GENERAL TERMS OF BUSINESS
Unless expressly agreed otherwise, the present general terms of business – supplemented by mutually agreed special terms – shall govern all relations between the customer and gunda patzke photographers, hereinafter referred to as "the agent", and the customer hereby waives any other terms of business in respect of the agent.
2. Authorship rights
All works (photographic negatives, slides, photos, designs, etc.) produced for the customer are and shall remain the moral and intellectual property of the author, specifically the photographer who is represented by the agent.
3. Waiver of rights of reproduction
The agent shall transfer the non-exclusive right of reproduction in respect of documents mentioned on the invoice to the customer. This transfer shall be strictly limited to contractually agreed use (storage, format, area, use, etc.) and shall only be granted as defined. Any use that departs from the initial agreement shall require the prior written consent of the agent, who reserves the right to reject such request without reason. The customer shall automatically be charged for any contractually unauthorised or improper use of the documents at twice the rates applicable at that time, plus administrative costs (including investigation and location costs) incurred by the agent estimated at a fixed sum of € 650,— and payable by the customer, provided the agent cannot demonstrate any greater loss.
The customer shall be liable for any signatures and other texts that may appear in connection with the reproductions. Any transfer shall only concern copyright and shall be limited to the visual piece of work. Consequently, the photographer represented by the agent and the agent himself can in no way guarantee that the persons depicted or the holders of any right of use in respect of the objects depicted agree, to the use of their image or the objects in question in a different way then originally defined. Unless expressly agreed otherwise, the customer shall be obliged to demonstrably obtain any necessary approval in that connection.
5. Delivery date
The delivery date shall only be given by the agent as an indication. Under no circumstances can any delay give rise to indemnification or compensation.
If the customer cancels an order, it shall in any case be liable for an amount that covers 75% of the agreed fees, without prejudice to the right of the agent to charge the counter value of all services already provided or obligations taken at 100% If the customer does not make use of the ceded rights, the agent shall not be obliged to make repayments.
7. Dispatch, shipment, return
The material and documents shall be sent at the risk of the customer, even if sent by the agent. The agent may not be held liable for any damage and/or loss. The customer undertakes to return documents provided by the agent and not foreseen for final usage intact and undamaged.
Unless expressly agreed otherwise, the amount of the invoice must be paid in cash at the offices of the agent or to the bank account of the agent as indicated on the invoice. Any amount not paid on the due date shall ipso jure and without notice bear default interest at a rate of 10% and shall also be increased by 10% by way of a one-off compensation to cover all losses and costs incurred by the failure to observe payment on the due date. Non-payment of sums gives the agent the right to suspend or cancel any activity without prior notice, whilst retaining all rights of indemnification or compensation.
Any reclamation regarding the delivered material or invoices, should be reported in writing within 5 working days of delivery. After this delay the material and the invoice shall be considered as accepted.
The Courts of Frankfurt shall have sole jurisdiction to hear any disputes which may arise, but the agent keeps the right to chose jurisdiction if appropriate.