GENERAL CONTRACTING CONDITIONS

We recommend carefully reading the following general contracting conditions as they are applicable to all rentals contracted with Napalm Rentals SL and are immediately applicable after the acceptance of the budget.

You can consult the complete general contracting conditions on our website: www.napalmrentals.com.

Napalm Rentals SL is a Spanish company registered in the Mercantile Registry of Barcelona with company number: volume
46789 folio 94 page B-530960 entry 1, with CIF B-67170274 and with registered office at calle Llull nº48 6-2, 08005 Barcelona .

1. ORDERS

To consider the material as reserved, the estimate presented by Napalm Rentals must have been accepted by
the client and confirmed in writing by Napalm Rentals.

2. PRICES, INSURANCE AND DURATION OF THE CONTRACT

The agreed amount for the rental of the material is stipulated in the budget. The amount must be paid IN ADVANCE to Napalm Rentals SL. The contract will be valid for the duration stipulated in the budget document.

The prices described are in euros and do not include the value of VAT or the value of 6% insurance, which are included in
the budget separately. In no case the prices include the transport of the equipment.
Napalm Rentals has a shuttle service. If requested, the cost will be broken down separately.
Prices are valid except for typographical or printing errors. The catalog, rates and other informative texts used by Napalm Rentals constitute an indication of the amount and range of the products offered, but in no case will the amount,
description or characteristic be considered mandatory for Napalm Rentals.
The equipment rented at Napalm Rentals is insured with a mandatory insurance of 8% of the rental value. This 8% of the rent will be applied to all rentals and will be shown in the client's final budget.

The client may, alternatively, take out personal insurance for the material in question, having to provide a certificate of this that shows that the value of the insurance is equal to or greater than that offered by Napalm Rentals.

3. DEPOSIT

Napalm Rentals may require a deposit for the rented material that will be liable for damages due to breach of contractual obligations and for damages caused to the material and / or its accessories, without prejudice to the provisions of
clause 7 on insurance coverage. . The value of the deposit is always detailed in the budget.

The deposit is calculated depending on the value of the rented equipment. This deposit will be refunded once the rented material has been returned and the payment has been made. The value of the deposit will never exceed the value of the rented equipment. At the time of the return of the material, the deposit will be returned in full as long as all the material described in the corresponding delivery note is in perfect condition. Napalm Rentals reserves the right to return the deposit until 72 hours after the return of the material.

4. TRANSPORTATION AND TECHNICAL SERVICE

Transportation service is not included in the rental of the material.
Napalm Rentals offers a transport service (delivery and collection of material). If specified, the price and conditions of the service will be stipulated in a separate estimate. The service will be subject to availability by Napalm Rentals.

Two types of transport services are offered:

1. Delivery and collection of the material at an agreed place and date.
2. Support service by Napalm Rentals technicians during the use of the material during the rental period. Includes van transport service, delivery and collection of material.
The technicians will in any case be under the responsibility of the contracting company. Napalm Rentals will not be liable for damages that may occur to the equipment during the rental period.

5. METHOD OF PAYMENT AND PREVENTION OF NON-PAYMENT

The full amount of the agreed price must be paid to Napalm Rentals SL before the material is collected. From the third contract made with Napalm Rentals SL, the client may benefit from a period of 30 calendar days to make the
entire payment.
Payments can be made in cash, by card or by transfer. If a bank transfer is preferred, the full agreed price must be reflected in the Napalm Rentals account before the equipment is delivered.
Delays in the payment term foreseen and agreed by both parties will cause an interest surcharge at the legally established rate. In this case, a delay penalty equivalent to one and a half times the legal interest rate will be applied.

