RENTAL TERMS AND CONDITIONS
The current Hire Terms and Conditions an integral part of any rental contract and are applicable for every hire, unless specifically amended to the contrary in writing, and signed by an authorised representative of Visuals Switzerland.
In the context of the rental contract and the current Terms and Conditions, VISUALS SWITZERLAND is taken to mean VISUALS SWITZERLAND Sàrl, rue du Pré-Bouvier 8-10, 1242 Satigny, also including its offices situated at Bergstrasse 23, 8953 Dietikon and at Via Zorzi 28, 6900 Paradiso. “The Client” signifies anyone, either private individual, association or corporate entity, linked to VISUALS SWITZERLAND by a rental contract for goods and equipment. These goods and equipment, referred to in the Terms and Conditions, are those which are made available, according to the contract, exclusively according to the conditions of the contract with VISUALS SWITZERLAND, and all additions and amendments to the contract should be the object of a further written contract, signed by an authorised person from VISUALS SWITZERLAND.
1) The client is obliged:
A/ to inform us in writing of the place and circumstances in which the equipment will be used, especially any special conditions or use outside Switzerland. VISUALS SWITZERLAND will check all equipment before it leaves the building. This procedure however does not excuse the Client from his/her responsibility to test equipment before departure. No claim can be considered after the equipment already in the Client’s possession.
B/ to return the equipment on the agreed date, complete, clean and in perfect working order. VISUALS SWITZERLAND will communicate in writing within a period of three days any apparent damage. The hire is agreed for the duration indicated in the contract, and is counted in 24hour periods from the moment the equipment is taken, until it is returned to our premises, including Sundays and public holidays, even if the equipment is not in use. The Client will be held responsible for any prejudice or damage suffered by Visuals Switzerland and its customers, due to late return of equipment. All cases of exceeding the agreed period of hire will be invoiced to the Client.
C/ not to sell hire, re-lend or make the equipment available to any third party during all or part of the rental period. The Client is not permitted, without the written authorisation of Visuals Switzerland, to modify the equipment in any way, alter it or install any further parts or accessories.
D/ if not using the insurance proposed by VISUALS SWITZERLAND, to supply an insurance certificate covering the rented equipment against all theft and loss during the contract period. Upon demand, the client will indemnify VISUALS SWITZERLAND for all damages and other costs suffered in case of loss or dispute. The insurance contract or certificate should also confirm that the rented equipment is totally covered against all damage during the rental period, i.e. until the return of the equipment.
E/ to pay any excess in case of loss covered by insurance; or if applicable, the total amount to repair the equipment as new, or the total cost of replacement of the damaged, lost or stolen equipment.
Where it is found during a rental that an item or accessory is defective, it is imperative that the Client informs VISUALS SWITZERLAND without delay, and returns the item or accessory as soon as possible, without waiting until the end of the project. The rental fee for the hire of the items in question is payable at least until the evening before the incident occurred.
The Customer is solely responsible for selecting equipment according to his/her needs and environment.
Provision of equipment
A/ All deliveries are accompanied by a delivery note, indicating the departure and return dates according to the contract. The person accepting the equipment should sign the delivery note, confirming that it corresponds exactly to what is described in the contract.
B/ Rented equipment remains the property of VISUALS SWITZERLAND.
C/ Any export or use of the equipment outside Switzerland, or in extreme conditions, must be communicated to VISUALS SWITZERLAND and must be specifically mentioned in the hire contract.
D/ The equipment is taken against a valid purchase order for those clients possessing a credit account. In the absence of a credit account, the client should provide valid passport/identity card, and a recent company registration document, if applicable. VISUALS SWITZERLAND reserves the right refuse to a credit account to Client not offering sufficient guarantees, as well as to occasional clients, and even to those paying late or who did not respect our general terms and conditions for a previous hire contract. For contracts of, or exceeding, seven days, VISUALS SWITZERLAND reserves the right to demand that all clients to pay a deposit upon reservation.
E/ VISUALS SWITZERLAND reserves the right to retrieve the rented equipment before the end of the contract period, in the case where the client has been declared bankrupt or insolvent. The Client should make all necessary provisions to separate the goods from his/her own and return them to VISUALS SWITZERLAND.
F/ If not mentioned otherwise, equipment is made available in and is to be returned to the premises of VISUALS SWITZERLAND.
G/ In no circumstances is VISUALS SWITZERLAND responsible for the direct or indirect damage or degradation of magnetic tapes or any other equipment used in filming, editing or duplication. It is incumbent upon the Client to insure themselves by an appropriate production policy against all possible risks and damage in this regard.
H/ In no circumstances is VISUALS SWITZERLAND responsible for any malfunctions and problems, even those due to normal use or technical issues. VISUALS SWITZERLAND undertakes to do its very best to replace any defective equipment in the shortest possible time.
I/ Where permission has been given to export the equipment outside Switzerland, the Client undertakes to execute all necessary customs procedures connected with the transport of the equipment during the contract period. In the absence of this, the Client undertakes to reimburse upon demand all customs duties, VAT, penalties and costs caused by a non-execution of the afore-mentioned procedures.
Upon the contract being signed, the rental is considered confirmed, except where VISUALS SWITZERLAND accepts a cancellation. A fixed fee of CHF 150 will be automatically invoiced for all cancellations. VISUALS SWITZERLAND also reserves the right to recharge the Client in case of other costs suffered by VISUALS SWITZERLAND during the preparation for the cancelled contract:
Transport costs for equipment to Geneva, Zürich or elsewhere
System evaluation and optimisation
Setup time and costs
The total of these and further costs will be re-invoiced to the Client, over and above the fixed cancellation fee.
4/ Invoicing and Disputes
Amounts indicated in our rental price list do not include VAT and insurance. VAT at 8.0% is applicable on the total invoice amount. The Client undertakes to pay all transport and customs charges; VISUALS SWITZERLAND reserves the right to change its rental charges at any moment, and undertakes to inform its clients in as timely fashion as possible. All non-returned equipment, especially cables and accessories, should be returned within 48 hours of the end of the rental period, in the absence of which, they will be invoiced at their full sales price directly to the Client. Each purchase order assumes the acceptance of our Terms and Conditions. For all disputes, Swiss law is solely applicable, through the Geneva courts, with a possible right of appeal to the Federal Tribunal.
A/ There is a minimum invoice amount of CHF 50 ex VAT.
B/ Rental invoices are payable upon delivery of the equipment. Where a Client has a credit account, the payment period is indicated on the invoice. Late payment will render null and void any discounts or special offers agreed at the time of order, and interest will be charged on the outstanding amounts at a rate of 1,5% per month, and the Client will also lose his/her right to a credit account with VISUALS SWITZERLAND. The rental contract overrides any previous information in terms of price, duration and quantity of equipment.