General Terms ans Conditions
General Terms and Conditions of Timmermansoog
In these General Terms and Conditions the following terms have the following meanings: Aw: Copyright Act 1912
Photographic work: photographic works as referred to in Article 10 paragraph 1 sub 9 Aw, or other works within the meaning of the Aw, which can be aligned with the photographic works referred to.
Image carrier: the carrier on which a Photographic work (whether or not recognizable by eye) is recorded, such as a slide, negative, print, polaroid, CD-ROM, DVD or USB stick.
Photographer: the user within the meaning of art. 6: 231 BW.
Counterparty: the counterparty within the meaning of art. 6: 231 BW.
Use: reproduction and / or publication within the meaning of Article 1 in conjunction. 12 and 13 Aw.
These General Terms and Conditions apply to all legal relationships between a Photographer and a Other Party, including quotations, order confirmations and oral or written agreements, even after the termination of an agreement, unless the parties have deviated explicitly from these conditions in writing.
Offers are without obligation, unless expressly stated otherwise. The Photographer has the right to withdraw from this offer up to two working days after receipt of the acceptance of his offer. The offer does not oblige to deliver part of the performance at a proportional price.
4.1 If the parties have not agreed a fee, the fee usually used by the Photographer applies.
4.2 If and insofar as it is not possible to speak of a customarily used fee, the Photographer will determine the fee in reasonableness and fairness, whereby the Photographer will be able to link to (i) the market fees for comparable assignments, between comparable clients and comparable contractors, where reference can be made to fees as charged by colleagues of the Photographer, (ii) what in previous cases have been legally considered fair and equitable, (iii) comparative fees such as those in surrounding countries by photographers in be charged and (iv) the scope and scope of the use of the work desired by the Other Party.
4.3 If it is plausible that the Photographer has incurred higher costs and / or performed additional work, which were reasonably necessary, these costs and / or additional work are also eligible for compensation by the Other Party.
5. Invoice and payment
5.1 The Other Party will check the Photographer's invoice for inaccuracies. If the Other Party has not rejected the invoice in writing within ten working days after the invoice date, stating the relevant reasons, and has returned it to the Photographer, the invoice in question will be binding between the parties and any right of the Other Party to complain will lapse.
5.2 Payment must be made within 14 days of the invoice date.
5.3 The Other Party makes the payments owed to the Photographer
without discount or claiming compensation, subject to offsetting with deductible advances recognized between the parties, which he has provided to the Photographer.
5.4 If the Photographer has not received the amount due within the period referred to in 5.2, the Other Party will be in default and will therefore owe statutory interest, to be increased by 2%.
5.5 If the Other Party is in default or otherwise fails in the fulfillment of one or more of its obligations, including a copyright infringement, then all costs incurred in obtaining satisfaction in and out of court.
5.6 No use of the Photographic Work in any way is permitted, as long as the Other Party has not yet paid any outstanding invoice from the Photographer or otherwise has not yet fully complied with any obligation arising from any agreement with the Photographer.
6.1 If the compensation is in any way made dependent on facts or circumstances, which must be apparent from the administration of the Other Party, the photographer has the right, after a statement from the client, to check the administration of the client by a photographer to appoint RA / AA accountant.
6.2 In the event that the outcome of the audit deviates by more than 2% from the statement and settlement of the Other Party, the costs of the audit will be borne entirely by the Other Party. In addition, the Other Party will then pay the Photographer the fee due on the basis of the actual data.
7. Evidence copy
When publishing a Photographic Work, the Other Party must immediately provide a copy of the publication to the Photographer without any cost calculation.
8.1 Image carriers are delivered to the building where the Photographer conducts his business.