Archived posting to the Leica Users Group, 2001/10/09
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Pascal, I have serious doubt about your ability to win a case against FNAC or Littocolor in a court. They would probably be able to point to their general terms and conditions, which, even if they are not printed on the bag, probably are available for perusal somewhere and which you are implicitly judged to have accepted when handing in the film. They will probably successfully argue that you are not a pro photographer, that you went to Switzerland on vacation and not on a photo assignment, and that therefore you are not entitled to claim anything related to travel expenses etc. However, sending threatening letters to the manager of FNAC is free and may get you a better result than the standard roll of unprocessed film... Nathan Pascal wrote: > thanks for these quick insights Gerry. > > Yes, that is the usual standard disclaimer. However, I examined carefully > the bag into which the film had been sent to the processor. Normally this > disclaimer figures printed on that bag. > It is not the case with the bag of the FNAC whose services I used. (film was > handed in at FNAC, they use Littocolor (Kodak lab) as their processor). > Nothing is printed on the bag as to responsibilities in case of loss etc. > And it also doesn't say anything in the sense that use of their services > would entail acceptance of general conditions whatsoever... > > Pascal > NO ARCHIVE > > ----------- > See my Leica pages at http://www.leicapages.com > ---------- > <<< PGP public key available on request >>> > > > -----Original Message----- > > From: owner-leica-users@mejac.palo-alto.ca.us > > [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of > > Gwpics@aol.com > > > Regretfully there is normally a disclaimer somewhere saying that > > acceptance of material for processing is on condition that > > liability is limited to the value of the film. There is, however, > > a overriding condition generally in European law that no contract > > may contain unfair conditions, and people have taken legal action > > in the past on this point against film companies and won. It > > could be a long, drawn out process and you may lose. I think I > > would threaten heavily and come to a comprimise if that is at all > > possible. I think that the fact hat you are not professional is > > irrevelant although obviusly your losses will be less. > > -- > To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html - -- Nathan Wajsman Herrliberg (ZH), Switzerland e-mail: wajsman@webshuttle.ch Photo-A-Week: http://www.wajsman.com/ General photo site: http://belgiangator.tripod.com/ Belgium photo site: http://members.xoom.com/wajsman/ - -- To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html