1. Scope

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The following terms and conditions of business and delivery apply exclusively to all offers, deliveries and services from Screencraft Entertainment GmbH. This also applies to future contractual relationships with the customer. Deviating conditions of the customers only become part of the contract if we have expressly agreed to them beforehand. In these cases, consent is given in writing. In addition, deviating conditions are not part of the contract, even if we do not expressly contradict them. This also applies if the conditions of the customers or other third parties who enter into business relationships with us contradict our conditions.

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2. Offer and contract conclusion, contract amendments

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Our offers are always non-binding. Contracts are concluded when we accept the customer's order in writing within 14 days. We are obliged to inform the customer immediately in writing if we do not accept the order.

Changes and / or additions to the content of the contract are set down in writing or confirmed by us in writing. Significant changes, additional requests or additional performance specifications oblige both parties to appropriately adjust the remuneration, the dates and the service description. This applies accordingly to technical problems of Screencraft Entertainment GmbH that are not foreseeable when the order is accepted and / or technical problems with material provided by the customer for processing. If we recognize the need for significant changes, the relevance of the additional requests or additional performance specifications of the customer, we must inform the customer immediately.

Our employees and other agents are not authorized or authorized to make verbal subsidiary agreements that go beyond the content of a written contract, provided they do not have legal power of representation, e.g. due to a position as an authorized representative or authorized signatory.

 

3. Prices

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Our prices are for delivery ex works, excluding transport costs. Any ancillary services agreed will be charged additionally.

When placing the order - unless individual price agreements have been made - the (gross) prices of the price list valid at the time of the respective conclusion of the contract, which can be viewed in the business premises of Screencraft Entertainment GmbH, are decisive. In the case of billing in meters, the number of meters determined by us using measuring equipment is decisive. Commenced meters will be charged in full. Measurement deviations of up to 1% are not taken into account.

We reserve the right, in the event of a change in wage and material costs, freight rates, energy costs, VAT and customs duties occurring after the conclusion of the contract, to demand a corresponding, reasonable adjustment of the agreed price that does not exceed the market price, unless the The service is performed within 4 months of the conclusion of the contract or a fixed price has been agreed. The same applies to increases in costs due to delays in performance for which we are not responsible, as well as to changes in an agreed foreign currency or the exchange rate to the euro. A price adjustment in the aforementioned cases cannot be requested if the price-increasing circumstances occurred while Screencraft Entertainment GmbH was in default and if the goods have already been delivered.

If we request a price increase that is significantly greater than the increase in the cost of living, the customer can withdraw from the contract. A price increase is significantly stronger than the increase in the cost of living if it exceeds its value expressed as a percentage by more than 2 percentage points.

If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the prices change automatically according to a change in the statutory value added tax after the contract is concluded. The customer is not entitled to the right of withdrawal described in the previous paragraph.

We reserve the right, with the consent of the customer, to pass on services commissioned to a selected specialist company at the customer's expense and risk. The customer's consent is not required if only insignificant ancillary services are concerned.

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4. Due date, payment, default

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Our invoices are due immediately upon receipt of the invoice without deduction, unless otherwise agreed. With regard to the consequences of default, in particular default interest, the statutory provisions apply. As of the 2nd reminder, we are entitled to charge a flat fee of 5.00 EUR for each reminder.

Projects with an invoice amount over EUR 25,000 require a deposit of 50% of the expected total invoice amount for the project, immediately due without deduction after the corresponding invoice has been issued.

The customer can only offset undisputed or legally established counterclaims against the invoice amount. The same applies to the assertion of a right of retention.

We are not obliged to accept checks. Checks are generally only accepted on account of payment, provided that they can be discounted. We calculate discount charges from the due date of the invoice amount. The customer bears the costs of collection, bank interest and bank charges. Bills of exchange or other instruction papers are generally not accepted.

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5. Delivery, dispatch, transfer of risk

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Due to the creative, artistic service of Screencraft Entertainment GmbH, deadlines and dates are always estimated times, unless we guarantee fixed delivery dates or deadlines in writing in individual cases. They begin with the dispatch of the order confirmation, but at the earliest with the complete clarification of all order conditions and technical details as well as the fulfillment of all cooperation obligations to be provided by the customer or, if necessary, official or other approvals.

If the customer is an entrepreneur, legal entity under public law or special fund under public law, all dispatches and returns from and to Screencraft Entertainment GmbH as well as between different branches of Screencraft Entertainment GmbH including dispatch and return to group companies or to authorized subcontractors are carried out at the risk of the customer , even if the transport or shipping is carried out with vehicles from Screencraft Entertainment GmbH. We are entitled to carry out all shipments cash on delivery.

Screencraft Entertainment GmbH will not take back the packaging. The customer is obliged to dispose of the packaging at his own expense.

