Terms & Conditions
Essential
This is a translation of the German version of “Allgemeine Geschäftsbedingungen (AGB)”. In case of obscurity the German version of general terms and conditions is to be applicated.
1. Scope
All Services, the principal obtains from the Impressive Music Production GbR, Florian Linckus, Lars J. Lange, subsequently called IMP, are exclusively performed under the basis of the following terms and conditions. Arrangements, which differ from the general terms and conditions only have significance, in case they are agreed between the principal and IMP in a written form.
2. Placing of order
In order to enter into a contract you have to be at least 18 years old and you may not be restricted in your legal capacity at the moment of contract completion. With ordering a product, the principal delivers a binding placing of order. With the order confirmation sent by IMP within 14 calendar days, IMP agrees to accept the contract offer from the principal.
In Case that IMP does not send an order confirmation, it means that IMP does not accept the offer. The order confirmation includes the efforts, which have to be accomplished by both sides and the expected date of final completion. The contract completion is performed with the provision that our suppliers or third parties do supply us timely and correctly. About a possible unavailability the principal will be immediately informed by IMP. The recompense in form of money will be performed unhesitatingly.
3. Contribution of the principal / Cancellation due to omitting contribution
The principal is covenanted to contribute to the transaction of the order. According to § 642 BGB the entrepreneur, in this case IMP, is entitled to determine an appropriate deadline for the principal with the arrangement, that he will cancel the contract when the principal does not perform his agreed effort by end of the deadline. The contract is cancelled, when the catch up is not performed by the principal by end of the deadline.
4. Terms of payment
The payment of the price will be on account. The price of the product is to be paid in the form of the arranged partial payments. The final payment is to be paid by the principal at the latest 14 calendar days after he has received the product. The principal has to transfer the money into the account, set in the contract by IMP.
IMP reserves its right to separately pass to account additional expenses e.g. additional costs due to extraordinary happenings, rising prices emerging since contract completion, changing prices for materials or changing prices for transport. If the principal does not fulfill his duty, as a consequence IMP has the right to demand the consequently emerging additional reminder fees and processing fees. As long as the principal is to default, IMP is entitled to demand interest for late payment in statutory amount. With this contract provision IMP’ s right, to demand further claims for damages, remains unaffected.
5. Realization time limit
The delivery time is determined by the circumstances following the order and will be set in written form between IMP and the principal. In case of delay in delivery due to irresistible force, traffic tie-ups and so on, where IMP does not take responsibility for, no claims for damages can be made towards IMP. The realization time limit arises from the contract, which is arranged by both parties. Binding deadlines for final completion of the product, arranged between IMP and principal are to be declared as those.
6. Acceptance of the supply / maturity
With the contract, the principal is obligated to accept the properly produced product.
The principal has to accept the product without any rebuke.
The product is accepted, when the principal does not signify the product as inadequate or as contrary to contract within 14 calendar days after the delivery. If the principal omits to signify a default towards IMP, as a consequence the product is accepted. The rebuke towards IMP has to be declared in written form. With the expiry of the aforementioned time limit, the payment of the arranged price is due.
7. Warranty
When the principal demands subsequent performance, IMP warrants for the defaults of the product in own decision, either by rework or re-production. The principal in own decision can choose between price reduction or withdrawal from the contract, as long as IMP seriously and definitely denies the fulfillment or the removal of the default and subsequent performance due to disproportionate costs, failure of subsequent performance or it is unreasonable for IMP. If there is only a slight lack of conformity or IMP is not responsible for the breach of duty based on a default, the principal is not entitled to withdraw from the contract. A responsibility for defects by IMP requires a not insignificant defect.
8. Limitation of liability
Additional claims of the principal, without matter of any legal bases are explicitly excluded as far as hereafter nothing else arises. Therefore, IMP is not liable for damages, which are not caused by the delivery item itself. IMP is also not liable for the loss of profits or for other pecuniary losses of the principal. This also applies to the personal liability of employees, representatives and vicarious agents, as far as the contractual liability of IMP is excluded or limited.
Protruding limitation of liability does not apply, when the principal asserts a statutory claim.
The duty of replacement for material-damage is limited to the typically rising damage as far as IMP negligently breaches a duty, which is important for the contract.
9. Cancellation
The contract can be cancelled, under the attention of legal provisions in these conditions, based on the legal provisions in the BGB. In this place, the right of both parties to exceptionally cancel the contract due to important causes stays unaffected. Especially, both parties are entitled to cancel the contract, when through culpable behavior of the other party the realization of the contract or the purpose of contract is at risk in the form, that it cannot be expected from the cancelling party to maintain the privity of contract. IMP is entitled to demand payment for work and labor wages emerging from the executed performances, in case of an abortive end of contract through cancellation or other causes.
10. Privacy Policy
The Privacy Policy can be found on our website www.impressive-music-production.de within the category “Imprint”.
11. Court of jurisdiction
Court of jurisdiction is the business location of IMP, as far as nothing else is set in the law. For all conflicts, which potentially arise from this legal relationship, the German law is to be applied.
The use of UN-Purchasing law is excluded.
12. Validity of the terms and conditions
The terms and conditions of IMP are accepted by the principal in case of an order. Should any of these legal provisions in these terms and conditions be or will be completely or partly invalid or are in need of completion, the validity of the remaining contract provisions stays unaffected.
Last update: 17.09.2010
