General Terms and Conditions
of monoposto Mastering GmbH
- Validity of the General Terms and Conditions
monoposto Mastering GmbH (hereinafter called "monoposto") offers its services and deliveries subject to the following terms and conditions, which are part of all contracts concluded with monoposto. Any purchasing and business conditions of the Client, even if not expressly challenged, are only binding if they are confirmed in writing by monoposto within the contract.
All services, deliveries and postage costs shall be at the expense and risk of the Client. The Client is the person who places the order - in writing or verbally - even if the invoice is submitted to a third party at his request, which means he is fully liable for the invoiced amount alongside the third party. If the contract is on behalf of or to the account of a third party, the Client shall expressly draw attention to this in the order. If the party specified by the Client to receive the invoice is unwilling or unable to pay the bill, the Client is fully liable for the services provided. There is no obligation on behalf of the Contractor to check the right of the Client to place the order on behalf of a third party.
- Copyright clearance of protected works
If protected works, music or language are utilized in the Client's order, the clearance of all possible rights of third parties is the responsibility of the Client. monoposto is not required to ascertain to what extent the content of the ordered work may violate any law. In such a case, the Client is liable for all resulting damages or detriment. GEMA rights are not transferable.
- Default of payment
If the Client is in arrears with the payment of partial or interim invoices or if a significant deterioration occurs in its financial circumstances after the conclusion of a contract, monoposto is entitled to halt further processing of the order until payment or securement of the payment has occurred.
- Liability for un-retrieved sound and image material
Liability for un-retrieved sound and image material is accepted only for the material value of the storage medium, and only for a maximum period of 3 months after the issue of an invoice.
- Insurance of sound and image recordings
If the Client orders the processing, presentation, etc. of irreplaceable or difficult to replace sound and video recordings, the Client is liable for the risk or if necessary the conclusion of an insurance policy beyond the material value of the physical medium, as well as the creation of backups and safety copies.
- Complaints related to delivery via external equipment
Complaints arising after delivery through reproduction on external equipment can only be recognized if gross errors are determined on behalf of the Contractor in relation to the usual industry standards, requirements, etc.
- Mediating activities
Mediating activities, such as acceptance and submission of deliveries to and from film laboratories, post and rail expedition, arranging of hotels, speakers, performers, etc. are always in the name of and on behalf of the Client unless they are expressly covered by a production order, even if no explicit reference thereto has been made by the Contractor. The Contractor assumes no liability or warranties for such mediating activities.
- Third-party services
If third-party services are required in the course of implementing an order, i.e. services that are not feasible with the studio's own equipment and staff, the Contractor is not responsible for the quality, timeliness and cost of those services. We accept no liability in case of delays arising from third-party services, pressing plants, etc.
- Shipping and transportation of material
Shipment and transportation of material of all kinds occurs to the account of and at the risk of the Client. Packaging is done at our discretion.
- Place of jurisdiction
The place of jurisdiction and fulfillment is Dusseldorf.
- Severability clause
If any provision of the contract, including this provision, is invalid, the validity of the remaining provisions shall not be affected.