For the purpose of these terms and conditions, the words “we,” “us,” “our,” “Pro8,” and Pro8mm” refer to the company Pro8mm by Super 8 Sound and the words “you,” “yours,” and “customer(s)” refer to any person (or agent acting on behalf of such person) purchasing products from or using the services of the aforementioned company.
Limitations of our Liability
Standard turnaround times quoted are NOT guaranteed. Turn around times are schedule permitting, and special services may take longer than standard turnaround times. We are unable to accept any responsibly for delays of any kind for any reason. This includes, but is not limited to client error, Pro8mm error, equipment malfunction, shipping errors, shipping delays, and/or acts of nature. We strive to meet turnaround times quoted, but it is the client’s responsibly to ensure that there is enough time in the production workflow to accommodate unforeseen delays. Client purchased rush services are available. Should the turnaround time on the rush be delayed (as stated above) we will credit the actual rush charge, but not the work, equipment or service provided. Pro8mm will not refund or credit for any delayed items, regardless of the circumstances.
Damage or Lost Film, Video Tapes, Discs, Hard Drives or Equipment:
The purchase from us or delivery to us of any film, video tape, disc, hard drive or equipment for any purpose including processing, cleaning, scanning or any other reason constitutes an agreement by you that if any such film, video tape, disc, hard drive or equipment is lost or damaged by us while in our possession (or in transit to our possession) it will be replaced with an equivalent amount of unexposed film, processing, video tape, disc, hard drive or equipment. Except for such replacement, the handing of such film, video tape, disc, hard drive or equipment by us is without warranty or liability even though damage or loss caused by our negligence, our agent’s negligence, acts of nature, or other fault. We will assume no responsibly for the content value of your material. We assume no responsibly for lost production costs. If you believe that your material has or will have any value that exceeds the cost of the raw material, than it is your responsibly to obtain relevant insurance from an outside vendor.
Shipping and Handling:
Pro8mm uses Fed-ex for all shipments. The charge is calculated using Fed-ex published rates at http://www.fedex.com. All items are shipped using the clients’ specified services to the clients’ specified address. For expedited services or Saturday delivery, it is the clients’ responsibly to check with Fed-ex that the service is available in their geographic area. All packages are shipped without insurance. If you believe that your film, videotape, disc, hard drive or equipment has value beyond the raw material cost, it is your responsibly to obtain insurance from an outside vendor. We require a signature for all package deliveries, for which there is an additional fee. If a client requests that a package be delivered without a signature, we will not provide tracking services or replacement if the package becomes lost or damaged. Clients that require the use of their own shipping services must provide all materials include packing and labeling. They must also make arrangements for the pick up of their package and do their own tracking. We will not provide any service beyond box up when our shipping is not used. Clients who send in single rolls for processing may provide us with a self addressed stamped envelop for return of the single roll. You must include the U.S Mail Holding Harmless Release Form found here: US Mail Realease Form.
Pro8mm does not provide any insurance of any kind for shipping, rentals, or product/facility malfunction. If your film, video tapes, discs, hard drive or equipment have a value beyond the cost of replacement of the raw material, then it is up to the client to purchase production or other relevant insurance from an outside vendor.
Hard Drive/Tape Stock Policy:
Pro8mm recommends that you purchase hard drives and tape stocks from us for your scanning work to insure the highest quality and reliability. We use only premium portable hard drives from manufacturers that provide storage for
professional content and that meet the demands of professional editing and production applications. Storage devices purchased through Pro8mm are backed by a 2-year manufacturer warranty, and a 2-year re-transfer rate of ½ price (to the same specifications of the original transfer.) Pro8mm will assume no responsibility for re-transfers or replacement storage devices if the drive, tape stock, or disc is not purchased through us. This includes but is not limited to any existing material on any client provided hard drive or tape, tape or hard drive failure, and/or re-transfer. Mini-DV tapes, DVD’s and Blu-rays can not be client provided. If you decide to bring your own hard drive, it must be “empty” and a USB connection and power supply must be provided.
Work Flow Liability:
All jobs must be accompanied by a Work Order Form. If scanning to Digital, a Digital Mastering Form is also required. These forms must state all the technical specifications that the customer requires. Although our knowledgeable staff can help with technical issues, it is the client’s responsibility to make a decision about their work flow, and communicate these instructions in writing. We will not be liable for any errors that occur in the workflow when instructions have been given verbally, or not at all. We will only take responsibility to redo work if client instructions on the work order form were not followed correctly. Since technology changes so quickly, it is the responsibility of the client to make sure that services provided by Pro8mm will be compatible in their digital platform. We will not refund or re-scan material or files that cannot be opened because of incompatibility issues on the clients’ part.
Clients renting a camera from Pro8mm will be required to sign a rental agreement that clearly states specific terms, conditions, and limits of our liability for such rental. A $2,000 security deposit will be held by credit card or by check to cover the cost of any repairs needed on any rental item due to client negligence. If the item is lost, stolen or damaged beyond the security deposit, the client will be responsible for the full retail replacement price. Rental items that fail or malfunction (excluding of client negligence) will be replaced with an equivalent amount of rental time and Pro8mm raw materials that were affected by the malfunction, providing that the raw materials affected were purchased from Pro8mm. It is the clients” responsibility to notify Pro8mm immediately if the rental camera malfunctions by phone, email, or fax, even if it is after hours, if the rental camera malfunctions. We reserve the right to negate any offers of replacement of raw material or rental time if we are not notified of the malfunction prior to the return of the rental. We will not be responsible for any other lost production cots. It is up to the client to purchase private insurance to safeguard against such losses.
Pro8mm has a comprehensive service center for all the equipment we sell. All items are covered by a 90-day parts and labor warranty. Repairs not covered by the warranty will be charged $95.00 an hour, plus parts. Due to the limited availability of parts and service manuals, we can provide a limited repair service for other Super 8 equipment on a “best attempt basis.” Items sent in for repair must include payment for an hour minimum charge of $95.00 to cover evaluation, estimation and minor servicing. Estimate fees are non-refundable.
Due to the large number of customers using Pro8mm products and services for non-funded productions and “works in progress,” we regret that we can not offer credit terms, lay away or any on account / open account options. Payment must be made in full upon delivery of film for processing, prep and cleaning, scanning services, and on collection of purchased or serviced equipment. We reserve the right to withhold raw materials, exposed/scanned materials and equipment until full payment has been made. We accept cash, checks with proper id, Visa, MasterCard, Amex, Discover, PayPal (fees may apply) and Wire Transfer (fees may apply)
Pro8mm has a no refund/no return policy. All sales are final. We cannot exchange any film stock for a different stock once it has left our facility in order to insure the highest possible standards of quality control.
All film, video tape, disc, hard drive or equipment not collected by the client within 60 days, whether completed or pending, will be charged a storage fee of $1.00 a day, PER ITEM. After 1 year, Pro8mm reserves the right to dispose any film, video tape, disc, hard drive or equipment that has not been claimed. Storage fees will also apply if we are waiting for a client provided hard drive for a transfer. If the hard drive or tape stock is not provided within 3 business days of the film’s arrival, we reserve the right to use one of our drives, and charge it to your order.
2805 W. Magnolia Blvd. Burbank, CA 91505
tel: 818-848-5522 | fax: 818-848-5956 | firstname.lastname@example.org