GENERAL CONDITIONS OF TRADING

Preamble – The purpose of this document is to set out in advance the fair practise agreed to between GENERAL POST TORONOTO and it’s CLIENTS. Also the employer and employee as brokered by General Post Toronto.

IT IS AGREED BETWEEN GENERAL POST TORONTO AND THE CUSTOMER
 
 1.     AGREEMENT
These general conditions shall govern all dealings between GENERAL POST TORONTO and the CUSTOMER to the exclusion of all other agreements, general terms and trading of the CUSTOMER or general conditions of the CUSTOMER or any other documents unless specifically agreed in writing by GENERAL POST TORONTO
2. DEFINITIONS
The head notes and preamble to these conditions are for reference purposes only and shall not in anyway affect the construction or interpretation of anything herein contained. Words signifying the singular number shall include the plural and vice versa and words importing the masculine gender shall include the feminine and neuter.
 
3. PRICE
3.1 The CUSTOMER will be charged for and will be liable for the charges in respect of all  services and facilities on the time basis as referred to in the booking sheet / deal memo.
3.2 GENERAL POST TORONTO reserves the right to vary at any time any published hiring or service charges. Should the customer be in possession of a valid quotation then the price in the quotation is applicable.
3.3 Any price quoted in any quote form or quotation shall only be in respect of the hours stipulated therein which quantity of hours is a rough estimate only. Should any services  or facility be used for any period of time in excess of the hours stipulated then the CUSTOMER will be liable for the additional time at the quoted rates thereof. Should any services  or equipment be used for any period of time shorter than that furnished in any quotation then the CUSTOMER will still be liable for payment of the full periods stipulated in such quotation.
3.4 All prices quoted or furnished are nett and no discounts whatsoever shall be allowed unless agreed to by GENERAL POST TORONTO in writing. 

4. CUSTOMER’S UNDERTAKINGS AND OBLIGATIONS
4.1 The CUSTOMER warrants that :
4.1.1 It has the right and authority to place orders and accept
Cost estimates in accordance with those terms and conditions and gives GENERAL POST TORONTO the right to make copies and duplications of the CUSTOMERS materials as required.
4.1.2 It shall not infringe any third party’s copyright or any other rights.
4.1.3 Its materials do not contain anything which in any way infringes any statute.
4.2 The CUSTOMER in breach of any warranty given to GENERAL POST TORONTO in terms hereof hereby indemnifies GENERAL POST TORONTO and holds them harmless against any loss arising from any claim including legal fees as well as damages and expenses incurred by GENERAL POST TORONTO which arise in any way whatsoever as a result of a breach of any such warranty. It is recorded that, even if the CUSTOMER is in breach of any warranty contained herein, the person or persons referred to therein shall in any event, be deemed to have been authorized.

 5PAYMENT
5.1 Should GENERAL POST TORONTOagree to the CUSTOMER being granted credit then all amounts payable by the CUSTOMER to GENERAL POST TORONTO shall be paid within 30 (thirty) days of the date of the statement reflecting the relevant invoice or invoices for the first time.
5.2 Overdue accounts will attract interest . Should any amount not be paid on due date then the CUSTOMER shall pay interest on the outstanding amount at the same rate of interest plus 2% as the best prime interest rate quoted by it’s bankers to GENERAL POST TORONTO from time to time.
5.3 In the event of any amount not being paid on due date by the CUSTOMER to GENERAL POST TORONTO then all further amounts owing by the CUSTOMER to GENERAL POST TORONTO shall immediately become due and payable.
5.4 In the event of a CUSTOMER tendering a cheque or any other negotiable instrument then payment will only be deemed to have been made once the said cheque or negotiable instrument has been met by the relevant bank or paying authority. Cost of dishonoured cheques will be added to clients bill.

6. STORAGE AND DISPOSAL OF THE CUSTOMER’S MATERIALS AND/OR TRIMS
61 GENERAL POST TORONTO has no facilities for the storage of CUSTOMER’s materials, which should be removed from GENERAL POST TORONTO premises as soon as possible after the completion of work. Whilst every effort will be made to look after and protect CUSTOMER’s materials while they are being use on GENERAL POST TORONTO premises, no responsibility whatsoever can be taken for loss of or damage to CUSTOMER’s materials whilst on GENERAL POST TORONTO premises.

7. GENERAL INDEMNITY
GENERAL POST TORONTO shall not be liable for any claim whatsoever being made by the CUSTOMER, the CUSTOMERS assigned clients or any party contracting with the CUSTOMER or any other party whatsoever as a result of the breach of copyright, breach of any other rights of third parties, contravening of any laws, ordinances, government regulations or similar sanctions arising out of any act of GENERAL POST TORONTO in selling any article or providing any service to the CUSTOMER and the CUSTOMER hereby indemnifies and agrees to hold. GENERAL POST TORONTO harmless against any such claim which might be made against GENERAL POST TORONTO which indemnity shall include and indemnify against all attorney and client costs incurred by GENERAL POST TORONTO on the "attorney and own client” scale.