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6. Retention of title

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If the customer is an entrepreneur, legal entity under public law or a special fund under public law, we retain ownership of movable objects sold by us, in particular films, video cassettes and data carriers of all kinds, until all claims, including those arising in the future, have been paid Business relationship with the customer. If there is a current account relationship between Screencraft Entertainment GmbH and the customer, we reserve title to the goods until payment of the claims from a recognized current account balance.

In addition, we reserve ownership of movable items sold by us until the purchase price has been paid in full, including all ancillary claims.

If the customer is an entrepreneur, he is authorized to resell the reserved goods in the ordinary course of business. The customer hereby assigns the resulting claims against third parties in the amount of our claims to Screencraft Entertainment GmbH, regardless of whether the item has been resold without or after processing. If the customer takes up the claim in a current account relationship with his contractual partner, he already now assigns his claim from the final balance to Screencraft Entertainment GmbH. If the goods subject to retention of title are resold together with other goods, the advance assignment only extends up to the value of the goods subject to retention of title. Screencraft Entertainment GmbH accepts the assignment and authorizes the customer to collect the claims until revoked.

We are entitled to revoke the authorization to resell and collect the assigned claims if the customer does not meet his payment obligations from the proceeds received, is in default of payment, an application to open insolvency proceedings has been made or payments have been suspended. If this is the case, the customer is obliged to inform us of the assigned claims and their debtors, to notify the debtors of the assignment, to provide all information necessary for the collection of the claims by Screencraft Entertainment GmbH and to hand over documents.

The processing or transformation of the goods subject to retention of title by the customer is always carried out for Screencraft Entertainment GmbH. If the goods delivered by us are processed with other items not owned by you, we acquire co-ownership of the new item in a ratio that corresponds to the value of the processed goods subject to retention of title at the time of processing to the value of the other processed items at the time of Processing corresponds. The same applies to the item resulting from the processing as to the goods delivered with reservation.

If the reserved goods are combined with other items not owned by us in such a way that they become essential components of a uniform item, or are inseparably mixed with one another, we acquire co-ownership of the item in a ratio that corresponds to the value of the reserved goods at the time of Combination or mixing corresponds to the value of the other processed items at the time of connection or mixing. If the connection or mixing takes place in such a way that one of the customer's items is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to Screencraft Entertainment GmbH. The customer keeps the resulting sole or joint ownership for Screencraft Entertainment GmbH.

As long as the retention of title exists, a sale outside the normal course of business, a pledge, transfer by way of security, rental or other surrender that affects our security or changes to the goods delivered under retention of title is only permitted with our prior written consent. The customer must inform us immediately about legal or actual access by third parties to the reserved goods or the claims assigned in advance, handing over the documents necessary for the intervention and immediately informing the third party of our retention of title.

We undertake to release securities to which the customer is entitled to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%. Screencraft Entertainment GmbH is responsible for selecting the securities to be released.

The customer is obliged to treat the goods subject to retention of title with care as is customary and to maintain them at his own expense. If the customer violates this obligation, Screencraft Entertainment GmbH is entitled to withdraw from the contract.

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7. Customer's duty to cooperate

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In particular, the customer is obliged: - to provide full insurance coverage for items handed over to Screencraft Entertainment GmbH or stored for Screencraft Entertainment GmbH; - to have a suitable film material available to replace the original material, e.g. secondary security material or samples. The examination and assessment of the films or digital or analog data carriers handed over to Screencraft Entertainment GmbH are not part of his performance obligation, unless it is an order for the wet scanning of celluloid films; In this case Screencraft Entertainment GmbH will carry out a careful visual inspection and inform the customer, if the scanning of the material appears impossible or leads to (further) damage to the material with a probability bordering on certainty; - to make backup copies of analog or digital data carriers and / or films before handing over the material to be processed in the context of the order at their own expense and to keep them in stock in a form suitable for restoring until the order is completed.

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8. Storage of films and data carriers

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The storage of films and other digital or analog data carriers after processing takes place in rooms that are not suitable for long-term archiving. There is no separate storage of originals and secondary materials. Insofar as film material or other digital or analog data carriers are handed over exclusively for storage without processing, these are generally accepted without checking the condition in which they are made available for storage.

The storage fees result from the price list of Screencraft Entertainment GmbH valid at the time of the respective conclusion of the contract, which can be viewed in our business premises. Every commenced month of retention is billed as a full month.

Contracts for the storage of films and other digital or analog data carriers can be terminated with a notice period of 6 weeks to the end of the month. The right to terminate the retention contract without notice, in particular in the event of default with more than two monthly fees for retention, remains unaffected.

