We would like to thank you for your order, which will be executed exclusively subject to the following terms and conditions of delivery and payment.
German Law, Place of Jurisdiction is Cologne
The business relationship between Klangarchiv and the customer is exclusively subject to the General Standard Terms and Conditions stated herein according to the valid version at the time of placing the order. Any other conditions, not included herein, should be made in writing. These Terms and Conditions shall apply to all future transactions with the customer, as far as legal transactions of similar nature are concerned.
Unless otherwise agreed, the music titles will be delivered promptly online in the form of audio files. Possible deadlines are not binding, unless they are explicitly stated to be binding.
In the event of a delay in delivery not brought about by intent or gross negligence on our part, we shall accept liability for every full week of delay within the scope of the lump-sum compensation for delay in the amount of 3 % of the delivery value, not exceeding a maximum of 15 % of the delivery value.
Klangarchiv retains the sole right of ownership and copyright for all documents submitted to the ordering party in connection with the placement of the order. The documents may not be made accessible to third parties, unless we have given the customer our explicit written approval.
The customer pays the purchase price on account after receipt of goods. The purchase price is payable within 8 days after delivery, unless otherwise agreed. The licence to use our music is only valid after payment. Default interest shall be calculated per annum in the amount of 5 % above the base interest rate announced by the European Central Bank. The assertion of a higher damage caused by delay remains reserved.
If the goods are shipped to the customer on his request, the risk of their accidental loss or deterioration passes over to the customer with their despatch to him, at the latest upon leaving the warehouse. This shall be valid irrespective of whether the goods are shipped from the place of performance or who bears the freight costs.
We retain ownership of the delivered goods until all claims arising from the delivery contract have been paid in full. We are entitled to take back the purchased goods, if the customer behaves in contrary to the contract.
The customer is entitled to resell the licences to its clients (users of music). The customer, as invoice recipient, is liable to pay. If the customer does not fulfill his payment obligation, Klangarchiv is entitled to invoice the licences directly to the users of the music.
The limitation period for claims arising from defects shall be 24 months after delivery of the goods to the customer. Within this period compensation for shortcomings is done by making free subsequent repairs or replacement delivery. If the deficiency is not remedied in a reasonable period, the customer may withdraw from the contract. For claims for compensation based on the breach of duty of the user, the legal limitation period is valid.
Klangarchiv is only liable for intent or gross negligence and only for such typical damages, which were foreseeable at the time the contract was concluded; this limitation of liability also applies in case of fault of vicarious agents. The precedent sentence shall not apply in the case of the breach of essential contractual obligations, in cases of injury to life, body or health as well as claims resulting from the product liability law.
This contract, as well as the entire legal relationship between the parties, is subject to the law of the Federal Republic of Germany, excluding the UN Convention for the International Sales of Goods (CISG). Place of fulfillment and exclusive place of jurisdiction for all disputes arising from this contract is our place of business.