
7.2. An estimate never includes the additional costs (board and lodging, travels, consumable materials), for which a final bill shall be drawn at the end of the service, followed by a regular invoice to be paid within 30 days as from the invoice date.
7.3. The Customer is obliged to pay the rental costs agreed upon and the additional ones concerning the service rendered. Note that a rental cannot last less than 24 hours (one day) and a part of a day shall be charged as one rental day.
7.4. Nane Aerial+Stab Srl reserves the right to modify the estimated costs, after performing the first survey or because of unfavorable meteorological situations or in the case the owners of the location request additional materials and/or staff to assure a secure performance of the event.7.5. In the case of delayed payments, legal interests shall be due, amounting to 2.5% per year, calculated on the basis of every day of delay until the actual balance.7.6. Should the Customer cancel his order. Nane Aerial+Stab Srl reserves the right to apply a penalty not exceeding the total estimated cost for the service.
7.7. If a contract is subscribed to by a plurality of persons, each of these persons shall be considered liable jointly and severally.
7.8. The Customer commits himself to pay the VAT as calculated on the taxable income.
8. Guarantees
8.1. The Material is exclusively a Nane Aerial+Stab srl’s property and the Customer or any third party cannot have any claim, title, or interest thereto. The Customer shall be considered as a repository of the Material since its delivery and, for this reason, he shall be obliged to carefully maintain it and to declare its property in the case of any attempts of distraint or seizure, for any causes and in any places.
8.2. Nane Aerial+Stab Srl cannot be considered liable to the Customer or to any third party for any additional costs, including those due to delays or stops in the Crew’s operations, losses of profit, damages or consequences to people or things, directly or indirectly caused by the rental or use of the Material by the Customer.
8.3. In the case of Wescam and Piuma Products’s malfunctions (without any prejudice to what stated in art. 8.2.), no rental costs shall be charged to the Customer, but only those incurred for transportation and crew.
8.4. Should shooting not be made or be delayed for any reasons not imputable to Nane Aerial+Stab Srl (delays in general, faults affecting the helicopter or vehicle on which the Wescam and Piuma Products is mounted, unfavorable meteorological situations, flight restrictions, unexpected events of any kind), the day shall be taken into account and invoiced as a weather day.
8.5. The rental cost includes the insurance of the material but, in the case of damages caused by the Customer, this one shall pay an allowance amounting to ….. Euros, which shall be included in the invoice sent, to be paid within 30 days.
9. Contract termination
9.1. Nane Aerial+Stab Srl reserves the right to terminate this contract, upon a written communication, under the following circumstances:a) The Customer does not perform the advance payment of the estimate cost;b) The Customer does not conform to the conditions ruling the present contract;c) The Customer declares himself insolvent, wound-up, and/or subjected to bankruptcy proceedings or other insolvent proceedings.
9.2. The termination of the present contract for any of the above circumstances is not prejudicial to the Nane Aerial+Stab Srl’s right to collect their credit and to possibly request the Customer to reimburse the damages incurred.
10. Credits
10.1. Nane Aerial+Stab Srl shall be mentioned as a supplier of the aerial shooting services in the end credits, in the acknowledgments, and in any other circumstances in which the names of the crew members are mentioned. The minimum mention shall be as follows: “Wescam and Piuma Products for aerial shooting provided by Nane Aerial+Stab Srl ”, “Wescam and Piuma Products images by …” “Wescam and Piuma Products assistant: …”.
11. Jurisdiction
All legal matters fall under the jurisdiction of the Court of Monza.
Sesto S. Giovanni,
Noted and agreed
The parties declare to expressly accept the clauses set forth in articles 3.4 (no liability in case of written communications not received), 7.5 (penalty for order cancellation), 8.2, 8.3, 8.4, 8.5 (no liability for damages), 9 (contract termination), 11 (jurisdiction).
The Hirer The Customer