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9. Copyrights and Rights of Use

Insofar as copyrights, co-copyrights or processing rights arise during the fulfillment of the order by Screencraft Entertainment GmbH, the customer is granted simple, non-transferable, non-exclusive rights of use, whereby we reserve the right to revoke if there are important reasons. An important reason is in particular the non-payment of the remuneration owed to us within the payment period set or resulting from the law. If copyrights and / or processing rights of third parties are affected within the scope of the placed order, the customer guarantees that the processing that is the subject of the contract is within the scope of the usage / processing rights granted by the third party. The customer holds and exempts Screencraft Entertainment GmbH from all possible claims of or

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10. Notification of defects and warranty; Statute of limitations; warranty

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The customer must notify Screencraft Entertainment GmbH of defects and other complaints due to obvious defects immediately at the latest within a preclusive period of two weeks after receipt of the goods, in the case of non-obvious defects within two years? in the event that the customer is an entrepreneur, legal entity under public law or special fund under public law, within one year? to be raised in writing upon receipt of the goods with simultaneous handover of the objected items. This also applies if the customer has been sent selection samples beforehand. The respective deadline is met if the customer has sent the notification of defects within the deadline.
Characteristics that are subject to subjective assessment in artistic design, such as colors or tones, cannot be the subject of complaints unless the customer has given precise, feasible instructions. The customary tolerances apply to material, process or system-related color or tone fluctuations.

If the customer is an entrepreneur, legal entity under public law or special fund under public law, his right to subsequent performance in the event of minor defects is excluded. Our liability for defects expires if the customer undertakes changes or repairs to the delivered items himself or through a third party without our prior consent.

If the customer is an entrepreneur, legal entity under public law or special fund under public law, the limitation period for claims based on a defect is one year from the start of the statutory limitation period. Unless a general guarantee declaration is issued for individual items, Screencraft Entertainment GmbH will only accept a guarantee with an express written guarantee.

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11. Liability

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Screencraft Entertainment GmbH is liable for damages in accordance with the following provisions - for whatever legal reason - if we, our legal representative or vicarious agent have caused them culpably.

Screencraft Entertainment GmbH has unlimited liability in the event of intent, gross negligence and slightly negligent injury to life, limb or health - with the exception of the following sentence. If the customer is an entrepreneur, legal entity under public law or special fund under public law, the liability of Screencraft Entertainment GmbH in the event of gross negligence is limited to the typical damage foreseeable at the time the contract was concluded, unless this damage is due to injury to life, body or Health is based.

In addition, the following applies to slight negligence: The liability of Screencraft Entertainment GmbH for slight negligence - with the exception of the violation of cardinal obligations - is excluded if the customer is an entrepreneur, legal entity under public law or special fund under public law. Otherwise, liability for slight negligence is limited to typical damage that was foreseeable when the contract was concluded.
Statutory liability, regardless of fault, remains unaffected. Screencraft Entertainment GmbH has unlimited liability if the customer's claims against us arose before the contract was concluded.

Screencraft Entertainment GmbH is liable for all culpably caused losses, damage and deletions in the case of materials handed over to us for processing, initially for the restoration or replacement of the original material, insofar as this is technically possible on the basis of negatives, copies or other source materials of the customer. This does not apply to damage that occurred during storage or shipping. If restoration or replacement is not possible under the conditions mentioned, Screencraft Entertainment GmbH is liable for the material value of the carrier material of the same type and length.
The customer's rights under warranty or due to delay in delivery remain unaffected.
During wet and dry scanning of celluloid films, depending on the storage method, storage care and age, it cannot be ruled out that the material may already be damaged (scratches, dirt, stains, jerks, stop and dissolve marks, kinks, waves, mold, sticky spots, Perforation damage, switch notches, speed cameras, fading, wetting agent and / or adhesive residues, insufficient tear resistance, fingerprints, imprinted or lying dirt, clay slime in the picture, water stains etc.) or is particularly prone to damage due to age or storage. Since Screencraft Entertainment GmbH cannot consistently insure the processing of the material, we will carry out a careful visual inspection of wet and dry scanning orders for celluloid films and inform the client, if scanning of the transferred material appears impossible or leads to further damage to the original material with a probability bordering on certainty. In the event that the customer wishes to be scanned despite this notification, our liability for damage to the original material is excluded. In the event of damage to the starting material, our liability is limited to the replacement of the material value of the starting material. Any further liability, regardless of the legal reason, including for slight negligence, is excluded. This applies to our own fault as well as the fault of Screencraft Entertainment GmbH, our employees or organs.

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12. Legal relationships, place of jurisdiction, place of performance

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The contractual relationships are exclusively subject to German law. The application of the international sales law laws (e.g. UN sales law CISG) is excluded.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the business relationship is the registered office of Screencraft Entertainment GmbH in Munich. In addition, the place of business of Screencraft Entertainment GmbH is the place of jurisdiction in the event that the customer moves his place of residence or usual place of residence outside the territory of the Federal Republic of Germany or his place of residence or usual place of residence is unknown at the time the action is brought. If the customer is a merchant, legal entity under public law or special fund under public law, the place of performance for all obligations arising from the business relationship is the registered office of Screencraft Entertainment GmbH in Munich, unless
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