General Terms and Conditions
§ 1 All goods and services, deliveries, shipments and returns will be for the client’s account and at the client’s own risk. The person who initiated the order – whether orally or in writing – is the client, even if he / she requests the invoice be issued to a third party. That means that the client, as well as the third party, is liable for the full invoice amount. If the order is placed in the name of and for the account of a third party, the contractor must be explicitly informed about this at the time the order is placed. The contractor is not obliged to check the authority of the negotiating party.
§ 2 The contractor is only obliged to compose a written acceptance of order if this is explicitly demanded by the client.
§ 3 If protected works, music or speech are used in the orders at the request of the client, it is incumbent upon the client to clarify any third party rights. The contractor is not bound to verify the extent to which the content of orders placed infringes statutory provisions. In the event of an infringement of statutory provisions, the client is responsible for all resulting detriments or damages.
§ 4 Liability can only be accepted for audio and graphic material left with us up to the material value of the carrier material and for a maximum period of 3 months after invoicing.
§ 5 In the event of damage to third party sound tapes and video recordings, the client is liable up to the material value of the carrier material.
§ 6 If the client leaves irrecoverable audio or graphic recordings or such recordings which are difficult to replace for presentation, editing or the like, the client must accept any risks and, if applicable, conclude an insurance policy for value beyond the material valuel. He/she is also responsible for arranging security backups.
§ 7 Intermediary actions such as accepting and handing over deliveries to and from the processing laboratory, post and train deliveries, obtaining speakers or peformers and the like are always undertaken in the name of and for the account of the client, if they are not the explicit subject of a production or processing order even if this is not expressly indicated by the contractor. The contractor accepts no liabilioty or warranty of any nature whatsoever for such actions as an intemediary.
§ 8 Deadlines for labor and production processes are set with the best of our knowledge and in good faith but without engagement. We acccept no liability whatsoever for delays arising in third party services, copying laboratories and the like.
§ 9 The contractor is only liable for delays which are the contractor’s fault when editing or during the production process. He is, however, only liable up to the amount of internal labor caused by the delay. External services as well as indirect damages are not included in the liability. If no other price agreements are reached, the contractor’s list prices applicable on the day of delivery are deemed to be agreed. Prices and price lists will be provided on demand at any time.
§ 10 If, during the execution of an order, external services are required i.e. services which cannot be executed with the studio’s own devices and its own staff, as a matter of principle the contractor cannot be held responsible for the quality, punctuality and costs of these services.
§ 11 The contractor retains all performance or reproduction rights of any audio or textual creation which is produced by the contractor or taken from archives while executing an order until payment in full of all debts arising from this order or other orders placed by the client with the contractor. Also any graphic material or audio material produced by the contractor or his/her representative remains the property of the contractor until the invoice is paid in full.
§12 Before any publication of works the contractor has collaborated in, the client undertakes to hand over audio or graphic material. The same applies to promotional material.
§ 13 In all productions the contractor has collaborated in, the client undertakes a) to be bound to secrecy vis à vis third parties, b) to act in the interest of the contractor (promotion, interviews etc.), c) only to talk about the contractor in public when the contractor has agreed to this, d) not to discredit the contractor. Any violation of the contract results in a contractual penalty and the contractor has the right to withdraw from the contract. The client must bear all the resulting damages and costs.
§ 14 On the conclusion of a contract all the rights of the work that was produced belonging to the contractor pass to Thus-Music until the invoice is paid in full.
§ 15 Shipment and transportation of any material is for the client’s account and at his/her risk. Packaging is arranged at our discretion.
§ 16 If an appointment is made, the client must keep the appointment or cancel it at least 2 working days beforehand or agree a new appointment. In the event of failure to comply the deadline, the client is liable for the payment of 120€ per day. Damages caused by force majeure, a case of death in the family or other compelling and verifiable reasons are excluded.
§ 16 a) An appointment is always binding to inquire through the appointment form. Peak Studios will confirm within 24 hours of the appointment in writing by email to the email address entered or possibly 2 alternatively appointments. Once the commitment of peak studios available, the date is binding.
§ 16 b) If a project is completed or a so called „pre“ version was shipped, the customer has 7 days time to express desire change.Are these in the frame (the reasons for change were not previously known or seen), 2 Revisonen stehem the customer free of charge, if this does not cause a complete re editing the project. Should the customer take outside this revision period changes in the claim, they will be charged. Excluded from this period are albums or projects with multiple songs. There, this period shall apply from the receipt of the last songs to be produced. Basically, however, this period is always on songs that have already passed through the mastering process.
§ 17 The place of jurisdiction and place of performance is Wuerzburg.
§ 18 The means of payment will be stated in advance in the quotation or will be agreed orally. However, the means of payment will always be stated in the invoice.
§ 19 Changes of the contract must be made in writing.
§ 20 If one provision of the contract including this provision should be invalid, the other provisions of the contract are not affected thereby.