8. SALE OF BUSINESS
If the CUSTOMER is an unincorporated business or partnership then notwithstanding the sale of business by the sole proprietor or partners (jointly and severally) at the date that the services were provided by GENERAL POST TORONTO to the CUSTOMER shall be liable for payment to GENERAL POST TORONTO for all amounts owing to GENERAL POST TORONTO in respect of the services provided.

9. DOMICILIA
9.1 The parties respectively choose their nominated address of business for all purposes of and in connection with these conditions and any agreement between the parties at the address printed on the face hereof for GENERAL POST TORONTO and at the address written on the credit application for the CUSTOMER.
9.2 All notices, demands and communications intended for the parties shall be made out and delivered to such party’s address for the time being. Such notice, demand or communication (and any envelope in which it is contained) shall be marked for the personal attention of the CHIEF EXECUTIVE where it is addressed to GENERAL POST TORONTO   In the absence of proof to the contrary any notice, demand or communication given to any party shall be deemed have been received by the addressee in ten (10) days after the posting by pre-paid registered post by airmail where airmail postal services are available or upon date of delivery in the event of being delivered by hand or telefax and not through the post.

10 GENERAL
10.1    These conditions constitute the whole and entire agreement between the parties. Any previous agreements in conflict with the provisions hereof contained are hereby cancelled and there are no agreements, representations or warranties between them other than those specifically set forth herein.
10.2 No indulgence on the part of either party in exercising any right conferred upon such party in terms hereof shall constitute a waiver of such rights, nor shall any single or partial exercise any right preclude any other or future exercise thereof or the exercise of any other right in terms hereof.
10.3 No variation or modification of these general conditions shall be of any force or effect unless the same shall be confirmed, in writing on a booking sheet/deal memo.

11 GENERAL POST TORONTO FREELANCE WORKING CONDITIONS:
(these are a summary only and must be read in conjunction with CPAT crew conditions of employment)
GENERAL POST TORONTO is an ADMIN service. It serves both EMPLOYER and the EMPLOYEE. It takes bookings, handles the booking procedures, does the billing and collects the funds on behalf of it MEMBERS. GENERAL POST TORONTO Is mandated by the CREW MEMBER to be authorised to bill and collect for work done by them on their behalf.
11.1 GENERAL POST TORONTO accepts no responsibility for the actions of CREW MEMBERS booked through it. the CREW MEMBER works under the supervision of the CLIENT. The Client is the EMPLOYER. The CREW MEMBER is the supplier of the service/work to the EMPLOYER.
11.2     Rates are for a Ten hour day. Overtime is charged there after.
11.3   If the CREW MEMBERS is offered permanent employment by the client subsequent to a GENERAL POST TORONTO booking,  It is recorded here that GENERAL POST TORONTO was the effective cause of introduction and therefore entitled to it’s permanent placement fee. (See clause 14 BOOKING FEE)

13 GENERAL POST TORONTO CANCELLATION AGREEMENT
13.1CANCELATION FEE'S ARE CHARGED IN CONSULTATION WITH THE CREW MEMBER BOOKED. IT COULD BE WAIVED AT THEIR DISCRETION WITH GENERAL POST APPROVAL. A booking is deemed cancelled if postponed for longer than 21 calendar days within five days of the first day of the booking
If Production cancels five (5) days, or less, before the first (1st) proposed shoot date all booked crew will be paid in full.
13.2 Cancellation fee will be Charged as follows: 100% for day 1 & 2. 50% for Day 3 to 5. 25% for Day 6 to 10. 5% for the balance.
13.3 Replacement crew – GENERAL POST TORONTO will endeavour to replace a CREW member who can no longer perform a booking (whether they have commenced work or not) GENERAL POST TORONTO can however not accept responsibility for any loss or delay caused by a CREW MEMBER leaving a position for any reason whatsoever. GENERAL POST TORONTO does not accept liability in any way for the actions of its CREW MEMBERS and can not accept responsibility in the event that the replacement CREW MEMBER is of a different rate.

14 GENERAL POST PERMANENT PLACEMENT FEE - RECRUITERS
14.1 Permanent Placement Employment – 10% (+gst/pst/hst where/when applicable) of ANNUAL  salary.
14.2 These fee’s and percentages may change from time to time without prior notice.
       
...end/
last revised 18th jan 2010