General Terms of Sale and Delivery of TACET Music Productions Date: 01.01.2008
1. When the order has been placed, the customer declares himself to be in agreement with our terms of delivery and payment. Side conversations are only legally binding if they are confirmed by us in writing.
2. Our prices are EURO prices. The accounting is done according to our prices which are valid on the day of delivery.
3. Our products are delivered for distribution or use in the country of the customer. Any further delivery to another country may be in opposition to copyright laws or protection laws of third parties. Audio transferring onto other sound carriers, as well as hiring or rental of the products delivered by us, is not permitted if the audio transferring is not admissible according to the copyright laws.
4. The offering of our music recordings for downloading (e.g. in the internet) is fundamentally not permitted. Exceptions, e.g. brief excerpts for selective pre-listening, are only possible if they are confirmed by us in writing.
5. Payment: our invoices are payable net cash within 14 days after the invoice date. Incoming payments will be set off against the oldest outstanding debt. The delivery, however, can also be made dependant on immediate payment. If the time allowed for payment is exceeded, we shall be justified in charging, without any particular warning, interest at 2% above the given Bundesbank discount rate, but at any rate 8% interest. In addition, we have the right to entrust outstanding debts to a credit institution for collection. If the customer is in arrears with a payment, all further outstanding receivables or partial outstanding accounts shall be due immediately to the full amount, and all periods granted for payment shall be invalid.
6. Title retention: the delivery of the products takes place under title retention with the following extensions: a) The product remains our property until fulfilment of all our claims (goods subject to retention of title). We have the right to inspect the stocks of our goods subject to retention of title which are in stock for the buyer at any time. We or our representative shall obtain access to the office premises for this purpose during business hours. b) A transfer of the contract rights and obligations to third parties by the customer is only permissible with our written permission. If the buyer sells the good(s) subject to retention of title, regardless of in what condition, he shall already now relinquish to us all claims towards his buyers (with all ancillary rights) arising from the resale, until his obligations towards us have been completely fulfilled. The relinquished claims serve our safeguarding, at the amount of value, of the good(s) subject to retention of title still to be paid for. c) If the good(s) subject to retention of title are seized by third parties, the following shall apply: the buyer must inform the distraint officials of our title retention, and immediately inform us that the seized product is identical to the product delivered by us, through a registered letter and with an attached inspection protocol and a statutory declaration. The customer shall bear all costs connected with the distraint and its revocation. d) After becoming insolvent, the customer is obliged to immediately remove all goods subject to retention of title delivered by us that are still in his stock, and to send us a precise listing of the existing goods subject to retention of title and the relinquished claims by indicating their amount and the address of the debtor. e) We have the right to remove the goods subject to retention of title that are in the stock of the customer from his office premises and to take possession of them. For this purpose, the customer shall grant us or our representative access to all his office premises during business hours.
7. All our offers are subject to confirmation. The product shall be delivered in the design and with the attributes customary at the time of the delivery. Complaints due to incorrect or defective products shall only be considered if they reach us immediately, at the latest, however, 14 days after they have been delivered to the customer. We are only liable for any defects up to the amount of the value of the product. If case of a justified complaint, the defects shall be rectified through delivery of a replacement or issuing of a voucher. Any other warranty claims are out of the question.
8. The product will be professionally packed. Unless anything to the contrary has been agreed upon in writing, exchange or return of our products is out of the question.
9. Transfer of risks: all sendings, including any return sendings, are at the risk of the customer. The risk is transferred to the buyer, if the product offered from us is transferred to the railway, post or forwarding agent.
10. Complaints concerning the products delivered by us are to be reported prior to any further use. Products about which the complaint was justified shall be replaced but consequential damages shall not be rectified.
11. If any individual conditions are legally ineffective, this shall not affect the validity of the remaining stipulations.
12. The place of execution and court of jurisdiction is Stuttgart.
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