6. COLLECTION AND CHECKING OF THE EQUIPMENT

The rental contract is formalized with the acceptance of the material by the client at the time of delivery. The person who withdraws the material will sign the "delivery note" with the acceptance of our general conditions. In all cases,
Napalm Rentals will consider that the person to whom the material is delivered and who will sign the contract has been duly authorized to carry out this action on behalf of the contracting party. To proceed to remove a
contracted equipment , every client, or failing that, the contracted carrier, must identify himself by means of his DNI or NIE or passport. No other document will be valid.
For security reasons, said document will be scanned and stored together with the documentation of the commercial transaction, following the provisions of the Organic Law on Data Protection. After the time stipulated by the LOPD, the documentation will be destroyed.
The client must personally take charge (assigning a technician or competent person) for the verification of all the contracted equipment and to make sure that all the material requested in the budget has been made available. Once
this check is done, the contract is signed. As of this moment, the material remains under the responsibility of the client and Napalm Rentals SL will be exonerated of all responsibility regarding the state and the quantity of material made available to the client.

7. EXTENSION OR MODIFICATION OF ORDERS

If an extension to the rental of the equipment or a modification of the dates is required, it is recommended that it be carried out as far in advance as possible. Napalm Rentals reserves the right not to extend or modify a reservation based on availability reasons.

8. EARLY RESOLUTION OF THE RESERVATION OF THE EQUIPMENT

When the material has been reserved by accepting the budget, in case of cancellation of the reservation within a period of less than 24 hours, the client will be charged 50% corresponding to the rental of one day of the material .

9. PROTECTION OF PERSONAL DATA

In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and the regulatory standards that are complementary, Napalm Rentals SL informs you that The personal data provided will be incorporated into a file of your responsibility for the purpose of managing the service and the contractual relationship. Respecting the provisions of current legislation, Napalm Rentals undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
The data protection regulations allow you to exercise your rights of access,
rectification, opposition, deletion, limitation of treatment, portability and not being the subject of individualized decisions before the person responsible for the treatment.
You can exercise them by contacting the person responsible for the processing of personal data collected by Napalm Rentals SL: Max de Rosselló with NIF: 48094682A

GENERAL EQUIPMENT RENTAL CONDITIONS (terms and conditions of equipment rental)

All equipment contracted with NAPALM Rentals SL are subject to the following clauses. By contracting with Napalm Rentals it is understood that the client knows and has accepted the following terms and conditions.

1. GENERAL ASPECTS

Napalm Rentals SL is a Spanish company registered in the Mercantile Registry of Barcelona with the following company number: volume 46789 folio 94 page B-530960 entry 1, with CIF B-67170274 and with registered office at calle Pere IV nº78, 08005 Barcelona.
We recommend carefully reading the following general contracting conditions as they are applicable to all rentals contracted with Napalm Rentals SL and are immediately applicable after signing the contracted budget.
The rental contract is formalized with the acceptance of the material by the client at the time of delivery. The person who withdraws the material will sign the "delivery note" with the acceptance of our general conditions. In all cases,
Napalm Rentals will consider that the person to whom the material is delivered and who will sign the contract has been duly authorized to carry out this action on behalf of the contracting party.

2. OWNERSHIP OF THE EQUIPMENT

The equipment is owned by Napalm Rentals or made available by third parties and is under its custody and responsibility. The subletting of rented equipment from Napalm Rentals is prohibited except with specific prior written authorization.

3. RESPONSIBILITIES ASSUMED BY THE CLIENT

By signing the contract, the client acknowledges having checked that the material is in good working order and in good technical and aesthetic condition, as well as having verified that all the required material has been made available. No claim will be accepted once the material has left our facilities.
The client agrees to guard the rented material diligently and professionally. The client undertakes to protect the material from weather conditions and to take all the necessary precautions for its preservation and
safety. The client will respond to Napalm Rentals, SL for all damages that may be caused while the material is under his responsibility, that is, from the moment the client collects the material until he has returned all the rented material .
The client must avoid putting the rented material in any situation of risk of causing damage or loss.
In addition, the client undertakes to inform Napalm Rentals SL in advance and request its express acceptance, in the event that the material is to be available for any risk recording (aquatic, aerial recordings, generated by moving vehicles and any situation similar). For this reason, Napalm Rentals SL reserves the right to change the rental conditions, even not accepting said uses and canceling the contract.
The client agrees not to alter, disassemble, transform, amend or carry out any similar action on the rented material.
The customer can entrust the operation of the equipment only to competent technicians who know the operation of the rented equipment. Napalm Rentals does not assume any training obligation and the client will be responsible for damages related to misuse.
The costs related to damage or loss of the material in transit, or immobilization of the material in customs, will be borne by the customer.

