General Business Conditions and Terms of Delivery
I. General
1. Offers, deliveries, and services provided by the Regina Maria Anzenberger Agency for Photographers (hereinafter referred to as "Anzenberger") shall be based exclusively on these general business conditions and specified terms of delivery. Said terms and conditions also apply when not expressly agreed. These terms and conditions are acknowledged at the latest by placement of an order or acceptance of a delivery.
2. Client counterconfirmations, making reference to his/her own business terms and conditions, are herewith contradicted.
3. Anzenberger does not consider itself bound by divergent client terms and conditions which have not been acknowledged expressly and in writing.
4. Unless otherwise specified in an individual agreement between Anzenberger and the client, the photographs described in more detail on the reverse side of this page are placed at the client's disposal for a period of 30 days, solely for the purpose of internal examination and selection, against a flat handling fee.
II. Claims
Claims concerning the content of photograph consignments can only be acknowledged if they are put forward in writing within three days after receipt of the consignment. Otherwise the photographs are considered to have duly reached the respective party as recorded. Client warranty claims and claims for damages after incorrect, modified or late delivery on the part of Anzenberger are excluded.
III. Ownership, Handling, Publication, and Transfer of Right of Use of the Photographs.
1. The photographs remain the property of Anzenberger or of the photographers represented by this agency. Therefore, photographs are available exclusively on a temporary loan basis.
2. Consignment of the photographs does not imply Anzenberger's consent to publish, duplicate, circulate or otherwise use the material as sketches, layout copies, client presentations, etc.
3. No duplication, adaptation, reproduction, or imitation of Anzenberger's photographs, no matter in what form, is permitted without written consent of Anzenberger. In the event that consent is given, duplicates must be identified/labelled as such and must be destroyed after use.
4. Anzenberger's express statement of release is required in advance for any use of its photographs, particularly for advertising purposes and illustration of articles containing tendentious or disputed views. This permission must be granted in writing; invoicing by Anzenberger shall substitute for such permission.
5. Concession of exclusive rights and blocking periods also require a separate agreement and release statement.
6. Generally, the photographs are thereby released for one-time publication in compliance with the agreed purpose.
7. The client is not entitled to assign right of use to third parties.
IV. Fees and Charges
1. Any and every use of Anzenberger's photographs is subject to a professional fee. This includes but is not limited to use of copies for layout purposes, customer presentations or sketches.
2. Fees shall be agreed upon prior to use and shall be determined by the type and scope of use. The client is obligated to provide the necessary information. Fees shall depend on the intended purpose, circulation, dispersion area, and presentation size/layout.
3. Unless confirmed otherwise in writing, agreements on fees shall be effective for one-time publication and the purpose indicated (see III.6.) in one publication and only for the first edition in the original language. Any and every further use shall be subject to additional fees and shall require Anzenberger's prior consent.
4. Slides which are removed from their frames shall be subject to a layout charge of EURO 130.-. Presentations fees remain unaffected by this.
5. The rights of use shall be deemed assigned upon payment of the agreed remuneration.
6. Exclusive rights and blocking periods shall be subject to an additional charge of at least 100% of the basic fee for utilization of the respective photograph.
V. Expenses, Commissions
1. For all orders, a handling fee and transport costs (courier service) shall be charged. These charges shall be determined by the type and scope of work involved. Minimum charge, however, shall be EURO 50.-.
VI. Terms of Payment
1. For invoicing purposes, precise information must be provided: which photograph was used, in which publication, where, and by which photographer. If this is not done, Anzenberger shall be entitled to impose an administrative surcharge in the amount of 50% of the respective basic fee.
2. Anzenberger's invoices shall always be immediately due and payable in full. Should the client get into arrears, Anzenberger shall be entitled to demand interest on arrears of the invoice amount. Said interest shall be 2% higher than the respective discount rate of the Austrian National Bank.
3. If the client has accepted the photographs on approval unconditionally, i.e. without establishment of a time limit, then the fee shall likewise be payable immediately, irrespective of when the material is to be used. This also applies when the material is not used after all.
VII. Copyright Notice and Author's Copy
1. The photographs used must be credited to: [name of photographer/Anzenberger] with an appropriate copyright notice as indicated on the transparency mount or on the photographs or in such other manner as Anzenberger may approve in writing. Any publication without copyright notice is a breach of §13 of the copyright law.
2. However, Anzenberger is entitled to ask for publication without credit, in singular cases.
3. Photographs published without credit as specified in VII.1. are subject to a surcharge of 100% of the basic fee for utilization of the respective photograph. Anzenberger shall be indemnified against the claims of third parties, especially photographers etc.
4. User agrees to send two complete author's copies of every publication to Anzenberger.
VIII. Return of Photographs
1. The client shall be liable for the photographs in his/her possession until they are returned intact to Anzenberger.
2. The photographs provided shall be returned to Anzenberger within the agreed time period, intact and properly packed. The obligation to return shall also extend to texts, original frames, etc. with the file numbers.
3. The material on loan must be handled carefully and packaged safely for forwarding. Consignments of colour slides shall be insured and must be sent by registered mail.
4. Costs "including those which arise after the return of e.g. loose photographs without proper support" and risks of return shipment shall be borne by the client.
IX. Liability and Damages
1. User shall be solely liable in the event of claims by third parties arising from the use of Anzenberger's photographs and texts, particularly with regard to violation of III.4. or violation of the personal rights of photographed persons. Anzenberger shall be indemnified by the user against the claims of third parties if such violations occur.
