Blautöne Media GmbH
A-1060 Wien, Mariahilferstrasse 51/2/1
Account: Tiroler Sparkasse
IBAN: AT252050303301591313 | BIC: SPIHAT22XXX
Commercial Register: 319030m
VAT IN: ATU 64892058
Court of Jurisdiction: Vienna, Austria
1. GENERAL
1.1 Blautöne Media GmbH (hereinafter also referred to as “sound studio” or “sound studio operation”) General Production and Supply Conditions apply to all productions commissioned under contract. They apply as a matter of principle to legal transactions between companies and constitute a material component of every quotation and every contract.
1.2 The legal obligation of the recording studio occurs only on confirmation of the quotation, signed on behalf of the company or on signature of the contract.
2. COSTS
2.1 All the production costs are included in the price agreed under the contract, and the services shall be invoiced in accordance with the current company price list, as amended and the prices quoted therein, plus legally VAT (actually 20%) if VAT is applicable at all. The net price does not include packing, freight, customs duties and any insurance, which may be required. Where prices are invoiced per hour, the time measured by the recording studio is definitive, whereby every hour commenced is invoiced in full. For special services performed at the request of the customer (organisation, choice of speaker etc.) a separate contract may be finalised. The price agreed in this contract must be paid by the customer, even if the sound recording media are not produced for any reason whatsoever. The customer shall bear the cost for any technical consultancy initiated by it.
3. PRODUCTION, MODIFICATION, ACCEPTANCE, DELIVERY PERIOD
3.1 Production commences at the agreed point in time subsequent to payment, if such a point in time has been agreed. The recording studio accepts no liability for defective or damaged data storage media or audio files received from the customer.
3.2 Recording schedules are binding for the customer and the booked speaker or musician, even when, for reasons of flexibility required by the industry, there is no written correspondence. No liability is accepted for cancelled or postponed deadlines, the cause of which is not attributable to the recording studio itself. In the case of failure to meet deadlines the customer shall bear the costs of the cancellation fees, unless they were rescinded 24 hours prior to the start date.
3.3 The technical design of the sound recording media is the responsibility of the recording studio. At the request of the customer the latter is entitled to be present during production. The recording studio shall notify the customer when the production work has been completed; it shall agree with the customer a time for the acceptance demonstration, or digital reference files shall be provided.
3.4 The customer or a representative authorised by it must confirm acceptance in writing without delay, subsequent to the demonstration of the sound recording media. Notices of defects must be asserted at the latest within 3 working days of delivery or performance giving reasons. Later notification of defects is excluded. If notification of defects is asserted, the sound recording media at issue must be made available at the time of notification.
3.5 If, subsequent to having accepted the sound recording media, the customer requires modifications, it must give written notification of the required modifications. The recording studio is obliged and solely entitled to undertake modifications. Modifications of this nature shall be charged to the customer. The same shall apply, where proposals from the customer for modifications result in a calculation different from that agreed prior to commencing production.
3.6 Delivery periods and deadlines are binding. The costs and risk of delivery are borne by the customer. The recording studio is not obliged to retain the original audio material.
4. LIABILITY
4.1 The recording studio undertakes to produce a technically faultless product. The recording studio further undertakes to accept responsibility for those pick ups/master media or files, which are technically suitable for reproduction and/or broadcasting. The customer is personally responsible for the content of these pick-ups/master media or files; any reproduction of other media not identified as pick-up or master media shall similarly be at the customer’s risk.
4.2 If circumstances arise during the production of the sound recording media, which make the production agreed under the contract not possible, the recording studio shall be held liable only for culpable intent and gross negligence. This shall apply also where completion is not made on time. The fact that it has become impossible to produce or to complete production on time for reasons, which cannot be attributed to the recording studio nor to the customer, entitles the customer only to a withdrawal from the contract; however payment must be made for the services performed to that date by the recording studio.
4.3 Material defects, which are discovered by the recording studio, must be remedied by it. If it is not possible to make these corrections without the cooperation of the customer after there is no response during the additional period of time of at least two weeks set for the performance of these corrections, the recording studio may deem that the contract has been fulfilled. The recording studio is entitled to refuse to remedy defects, until any payments due at the time of the correction have been paid.
4.4 In the case of loss of or damage to materials submitted by the customer to the recording studio for processing, liability is limited to the supply of replacement sound and/or image recording material in the quantity or length of the components lost or damaged, unless caused by culpable intent or gross negligence. In the case of damage to computer data carriers no compensation shall be paid. There is no obligation on the recording studio to conclude insurances.
