1. scope of application
Our General Terms and Conditions apply to all our services. Deviating purchase regulations of the customer are only binding on us if we confirm them expressly and in writing.
2. conclusion of contract
The customer is the person who has initiated the execution of the order – in writing or verbally – even if the invoice is issued to a third party, i.e. he is fully liable for the invoice amount in addition to the third party. If the order is placed in the name and for the account of a third party, this must be expressly pointed out to us when the order is placed. We are under no obligation to verify the authority of the order transmitter.
Oral orders become binding when the client has created the conditions for order processing. In this case the calculation is carried out according to our current price list.
We are only obliged to confirm the order in writing if this is expressly requested by the customer.
Our offers are always subject to change without notice with regard to price and delivery time. We are bound to project-related offers for one month.
3. delivery periods
Delivery and production deadlines are subject to unforeseen obstacles; if these have a considerable effect on the timely performance of the contract, the performance deadlines shall be extended accordingly. In such a case we are also entitled to withdraw from the contract – except in cases of gross negligence. If we are to blame for the delay, the customer can withdraw from the contract after he has set a reasonable period of grace. Further claims are excluded. Partial deliveries are permissible.
4. Dispatch and transfer of risk
All services, deliveries, deliveries and returns are at the expense and risk of the customer. Unless otherwise agreed, the choice of means of transport is left to us. The risk of loss or damage to the work shall pass to the customer upon dispatch to the customer, at the latest upon leaving the contractor’s premises. This applies irrespective of whether the work is dispatched from the place of performance or who bears the shipping costs.
5. Prices and terms of payment
Our prices are net prices ex our place of business; they do not include packaging, freight, postage and insurance. If the payment deadline is exceeded, we shall be entitled to charge reasonable interest on arrears, at least 5% above the base interest rate of the European Central Bank.
If there is a period of more than three months between order confirmation and delivery date, we reserve the right to change the price, unless an express fixed price has been agreed. Cheques and bills of exchange shall only be accepted by special agreement and only on account of payment, with all collection and discount charges being charged.
6. Retention of title
The delivered goods and works remain our property until full payment of the order amount and payment of all past and future deliveries within the business relationship (in the case of payment by cheque and bill of exchange until they have been honoured and credited to our account). In the case of film processing, the client’s image and sound carriers are transferred to us as security. The return does not mean a waiver of this security; on the contrary, it is already now agreed that the goods will be stored for us free of charge in these cases.
In the event of damage caused by technical defects, power failures or other circumstances, we are only obliged to replace the raw material. Production and admission costs, fee and fee claims are excluded from liability. A warranty claim is limited, at our discretion, to the right to rectification of defects or replacement delivery. In the event that a subsequent improvement should fail several times, there is a right to reduction or conversion. The warranty obligation only exists if we have been notified in writing of obvious defects within one week of receipt of the goods. Video tapes must be checked immediately upon receipt.
8. copyrights and ancillary copyrights
Insofar as copyrights, exploitation rights or other property rights to our services exist, these shall only pass to the customer by written agreement. In such cases a further transmission is not permitted.
Intervideo reserves the right to publish film sequences and set photos for its own advertising purposes, irrespective of any transfer of rights.
The spatial and temporal expansion of agreed performance and distribution rights as well as the increase in circulation require our written consent. The customer is liable for damages and additional claims which we incur as a result of exceeding spatial and temporal distribution limits.
Rights on the part of GEMA are in principle not transferable and therefore cannot be settled by payments to us.
If works protected by the client such as music, language or other creative services are submitted for processing or use within the scope of an order, the clarification of all possible rights thereto shall be incumbent on the client. We are not obliged to verify to what extent the content or use of this work violates legal regulations. If this is the case, the customer is liable for all resulting disadvantages or damages.
9. liability for image and sound material
We only assume liability for image and sound material left behind in the studio up to the material value of the carrier material and up to a maximum of 3 months after invoicing of the relevant project.
We are liable for processing damage to third-party image or sound material up to the material value of the carrier material.
If irretrievable or difficult to replace picture and sound material is left to us, the risk for loss or damage lies with the client. He is responsible for making back-up copies or taking out supplementary insurance if necessary.
10. production cancellations
If an order is not executed for reasons for which we are not responsible, we are entitled – without the need for proof of damage – to a default sum of 50% of the calculated order sum. An order that cannot be completed for reasons beyond our control will be invoiced in full. An order is deemed to have commenced when the contractually owed service according to the offer has been commenced. The customer is free to prove that no damage at all or only to a significantly lesser extent has occurred.
11. postponement of filming dates
In case of short-term cancellations or postponements of shooting dates by the client, the following cancellation fees for the recording team and actors shall be deemed agreed:
Cancellations made 5 to 3 business days before the scheduled shooting date: 50% of the fees for the recording team and the fees for the actors. In addition, there are the costs for the re-organization of the shooting including external costs such as filming permits and the like.
For cancellations within 3 working days, but at least 1.5 working days before the scheduled shooting date: 75% of the fees for the recording team and the fees for the actors as well as 50% of the rent for the equipment. In addition, there are the costs for the re-organization of the shooting including external costs such as filming permits and the like.
Cancellations made less than 1.5 working days prior to the scheduled shooting date will be charged for the total calculated shooting costs.
Working days are Monday to Friday.
Delays in performance due to force majeure and circumstances within the area of responsibility of the client (e.g. late provision of cooperation services, delays by third parties attributable to the client, etc.) entitle us to postpone the provision of the services concerned for the duration of the impediment plus an appropriate start-up period.
If the production process is delayed by more than 6 months due to circumstances in the area of responsibility of the customer, we are entitled to withdraw from the contract. Expenses incurred up to that point must be borne by the client.
12. Place of performance
Place of performance and jurisdiction for both parties is Mainz.
– valid from June 2013 –