4. COLLECTION AND VERIFICATION OF THE EQUIPMENT

The client must personally take charge (assigning a technician or competent person) for the verification of all the contracted equipment and to make sure that all the material requested in the budget has been made available. Once this check is done, the contract is signed. As of this moment, the material remains under the responsibility of the client and Napalm Rentals SL will be exonerated of all responsibility regarding the state and the quantity of material made available to the client.

5. SAFETY RULES

To proceed to remove a contracted equipment, every client, or failing that, the contracted carrier, must identify himself by means of his DNI or NIE or passport. No other document will be valid. For security reasons, said document will be scanned and stored together with the documentation of the commercial transaction, following the provisions of the Organic Law on Data Protection. After the time stipulated by the LOPD, the documentation will be destroyed.

6. WARRANTY

In the event of any equipment breakdown, the client must immediately notify Napalm Rentals and bring or send said equipment to its facilities. In the event of a breakdown, Napalm Rentals undertakes to offer a replacement for the equipment in question if there is availability. If the Napalm Rentals technicians determine that there is no fault or that its malfunction has been the result of misuse, the customer will be charged the price of the replacement equipment.
For reasons of urgency and taking into account the transport time, the customer may request the delivery of a replacement equipment before returning the equipment allegedly damaged. In the event that the Napalm Rentals technicians do not find any fault, the price of the two equipment will be invoiced to the client.
In no case Napalm Rentals will be responsible for covering the costs incurred by the transport due to breakdowns, this will be the responsibility of the client.

6. INSURANCE

The equipment rented from Napalm Rentals is covered by mandatory insurance equal to 8% of the rental value. This 8% will be applied to all rentals and will be shown in the customer’s final quotation.

Alternatively, the customer may take out personal equipment insurance. This must be Civil Liability insurance with coverage for third-party property in relation to the equipment in question. The customer must provide a certificate showing that the insured value is equal to or greater than that offered by Napalm Rentals. If not, the customer must assume the financial consequences of any incident affecting said equipment.

This contract provides coverage for audiovisual and/or photographic equipment, as well as its accessories and complements, owned by Napalm Rentals SL, exclusively during the agreed rental period.

For the coverage to be valid, the rented equipment must be properly detailed in the contract signed and accepted by both parties, expressly including the agreed rental period.

Coverage becomes effective from the moment the equipment is under the responsibility of the renter and ends once it has been returned to NAPALM RENTAL, S.L.

Coverage is provided during transport (by any means), assembly, stay and use at the filming and/or shooting location, as well as dismantling and the return journey, ending when the equipment is delivered to its owner.

Coverage includes:

The equipment insured under this contract is covered against all risks of loss, damage or expense resulting from:

• Fire or explosion, lightning strike and fire extinguishing
• Theft and related damage
• Collision, overturning, impact and falling objects
• Abnormal natural phenomena
• Water or moisture damage
• External damage due to inexperience, negligence or malicious acts
• Other external causes not expressly excluded
• Damage during transport

Conditions and limitations for theft coverage:

When the equipment is stored in a vehicle, theft is covered provided that the following measures are met:

• If parked on a public road, it must be for a short duration and during daytime
• Equipment must not be visible from outside
• The vehicle must be locked and all installed security measures activated
• If equipment is left overnight in a vehicle, it must be parked in secured areas such as parking lots, garages or other monitored locations

In case of theft, a report must be filed with the authorities at the nearest location to where the incident occurred.

Exclusions:

The following incidents are not covered:

• Breakdowns or damage resulting from use, natural wear and tear, inherent defects or the nature of the insured items
• Losses (items not returned)
• Negligence
• Electrical and/or magnetic damage
• Design or material defects
• Scratches or marks that are purely cosmetic and do not affect functionality
• Damage to software installed on the equipment
• Biological and/or chemical contamination
• Fraud or theft without force (“hurto”)
• Use under extreme conditions such as filming on vessels or aircraft (including drones), participation in sports competitions (e.g. regattas, motorbike or car races), wars or riots
• Damage, scratches or breakage of glass
• Breakage or loss of lamps or bulbs
• Damage or expenses attributable to intentional or negligent conduct by the customer
• Damage or expenses caused by insufficient or inadequate packaging or preparation of the insured item to withstand normal transport incidents
• Loss of data in general

Any incident must be reported by the customer within 24 hours of occurrence. In case of damage, the customer agrees to return the equipment immediately to Napalm Rentals for assessment of the extent of the damage.

