General terms and conditions
BREUELBILD
Sonnenredder 37
22002 Hamburg
Telephone: +49 (0) 40 / 6697 6697
Fax: +49 (0) 40 / 6697 6698
Email: breuel@breuel-bild.de
Web: www.breuel-bild.de
Preamble
The following terms and conditions govern all business transactions with BREUELBILD, hereinafter called BREUELBILD, unless agreed otherwise in writing.
The following terms and conditions are valid for every form of picture stock, in particular for photos transmitted by electronic means.
Copyright and liability
BREUELBILD always acts as the broker in the name of and for account of the photographers we represent. The physical picture stock (transparencies and prints) is and remains property of Breuel-Bild and is to be returned in full, undamaged and properly packed, to BREUELBILD within 30 days of the day supplied/date of delivery note.
Digital photos are to be deleted from all Client storage media immediately after selection or use. Stock may not be passed to third parties.
No liability is accepted for any violation of personality or other rights which might occur as a result of using the pictures.
Terms of payment
Any use whatsoever of our picture stock is subject to the payment of royalties plus VAT at the statutory rate (7.0%).
When Client settles the bill he is to please note exactly which photo, stating its number, was used whereabouts in which publication. If that is not done, we shall be entitled to add an administrative surcharge equivalent to 50% of the picture fee in question.
If the photo is to be used for advertising purposes, the fee is to be agreed in writing prior to publication and shall apply only for its single use for the stated purpose. If the photo is published without authorization or passed to third parties, we reserve the right to claim damages.
As soon as the invoice has been received, or the picture published, all photo royalties or handling fees fall due and are payable net, without any deductions plus statutory value added tax (7.0%). If picture stock is damaged or lost BREUELBILD will charge as follows: loss / destruction of colour transparencies (originals) or prints, 500.00 euros per picture.
Picture credits and checking copies
A checking copy is to be sent automatically and free of charge prior to any publication.
Handling charges
Our customers may search the Internet (Breuel-Bild.de) or browse the APIS databank free of charge. There are no transmission costs for transferring or downloading the fine data.
For picking out transparencies, prints or digital picture stock at Client's request and sending them via ISDN or Internet, there will be a handling charge depending on the time of day and the time spent:
Monday - Friday 9 a.m. to 6 p.m. 20.00 euros per hour or part of an hour
Monday - Friday 6 p.m. to 10 p.m. 50.00 euros per hour or part of an hour
Saturday - Sunday and public holidays, an additional 50.00 euros per hour or part of an hour.
Final points
Any agreements at variance with these provisions must be put in writing.
Place of performance and jurisdiction for all disputes arising from the contractual relationship shall be Hamburg alone.
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