Terms and Conditions
1.1 The General Terms and Conditions of Production and Delivery of the Professional Association of the Austrian Film and Music Industry for Sound Studio Companies shall apply to all commissioned productions. They apply in principle to legal transactions between companies and are an essential part of every offer and every contract.
1.2 In the case of legal transactions with consumers within the meaning of § 1 Para. 1 No. 2 of the Consumer Protection Act, Federal Law Gazette No. 140/1979, as amended, they shall apply insofar as they do not contradict the provisions of the first main section of this Act.
1.3 The recording studio shall only be legally bound by the firm confirmation of the offer or the signing of the contract.
2.1 The contractually agreed price shall include all production costs or the services shall be invoiced according to the valid price list available at the studio and the prices stated therein plus VAT (currently 20%). If prices are charged by the hour, the time measured by the recording studio shall be decisive, with each hour or part thereof being charged in full.
2.2 A separate contract may be concluded for special services performed at the request of the Client (organization, selection of speakers, etc.). The price agreed in this contract shall be paid by the Client even if the production of the sound recording does not take place for any reason.
2.3 The client shall bear the costs of any professional advice arranged by him.
Production, Modification, Acceptance, Delivery Period
3.1 Production shall commence at the earliest after the production contract has been signed.
3.2 Booked appointments that have not been cancelled at least 24 hours before the start of the appointment will be invoiced.
3.3 The technical design of the sound carrier shall be the responsibility of the recording studio. At the request of the client, the client shall be entitled to be present during the production. The recording studio shall inform the Client of the completion of the production work and, if necessary, agree with the Client on a date for the acceptance demonstration.
3.4 Acceptance means approval of the technical quality. The Client or a person authorized by the Client shall confirm the acceptance to the recording studio in writing immediately after the presentation of the sound recording. The recording studio must be notified of any defects within 3 working days at the latest after delivery or performance, stating the reasons. Later notices of defects are excluded. At the same time as the notification of defects, the sound recordings complained of shall be made available to the recording studio.
3.5 If the Client wishes to make any changes after acceptance of the sound recording medium, the Client shall notify Tonstudiobetrieb in writing of the desired changes, and Tonstudiobetrieb shall be obligated and solely entitled to make such changes. Such changes shall be at the expense of the client. The same shall apply if the Client’s proposed changes result in a different calculation than that approved prior to the start of production.
3.6 Delivery periods or dates are not binding. Failure to comply with delivery periods or deadlines shall not release the Client from the obligation to accept delivery. Costs and risk of delivery shall be borne by the client. The recording studio is not obliged to store the original sound material.
4.1 The recording studio undertakes to produce a technically flawless product.
4.2 If a circumstance occurs during the production of the sound recording medium that makes the contractual production impossible, the recording studio shall only be liable for intent and gross negligence. This shall also apply in the event of untimely completion. The impossibility of production or untimely completion of the sound recording medium, for which neither the recording studio nor the Client is responsible, shall only entitle the Client to withdraw from the contract; however, the services rendered to date shall be paid to the recording studio.
4.3 Material defects acknowledged by the recording studio shall be corrected by the latter. If such corrections cannot be carried out without the Client’s cooperation, the recording studio shall be entitled to consider the contract to have been fulfilled after the fruitless expiry of a period of at least two weeks set for the performance of the relevant actions. Tonstudiobetrieb shall be entitled to refuse to correct the defects until the payments due at the time of correction have been made.
4.4 In the event of loss and/or negligent damage to materials handed over by the Client to the recording studio for processing, liability shall be limited only to the replacement delivery of sound and/or image carrier material in the number or length of the lost or damaged parts. In the event of damage to computer data carriers, no replacement shall be provided. There is no obligation on the part of the recording studio to take out insurance.
Terms of payment
5.1 Unless otherwise agreed, the following terms of payment shall apply:
50% when the order is placed
50% upon delivery of the recording medium
All payments must be made by bank transfer.
Copyrights, exploitation rights
6.1 The client is liable for the fact that he has all rights for the orders placed by him with regard to the production, processing and duplication of sound recordings for any purpose whatsoever, in particular of a commercial nature.
Furthermore, the Client declares that he is the person entitled to dispose of or the licensee of the necessary copyrights or rights of exploitation under copyright law and/or that he is in possession of sufficient authorization on the part of the author or rights holder.
6.2 The Client shall be liable for all claims made by third parties against the recording studio as a result of the execution of the order and undertakes to indemnify and hold the recording studio harmless.
6.3 The Client expressly agrees that legally required notifications to the relevant collecting societies shall be made by the recording studio.
7.1 In the event that several clients place an order with the recording studio for a work, it shall be stipulated in writing prior to the commencement of the work which client is to make declarations to the recording studio in the sense of the preceding points on behalf of the other clients. This shall apply in particular to the naming of the person responsible for the acceptance of the sound work.
7.2 If additional persons wish to join the recording studio session, this must be notified at least 48 hours in advance. The recording studio has the right to refuse.
7.3 Changes to the production contract or/and these production conditions require written confirmation. Should a provision of the production contract render a point of these terms and conditions of production and delivery invalid, this shall not affect the validity of the remaining provisions.
7.4 The sound recordings delivered and/or processed by the recording studio shall remain the property of the recording studio until full payment of all claims against the Client arising from the business relationship, including interest and ancillary costs. Any resale or other disposal by the Client shall be inadmissible and invalid during the period of retention of title without the written consent of the recording studio. The recording studio shall have the right to retain items which the Client has provided or which are stored at the recording studio or which have been produced for the Client until all claims arising from the business relationship with the Client have been settled.
No liability shall be assumed for items provided, which shall be stored at the expense and risk of the Client by the recording studio, which shall also be entitled to have such items stored by third parties at the expense of the Client after prior written notice.
7.5 The place of performance shall be the headquarters of the recording studio.
7.6 In the event of disputes, the place of jurisdiction shall be the court having jurisdiction at the headquarters of the recording studio. This court shall apply Austrian law.
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