General terms and conditions (01.02.2013)
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):
- 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)
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.
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.
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.
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.
Unless otherwise agreed, the following way of payment is stipulated:
- 1⁄3 after optimization of the first script version or conception
- 1⁄3 after completion of shooting resp. after design creation
- 1⁄3 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.
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