General terms and conditions (01.02.2013)

1) Costs

The pro­duc­tion costs are of the amount set in the order/contract plus the statu­tory value-added tax. If a price per min­ute is arranged the amount is cal­cu­lated by the actual pro­duc­tion length with­out the tech­ni­cal cred­its. The cal­cu­la­tion of the par­tial ser­vices is based upon the prospec­tive pro­duc­tion length. The price does not include (except listed explic­itly):

  • copies
  • for­eign lan­guage ver­sions
  • travel costs:
    Trav­els are to arrange with the cus­tomer in advance. The travel costs are cal­cu­lated accord­ing to the rate of tax­a­tion.
  • trans­for­ma­tion from Ger­man to inter­na­tional TV sys­tems (NTSC, Secam)
  • copy­rights for music (Gema fees and pub­lish­ing charges)

2) Rights

After the set­tled amount has been fully paid, the rights for the appointed and com­pleted pro­duc­tion are exclu­sively con­ferred upon the cus­tomer. This does not include the usage rights for cam­era tapes and other exposed or recorded mate­ri­als. Unless oth­er­wise agreed, the use of ideas, texts or graph­ics, pho­tographs, films ect. are lim­ited to pur­pose and dura­tion of the order. Any dif­fer­ent and addi­tional use, for exam­ple the use of ideas abroad, the use of the pro­duc­tions in other appli­ca­tions (Inter­net, CD- rom) is to be arranged and cal­cu­lated addi­tion­ally. ref­erenz film GmbH has the right to use the fin­ished pro­duc­tion on the pur­pose of demon­stra­tion.

3) Lia­bil­ity

In the case of cul­pa­bly caused losses or dam­ages of orig­i­nal films, video tapes or other rare mate­ri­als which were handed over to the pro­ducer by the client for han­dling or cus­tody, the lia­bil­ity of the pro­ducer is lim­ited to the com­pen­sa­tion of rare mate­ri­als or unrecorded tapes in the same length as the dam­aged or lost items. In all other dam­age events, regard­less of the legal ground or mat­ter of fact, the pro­ducer assumes the same lia­bil­ity as in per­sonal mat­ters. In cases of force majeure, strikes or lock­outs, as well as for the con­duct of sup­pli­ers, the pro­ducer does nor assume any lia­bil­ity. For the rest the customer‘s claim of per­for­mance is not touched.

4) Insur­ance

The pro­duc­tion com­pany does not insure all items and mate­ri­als handed over to the pro­ducer. Hence the cus­tomer has to care for suf­fi­cient insur­ance cov­er­age for the mate­ri­als he passes over to the pro­ducer.

5) Pro­duct accep­tance

After ter­mi­na­tion of the pro­duc­tion an accep­tance meet­ing takes place. There mod­i­fi­ca­tions, if claimed by the cus­tomer, are logged. These mod­i­fi­ca­tions are exempt from charges, if they had not been obvi­ous at prior pre­sen­ta­tions. The costs for mod­i­fi­ca­tions due to the customer‘s neg­li­gence, for exam­ple adjust­ments of text, are cal­cu­lated addi­tion­ally. The pro­ducer makes the agreed mod­i­fi­ca­tions rapidly. The cus­tomer accepts them at an addi­tional pre­sen­ta­tion. Fur­ther adjust­ments have to be paid by the cus­tomer. Tech­ni­cal claims and recla­ma­tions must be made promptly, within two weeks from accep­tance at the lat­est, in writ­ten form. The cus­tomer assumes respon­si­bil­ity to send, if requested, the items in ques­tion imme­di­ately to the con­trac­tor, or a third per­son, for exam­i­na­tion. If claims are jus­ti­fied and on time, the pro­ducer is only oblig­ated to make mod­i­fi­ca­tions accord­ing to his tech­ni­cal oppor­tu­ni­ties. If the mod­i­fi­ca­tions fail the cus­tomer has the right to reduce the pay­ment.

