(1) The subsequent General Terms & Conditions shall apply to all digitalization orders placed by the customer with the contractor.
(2) Orders are placed by sending in the material to be digitized (basic material) together with a duly filled out and signed order form.
(3) Digitalization is carried out as requested by customer on the order form. A desired subsequent processing (colour, brightness, etc.) has to be noted separately. Any fur-ther processing previously exactly defined and agreed in writing is possible against payment of an extra charge.
(4) The contractor returns the basic material together with the digitized material to the customer. The customer undertakes to take care for that the products can be regularly delivered. Costs incurred for another delivery necessary due to reasons for which the customer is responsible, e.g. wrong address of place of delivery, shall be borne by the customer.
(5) When placing the order the customer states whether he wishes to pay by direct debit-ing or on account. When paying on account the customer has to pay the invoiced amount by no later than within 14 days from the receipt of the products. The digitized material remains the property of the contractor until the invoice has been fully paid.
(6) If a part of the submitted material is not converted for technical or other reasons, the customer is released from his obligation to pay. The customer is not entitled to claim a price reduction in case of irrelevant defects in the execution of the order.
(7) Extra charges for modifications of the originally agreed execution or for other special services will be borne by the customer.
(8) The customer is fully responsible and liable for the content of his material and indemni-fies the contractor against all claims of third parties under law on competition, copy-right, name right, trademark law and any other claims, including legal prosecution. The customer undertakes to independently clarify in advance whether the infringement of a copyright, name right, trademark rights or any other industrial property rights is possi-ble.
(9) The contractor can withdraw from the order for good cause, especially if the content of the material to be digitized is clearly offending against good morals (e.g. pornographic material, incitement to race hatred, etc.).
(10) Minor deviations of image and sound as well as the registration on one or several data carriers, possible with each digitalization, have to be accepted.
(11) The contractor will endeavour to carry out the placed orders conscientiously and thor-oughly. Nevertheless severe colour distortions can occur especially in case of old original material. Inappropriate storage or fungal attack can in the course of digitaliza-tion, that peremptorily requires a play-back, in the worst case, even cause a complete and irreversible destruction of the material. Such state of the original material can nor-mally not be identified before digitalization. In this case the contractor is not liable for any loss or damage. If the risk of a total loss is obvious for the contractor before digi-talization, the contractor will inform the customer of the risk before continuing the con-version.
(12) The contractor shall only be liable for damages, no matter for what reason, if the con-tractor can be charged with intent or gross negligence, malicious nondisclosure of a defect or if a quality guarantee was assumed.
The contractor shall only be liable for any other damage if he failed to comply with an obligation of specific significance (major obligation) for achieving the purpose of the contract and if the damage is typical and was foreseeable. In such a case liability is limited to the amount of the value of the order.
(13) Obvious defects must be notified to the contractor in writing within 14 days from the receipt of the product; otherwise the right to claims for defects has lapsed, no matter for what reason.
(14) If any provision is invalid or inadmissible, the other agreed provisions remain in full force. Place of performance is Munich and the Regional Court of Munich I, the Landgericht München I, shall have exclusive jurisdiction over disputes arising in the course of the implementation of this contract.