In the event of a claim not covered by the insurance, compensation will be the responsibility of the customer and will be based on the replacement cost of new equipment.

In all such cases, the customer is responsible for replacing or compensating Napalm Rentals for damaged, lost or missing equipment within 7 calendar days.

This insurance includes a deductible payable by the customer of €300. If the damage exceeds €99,999.99, the deductible will be €5,000. If the damage exceeds €350,000.00, the renter will assume the total cost.

Coverage for equipment declared by the policyholder as being in use within the European Union will apply not only in Spain (mainland and islands) and Andorra, but also in the following EU member states: Germany, Austria, Belgium, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Netherlands, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Portugal, United Kingdom, Czech Republic and Sweden. Coverage also extends to the following countries bordering the EU: Andorra, Vatican City, Liechtenstein, Norway, Monaco, Switzerland and San Marino.

If the equipment is to be used in excluded countries or outside continental Europe, Napalm Rentals SL must be notified at least 10 days in advance in order to arrange an extension of the insurance, which may involve an additional cost and carries a deductible of 15% of the claim amount, with a minimum of €300 (excluding countries at war or in undeclared armed conflict).

In case of use under extreme conditions, additional insurance may be arranged, provided there is prior knowledge and express agreement from Napalm Rentals SL.

The contract may be terminated by either party before its end date. It will be considered terminated upon the return of the equipment to the Napalm Rentals premises. Rental charges will apply until the moment the equipment is returned.

If any discount has been applied, Napalm Rentals reserves the right to review and revoke such discounts if they were conditional upon the originally agreed contract duration.

8. PRICES AND DURATION OF THE CONTRACT
The agreed amount for the rental of the material is stipulated in the budget. The amount must be paid IN ADVANCE to Napalm Rentals SL. The contract will be valid for the duration stipulated in the budget document.
The prices described are in euros and do not include the value of VAT or the value of the 6% insurance, which are included in the budget separately. In no case the prices include the transport of the equipment.
Napalm Rentals has a shuttle service. If requested, the cost will be broken down separately.
Prices are valid except for typographical or printing errors. The catalog, rates and other informative texts used by Napalm Rentals constitute an indication of the amount and range of the products offered, but in no case will the amount,
description or characteristic be considered mandatory for Napalm Rentals.

9. QUOTE
In order to consider the material as reserved, the estimate presented by Napalm Rentals must have been accepted by the client and confirmed in writing by Napalm Rentals.

10. EARLY TERMINATION OF THE CONTRACT AND THE RESERVATION OF THE MATERIAL
The contract may be terminated by both contracting parties before its end date. The contract will be considered terminated at the time of delivery of the material at the Napalm Rentals location. The collection of the days of rented material will run until the moment of delivery of the material.

In the event that a discount has been applied to the client, Napalm Rentals reserves the right to review and reverse the application of said discounts that were conditional on the duration of the contract for the initially stipulated time .
When the material has been reserved by accepting the budget, in case of cancellation of the reservation within a period of less than 24 hours, the client will be charged 50% corresponding to the rental of one day of the material.
Modification of the agreed reservation dates is allowed, with prior notice within a reasonable time, but they will always be subject to availability by Napalm Rentals.

11. EXTENSION OF RESERVATIONS
If an extension of the equipment rental is required, it is recommended that it be carried out as far in advance as possible.
Napalm Rentals reserves the right not to renew or extend a reservation based on availability reasons.