6) Oblig­a­tions of the Buyer

The orderer assumes respon­si­bil­ity to sup­port the pro­duc­tion aim with all means at his com­mand. He names, in writ­ten form, an employee who is con­cerned with and respon­si­ble for the pro­duc­tion. This employee is explic­itly autho­rised to exe­cute legally effec­tive dec­la­ra­tions in the fol­low­ing cases:

  • 1. pro­duc­tion exten­sions
  • 2. change of the pro­duc­tion aim or the pro­duc­tion dates
  • 3. thereby incur­ring addi­tional costs

Fur­ther­more he is respon­si­ble for the punc­tual and appro­pri­ate han­dling of all ser­vices and duties the orderer has taken over in con­nec­tion with the pro­duc­tion.

7) Deliv­ery times and dates

All deliv­ery times and dates stated by the pro­ducer are not fixed, but adhered to best pos­si­ble. In cases of force majeure, non-deliv­ery by sup­pli­ers, oper­at­ing or traf­fic inter­fer­ences and strikes, stip­u­lated dates and deliv­ery times are post­poned resp. delayed accord­ing to the dura­tion of these events.

8) Dis­patch

Con­sign­ments are made at buyer’s risk and expense. The risk is passed over to the cus­tomer when the object is handed over to the per­son charged with the trans­porta­tion. If trans­ported with own vehi­cles the pro­ducer assumes lia­bil­ity as in per­sonal mat­ters.

9) Pay­ments

Unless oth­er­wise agreed, the fol­low­ing way of pay­ment is stip­u­lated:

  • 13 after opti­miza­tion of the first script ver­sion or con­cep­tion
  • 13 after com­ple­tion of shoot­ing resp. after design cre­ation
  • 13 after accep­tance by the cus­tomer

Pay­ments by drafts and checks are not valid before pay­ment has come in on our account. The orderer´ s right to ascer­tain deduc­tions is lim­ited to legally estab­lished claims and he may only assert deduc­tions due to claims of the same con­tract. If pay­ment is delayed, the orderer has to pay default inter­ests of 11%, unless a higher or lower dam­aged caused by the delay is proved. In the event of delay in pay­ment, con­sid­er­able decline in cap­i­tal, ces­sa­tion of pay­ment or insti­tu­tion of bank­ruptcy or com­po­si­tion pro­ceed­ings of the cus­tomer, the pro­ducer is enti­tled to can­cel any exist­ing con­tracts with the cus­tomer. In the case of con­sid­er­able, breaches of con­tract dunned in writ­ten form, delay in pay­ment or con­sid­er­able decline in cap­i­tal, ces­sa­tion of pay­ment or insti­tu­tion of bank­ruptcy or com­po­si­tion pro­ceed­ings of one of the con­tract­ing par­ties, the other party is enti­tled to step down from any exist­ing con­tracts.

10) Mis­cel­la­neous

Agree­mentsUn­less agreed oth­er­wise, the orderer has the del cred­ere for all orders to third par­ties, which are given to them in the con­nec­tion of the con­tract. These orders have to be arranged with the cus­tomer in advance. The pro­ducer is enti­tled to list the buyer on his cus­tomer list and to name him as ref­er­ence, under the con­di­tion that the cus­tomer has granted a per­mit there­fore, in par­tic­u­lar after the accep­tance of the pro­duc­tion. The con­trac­tor assumes respon­si­bil­ity to return at any time, at the lat­est after the com­ple­tion of the pro­duc­tion, the customer‘s prop­erty, includ­ing any copies and abstracts. Both par­ties stip­u­late utmost dis­cre­tion with­out time limit about any com­pany-inter­nal knowl­edge acquired dur­ing the shoot­ings.
The fol­low­ing copy­right note is added on the pro­duc­tion at an ade­quate posi­tion:
“A ref­erenz film pro­duc­tion”

11) Place of Juris­dic­tion

The place of juris­dic­tion is Bam­berg, Ger­many.

Copy­right by ref­erenz film 2013