5. PAYMENT CONDITIONS
5.1 Unless otherwise agreed, the following payment conditions apply: 50% on award of contract, 50% on delivery of the sound recoding media.
5.2 The offsetting of counter-claims against fees and/or invoices from Blautöne Media GmbH is not possible. The invoices issued by Blautöne Media GmbH are due for payment within 14 days without any deductions and free of costs. If payment is delayed, the customer shall be required to pay 15% interest on arrears per annum, plus reminder fees. The customer undertakes to reimburse all the costs incurred by the contractor for debt collection, in particular the costs for an authorised debt collection agency pursuant to the Austrian Federal Economic Chamber Fee Guidelines 1993, restricted pursuant to Federal Law Gazette 141/1996, plus 15% interest on arrears. For assignments, in which the order value must be financed in advance by Blautöne Media GmbH and which amount to a minimum value of 2,000.00 Euros, the customer must pay 50% of the order value prior to commencement of provision of the service. If this pre-payment is not made, Blautöne Media GmbH is entitled to immediate withdrawal from the contract, without giving further reasons.
6. COPYRIGHT, EXPLOITATION RIGHTS
6.1 All the goods supplied and produced by the recording studio, as well as Copyrights, Ancillary Rights and any further Rights deriving from the services rendered by the sound studio or from the works created by the sound studio remain the property of the recording studio until receiving payment in full of all the claims against the customer arising from the business relationship, including interest and additional expenses (=retention of title according to civil law and copyright law). Resale or other disposal by the customer is inadmissible and invalid during the effective existence of the retention of title by the recording studio. The relevant rights shall be granted to the customer not before contractual payment has been made in full. With respect to musical compositions, musical productions, music processing, re-mixes and the like the grant of exploitation rights (which is typically restricted in time, place and content/media) as well as the payment agreement are subject to a separate contract. The customer is obliged to notify the recording studio of every further intended use beyond the scope of the exploitation rights granted and is furthermore obliged to purchase the respective exploitation rights from the sound studio. Also with respect to those exploitation rights subject to a separate contract the grant of rights shall not be effective before contractual payment has been made in full (=retention of title according to copyright law) unless otherwise agreed upon in the separate contract .
6.2 The customer is liable for ensuring that it possesses all the authorisations for the assignments granted by it with respect to production, processing and reproduction of sound recordings for any purpose whatsoever, in particular of a commercial nature. Furthermore, the customer declares that it is the body entitled to dispose of the material or holds a license for the required intellectual property rights or exploitation rights under copyright and/or is in possession of adequate authorisation with respect to the copyright holder or holder of the rights.
6.3 The customer is liable for all claims, which may be asserted by third parties against the recording studio in consequence of the performance of the order and undertakes to indemnify and hold the recording studio harmless.
6.4 The customer expressly declares that it agrees that the relevant copyright collectives shall be notified by the recording studio in accordance with statutory provisions.
7. OTHER PROVISIONS
7.1 In the case where more than one customer issues an order for a work to the recording studio, it must be established, prior to staring on the work, which customer must submit declarations to the
recording studio within the meaning of the foregoing points with power of proxy for the remaining customers. This applies in particular to the person, who is responsible for the acceptance of the audio work.
7.2 Amendments of the production contract and/or these Production Conditions require confirmation in writing. Should any provision of the production contract render any point in these Production and Supply Conditions invalid, the validity of the remaining provisions shall not be affected.
7.3 The sound recording media supplied and/or processed by the recording studio remain the property of the recording studio until payment in full of all the claims arising from the business relationship against the customer, including interest and additional costs has been made. Resale or other disposal by the customer is inadmissible and invalid during the effective existence of the retention of title by the recording studio. The recording studio has the right to retain objects, which the customer has delivered or which have been stored with the recording studio or produced for the customer, until all claims arising from the business relationship with the customer have been paid off. Except in case of culpable intent or gross negligence no liability for objects delivered is accepted. These objects are stored by the recording studio at the cost and risk of the customer; the recording studio is also entitled, having given prior notification in writing, to have objects of this nature stored with third parties at the costs and risk of the customer. The place of performance is the Registered Office of the recording studio.
8. COURT OF JURISDICTION
8.1 In the event of disputes it is agreed that the Court of jurisdiction is the competent Court at the Registered Office of the recording studio. This Court shall be obliged to apply Austrian law.
