COLORLAB CORPORATION shall not be liable to Customers or others for loss of any kind whatsoever duo to delays or failure in performance caused directly or indirectly by “force majeure” or and cause whatsoever, including loss or damage during delivery to/from COLORLAB.
COLORLAB respecfully points out that prices are never proportionate to the value of the materials entrusted to it. Customer’s films and tapes are received, developed, printed, transferred, and stored by COLORLAB only at the customers’ risk, and COLORLAB does not accept responsibility for any loss or damage to such film or tapes from any cause whatsoever, including negligence by COLORLAB technical or administrative staff.
Any loss of camera original, or tapes, preservation originals, or any client property will not be reimbursed to client by any manner such as cash reimbursement or return of new raw stock. COLORLAB will have no liability for loss or damage for jobs shipped to a third party subcontractor.
Camera films, tapes, negatives and positive, preservation originals and customer’s other property delivered to COLORLAB are accepted on the expressed condition that the same are insured by the owner thereof, with waiver of subrogation for the full amount of all risk, possible damage and loss. COLORLAB holds a lien thereon for the general balance due to COLORLAB by the customer in respect to processing, printing, storage charges, digitization, data management or additional services. COLORLAB has the right to charge late fees on balances not paid in 20 days and has the right to pass off to collection any and all bills not paid in a timely manner. The Customer is responsible for legal fees incurred by COLORLAB in the collection of said debts, which is customarily 35% to 50% of the collected debt. Debt collected in this manner can increase 35% or greater than the original amount owed.
COLORLAB may require any Customer to retake possession of any and all materials held in its vaults. COLORLAB, after 30 days’ written notice to Customer’s last known address sent via UPS 1st class mail, may send elements to a public warehouse with the customer responsible for incurred storage fees, or may destroy such materials, or may store them at the customers expense. All such charges are to be secured by Customer’s rights in and to such materials. At COLORLAB’s discretion, Customer’s materials remaining at COLORLAB after a 30-day notification has been given, may become the property of COLORLAB including all copyrights and entitlements. Customer’s films, negatives, and positives received for the safekeeping, developing, printing, processing, or handling are subject to the terms and conditions herein.
The Customer assumes all liability under the copyright laws and under any other laws, both federal and state. Thereby, the Customer, agrees to indemnify and hold COLORLAB free and harmless of any and all suits, claims, damages, liabilities, and expenses (including, but not limited to, attorney’s fees) which may arise directly or indirectly from the performances of such services by COLORLAB who operates under the Customers direction. COLORLAB will endeavor to keep its Customers advised, concerning the exposure, photographic quality, and physical condition of the the negative films received from them for processing, but shall not be held responsible for failure to do so.
All prices are subject to change without notice. By conducting business with COLORLAB, Customer agrees to sign up for digital communication (email updates) and may opt out at any time. COLORLAB may use works released to the public for marketing and internal purposes.
COLORLAB has net 20-day credit accounts available, with approved credit. COLORLAB requires customers to have on file authorization for credit-card usage by COLORLAB for amounts that are over 30 days past the invoice date. COLORLAB accepts American Express, MasterCard, Visa, and Discover. For clients without approved 20-day credit accounts, COLORLAB required that all jobs valued at $2,000 or more must be secure with half payments when the work is ordered.
By sending materials to COLORLAB the Customer agrees to these terms and conditions.