12. LATE RETURN OF THE MATERIAL
In the event that the material is not returned on the date stipulated in the contract without prior notice to Napalm Rentals and with its express acceptance, it will be considered that the contract is still valid and will be applied a price of 150% of the rental value per day of delay. In those cases in which the delay is greater than 24 hours, Napalm Rentals SL, in addition to
requiring the payment of the increased daily rate, will immediately proceed to take the appropriate legal actions.

13. METHOD OF PAYMENT
The full amount of the agreed price must be paid to Napalm Rentals SL before the material is collected. From the third contract made with Napalm Rentals SL, the client may benefit from a period of 30 calendar days to make the
entire payment.
Payments can be made in cash, by card or by transfer. If a bank transfer is preferred, the full agreed price must be reflected in the Napalm Rentals account before the equipment is delivered.

14. PREVENTION OF DELAYS
Delays in the payment term foreseen and agreed by both parties will cause an interest surcharge at the legally established rate. In this case, a delay penalty equivalent to one and a half times the legal interest rate will be applied.

15. RETURN OF EQUIPMENT
The equipment must be returned to the Napalm Rentals SL location where they were initially collected. The client will be in charge of verifying at the time of the return of the equipment, that all the rented material is found and in the
same state in which it was initially delivered. In case of having contracted the transport service, the return of the equipment and the verification of the equipment will be carried out by the Napalm Rentals technicians. However, this does not exempt the customer from the obligation to carry out the appropriate checks before transport.

16. DEPOSIT
Napalm Rentals may require a deposit for the rented material that will be liable for damages due to breach of contractual obligations and for damages caused to the material and / or its accessories, without prejudice to the provisions of
clause 7 on the insurance coverage. The value of the deposit is always detailed in the budget.
The deposit is calculated depending on the value of the rented equipment. This deposit will be refunded once the rented material has been returned and the payment has been made. The value of the deposit will never exceed the value of the rented equipment. At the time of the return of the material, the deposit will be returned 100% as long as all the material described in the corresponding delivery note is in perfect condition. Napalm Rentals reserves the right to return the deposit until 72 hours after the return of the material.

17. TRANSPORTATION AND TECHNICAL SERVICE

Transportation service is not included in the rental of the equipment.
Napalm Rentals offers a transport service (delivery and collection of material). If specified, the price and conditions of the service will be stipulated in a separate estimate. The service will be subject to availability by Napalm Rentals.
Two types of transport services are offered:
1. Delivery and collection of the material at an agreed place and date.
2. Support service by Napalm Rentals technicians during the use of the material during the rental period. Includes van transport service, delivery and collection of material.
The technicians will in any case be under the responsibility of the contracting company. Napalm Rentals will not be liable for damages that may occur to the equipment during the rental period.

18. CUSTOMS

The client must notify Napalm Rentals SL on the date of signing the contract or at any later time, the departure of the equipment abroad within the rental period.
If a Napalm Rentals equipment needs to be transported to a non-European Union country, the client must ensure that the equipment is accompanied by the necessary documentation. This documentation must be managed by the client.
Napalm offers a customs management service for a price of € 50 per ATA carnet plus all the costs involved in creating an ATA carnet. Any bureaucratic management that has not been expressly contracted in advance, as well
as the immobilization of equipment in customs generating a delay in the return of the equipment will be invoiced to the client.

19. APPLICABLE LAW AND JURISDICTION

This contract is governed and interpreted according to Spanish law. The parties, for the execution and interpretation of the clauses of these general contracting conditions, waiving their own jurisdiction if it were another, submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona.
In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and the regulatory standards that are complementary, Napalm Rentals SL informs you that the personal data provided. They will be incorporated into a file of your responsibility for the purpose of managing the service and
the contractual relationship. 

Respecting the provisions of current legislation, Napalm Rentals undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

The data protection regulations allow you to exercise your rights of access,
rectification, opposition, deletion, limitation of treatment, portability and not being the subject of individualized decisions before the person responsible for the treatment.

You can exercise them by contacting the person responsible for processing the personal data collected by Napalm Rentals SL: Max de Rosselló with NIF: 48094682A 

Address: Prere IV 78, 08005 Barcelona Contact email: info@napalmrentals.com Napalm Rentals SL reserves the Right to modify the general contracting conditions when necessary and without prior notice.