General sales and service conditions of Skynamic
These terms and conditions apply exclusively. Deviating or conflicting conditions are not recognized by us unless we have expressly agreed to them in writing. They also apply to all future transactions between the parties and also if we provide the services in knowledge of deviating or conflicting conditions.
These general terms and conditions apply only to entrepreneurs, legal entities under public law or special funds under public law in the sense of § 310 Abs. 1 BGB.
2 offer, acceptance
All our offers are non-binding, unless the binding nature of the offer is expressly confirmed.
If the order of the client represents an offer within the meaning of § 145 BGB, we are entitled to accept it within a period of one week. The client is bound to the offer for a period of one week. If the offer is accepted under changes and additions, this represents a new offer, to which we are again bound for one week, calculated from the date of receipt by the client.
3 Cancellation by the client
In the case of the premature termination of the contract by the client, the statutory provision of § 649 BGB is modified as follows:
Upon receipt of the cancellation no later than 2 weeks before the scheduled execution date, the client owes 10% of the agreed remuneration.
Upon receipt of the cancellation no later than 1 week before the scheduled execution date, the client owes 25% of the agreed remuneration.
Upon receipt of the termination at a later date, the client owes 50% of the agreed remuneration; However, if the termination takes place at a time when services have already been provided (setup, installation of the technology, filming), the compensation is due in full.
A crediting of saved expenses and an offsetting of actual or maliciously omitted interim earnings according to §§ 649 p. 1 half sentence 2 BGB does not take place in cases of premature termination by the client.
Paragraph 1 shall not apply if the premature termination takes place for reasons which are not within the sphere of the client and are based on force majeure. These include in particular the impossibility of executing the order because of bad weather, political upheavals, illness or death involved in the production process, irreplaceable person.
In any case, however, the client owes the early reimbursement of the proven expenses, in particular travel and accommodation costs.
4 right of withdrawal
We are entitled to withdraw from the contract if:
the provision of the service is objectively or subjectively impossible within the meaning of § 275 BGB
the customer does not fulfill his obligation to co-operate according to § 8 and thereby the execution of the order is unreasonably difficult,
due to external conditions (for example weather, visibility and light conditions) a proper execution of the contract is not possible, or this can not be carried out without a significant risk to the safety of the persons involved and / or the technology used,
revoke or revoke an official authorization (such as a filming license, permit to fly) issued for the execution of the order at our request, or for other reasons, lose its viability.
The resignation is to be explained to the client in writing and justified.
Should the resignation occur for reasons for which the client is responsible, our claim for remuneration shall be maintained.
In any case, the client owes the resignation of the proven expenses, in particular travel and accommodation costs.
5 compensation, payment
The prices are understood to be EUR net plus the respective statutory sales tax, provided that the sales are subject to German VAT law.
The remuneration is payable within 14 days from the date of the invoice and the acceptance pursuant to Section 6.
After the due date default interest in the amount of 9 percentage points above the respective base interest rate per year is calculated, without the need for a separate reminder. We reserve the right to assert further damages caused by delay.
With regard to the acceptance of the services, the provisions of the German Civil Code (BGB) apply.
Our services are deemed to have been accepted if a notification of completion has been sent to the client in text form, since the completion has taken place one week and the client has not expressly objected to the acceptance during this time.
The regulation of § 640 Abs.1 S. 3 BGB is not affected thereby.
7 offsetting, retention
The purchaser is only entitled to offsetting insofar as his counterclaims are undisputed or legally binding. The purchaser is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.
The footage made by Skynamic is copyrighted material.
In principle, the client is granted a comprehensive right of use and exploitation of the film recordings, unless otherwise expressly agreed.
The customer is entitled to transfer the right of use in the context of the contractually agreed use in whole or in part or to have the rights exercised by third parties.
The granting of the rights of use is subject to the condition precedent of the complete fulfillment of all payment claims of Skynamic from the respective contractual relationship.
Warranty rights apply.
The prerequisite for any warranty rights of the client, however, is that he immediately notifies any defects to Skynamic. If this announcement is omitted, the client is excluded with the warranty rights.
The warranty claims can only be asserted within one year after acceptance of the services.
In the case of intent or gross negligence on the part of Skynamic or its representatives and vicarious agents, Skynamic is liable according to the statutory rules; It is also liable for culpable violation of essential contractual obligations. Insofar as there is no intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act remain unaffected.
Unless otherwise stated above, the liability of Skynamic is excluded.
11 Applicable law, jurisdiction
All contracts are subject exclusively to the law of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes arising from or in connection with the respective contractual relationship is Mainz.