2. If ordered photographs are not returned within the time limit stipulated on the delivery note, the following holding fee shall be charged for each photograph, per day exceeding the deadline:
a. B/W or colour photographs EURO 0.80
b. colour slides, negatives EURO 1.50
3. Published material must be returned intact to Anzenberger following completion of printing at the latest (including original frames, texts, etc.) Failure to observe the time limit shall result in imposition of the holding fees stipulated above per day and photograph.
4. Photographs on subjects of immediate interest shall always be available on immediate decision only. If such material is not returned within 24 hours after its arrival, Anzenberger shall likewise be entitled to charge the holding fees as indicated above, regardless of additional claims for damages.
5. The same shall hold true for photographs which have been held for six months and not used, even if the material involved was not of immediate interest.
6. In the event of unauthorized production of duplicates, etc. as stated in III.3., use of photographs without prior release by Anzenberger and/or unwarranted passing on of Anzenberger material to third parties, a contractual penalty in the amount of at least EURO 1,000.- per unsanctioned utilization shall be paid. Assertion of additional claims for damages shall remain unaffected by this.
7. Fair and reasonable damages shall be paid for damaged (e.g. through fingerprints and scratched in layout marks on the edges of slides) or unreturned photographs or photographs which have been lost in the risk area of the orderer/user. The amount to be paid will be generally determined by the degree of damage and the extent to which the photograph's usability has been thereby limited.
The following amounts must be paid, without Anzenberger being required to submit proof of the extent of damage:
a. B/W (press prints) or colour photographs, replaceable EURO 100.-
b. B/W photos (baryte prints) EURO 400.-
c. Colour slides (duplicates) EURO 150.-
d. Colour slides (originals) EURO 2,000.-
e. CD-ROMs EURO 50.-
Both parties reserve the right to produce evidence that more or less damage occurred. Anzenberger is entitled to assert claims in individual cases of three to ten times the amounts of the agreed upon or usual license fee.
8. Should colour slide originals which have been reported missing and invoiced be found within one year after delivery and returned intact, Anzenberger shall refund 50% of the replacement sum paid.
9. Payment of the lump-sum settlement for damages does not, however, give the client right of use or ownership of these photographs.
X. Texts
1. Texts supplied are likewise subject to a fee if used.
2. Intended publication or circulation may only be undertaken after the agreement and express consent of Anzenberger. Such authorization cannot be granted if Anzenberger does not hold the rights or if ownership of the rights has yet to be clarified. In such cases the texts are provided for information only.
3. Texts released for publication may only be abridged or changed with the written consent of Anzenberger.
4. In the event of publication or circulation of texts without the required consent, a contractual penalty in the amount of EURO 1,000.- shall be paid per unauthorized use. Assertion of further claims for damages shall remain unaffected by this.
5. As for the rest, other provisions of this agreement apply accordingly.
XI. Other, Place of Jurisdiction, Place of Performance
1. Any additional agreements made orally are not valid.
2. Austrian law shall apply for all international deliveries of photographs.
3. In the event that one or several of the provisions of these business and delivery terms and conditions should become null and void, the remaining provisions shall remain unaffected.
4. Place of jurisdiction and performance is Vienna and Munich for Germany.
Terms and Conditions for Use of the Internet Image Data Bank Made Available by the Agency of Photographer Regina Maria Anzenberger (as Supplement to the General Terms and Conditions)
In addition to our General Terms and Conditions for Sale and Delivery (AGB),
the following special terms and conditions shall apply to the use of our
online data bank:
1.) Access to the data bank shall be possible only with a valid user number
and password. They shall be handled with confidentiality by the Agency of
Photographer Regina Maria Anzenberger. In the event that the access
information is misused due to the negligence of the customer, the customer
shall be liable for any damages which arise therefrom.
2.) The customer may use the data bank of the Anzenberger Agency in order to search for photographs which are saved online in the image database and to transfer these photographs in preview (low-resolution) form or as high-resolution data files.
3.) The customer shall have no claim to permanent availability of the
Anzenberger online server. The agency shall have the option at any time to
shut down the server temporarily or permanently and to modify, delete or
supplement the contents which are saved thereon.
4.) Customers may perform searches free of charge. The costs of scanning set
forth in Paragraph 5 below shall apply to the transfer of preview
(low-resolution) images and high-resolution images.
5.) The following service charges shall apply to the transfer of images:
high-resolution scans – EUR 10 per scan; preview scans EUR 2,50 per scan;
thumbnail scans are free of charge.
6.) In addition, a separate use fee shall be charged for the use of
transferred photographs. This fee shall be agreed before the publication of
such photographs. In the event that no such agreement exists, the
Anzenberger Agency shall charge fees according to the Fee Schedule of
Mittelstandsgemeinschaft Foto- Marketing (MFM) which is in effect at the
time of use; a minimum charge per image of EUR 155, however, shall apply.
7.) Permission for use shall be obtained separately for each individual use.
Lump-sum agreements regarding individual publications shall be possible, but
are required to be in writing.
The customer shall be allowed to save transferred photographs beyond the
length of time of the current production only by obtaining the written
permission of the Anzenberger Agency.
In all other cases, our General Terms and Conditions for Sale and Delivery
shall apply.
