Terms and Conditions (Terms Image Material) of Ernst Barlach GmbH & Co. KG for Image Material

A. General

§ 1 Scope
§ 2 Conclusion of Contract
§ 3 Usage fees and terms of payment
§ 4 Delivery
§ 5 Lending
§ 6 Right of use
§ 7 Loan period
§ 8 Voucher copy
§ 9 Liability of borrower
§ 10 Right of revocation
§ 11 Warranty
§ 12 Liability

C. Data Privacy

D. Miscellaneous

A. General

§ 1 Scope
All contractual relationships between Ernst Barlach Lizenzverwaltung GmbH & Co. KG (in the following referred to as "Barlach GmbH & Co. KG") and you shall be carried out exclusively on the basis of the following General Terms and Conditions (Druckvorlage), as amended from time to time.These Terms and Conditions apply to any material of images (whether digital or printed) ceded to the customers for use. Barlach GmbH & Co. KG shall not accept provisions in derogation of these terms unless they have been explicitly confirmed by Barlach GmbH & Co. KG.

§ 2 Conclusion of contract
The Photo Archives represent the opus of Ernst Barlach and is no binding offer. The customer contacts Barlach GmbH & Co. KG specifying the requested motive, its resolution (300 dpi or 72 dpi), file format (tiff or jpg) and the intended purpose by phone or in writing by e-mail, letter, or fax.
Your purchase order is the binding statement to contemplate buying the right of use.
In case of availability of the requested motive for the desired purpose Barlach GmbH & Co. KG shall confirm your order.
The contract shall be concluded by this confirmation (acceptance of offer) of Barlach GmbH & Co. KG.
Should the product not be available as requested by you, Barlach GmbH & Co. KG will inform you thereof and, where appropriate, make an alternative offer. You are free to accept the alternative offer or to decline it.

§ 3 royalty and terms of payment
Our current royalties and information shall be applied. These prices include the value-added tax and delivery charges (within the EU). For delivery to non-EU countries we charge 12.00 euros. You can pay in advance or cash on delivery. Where necessary, for payments from abroad you bear bank charges.

§ 4 Delivery
When you place an order with Barlach GmbH & Co. KG it is your responsibility to provide us with the correct delivery address. Delivery deadlines shall be non-binding estimates, except when otherwise stipulated explicitly.
Unless otherwise agreed, deliveries within the European Union shall be free of shipping costs.

§ 5 Lending
Fundamentally, digital material of images shall solely be delivered on loan. Any digital data (on CD-ROM) remain the property of Barlach GmbH & Co. KG and are only provided temporarily to the customer.

§ 6 Right of use
Fundamentally, you are only granted a non-exclusive non-transferable right of use for one-time usage. You are not allowed to make any deformations. Any manipulation such as copying, rephotographing, photocomposing, coloration or electronic manipulation, as well as any use exceeding the agreed usage, application, reproduction or spreading is NOT allowed.
If digital data is provided for web pages, its maximum resolution shall not be higher than 72 dpi. You are not allowed to provide any option to download or copy your digital presentations. You are not entitled to cede the data to any third party. After exercising your contractually accorded right or - if not exercised - when returning the digital material, any remaining copies of the data must immediately be deleted from all electronic archives and data media.
Any duplications arising from your activity must be destroyed.

§ 7 Loan period
Unless otherwise agreed, the loan period amounts to 6 weeks. The period starts with the date of delivery. The original undamaged image material must be returned by no later than the end of the loan period. The image material will be sent back at your expenses.
When returning the image material, the customer shall bear the risk of loss or damage until the material is received at Barlach GmbH & Co. KG.

§ 8 Voucher copy
The customer provides Barlach GmbH & Co. KG, unless otherwise agreed, with two copies of the product produced using the ordered digital material.

§ 9 Liability of borrower
In case of loss or damage of the provided material you will be charged a surcharge of 100 % of the originally charged royalty. Unauthorized archiving or passing on of the provided material will be charged fivefold of the originally charged royalty for each image.
As image credit ” © Ernst Barlach GmbH & Co. KG, Ratzeburg” must be mentioned.
In case you should fail to include this credit line, a surcharge of 100 % of the original royalty will be charged.

§ 10 Right of revocation
The right of revocation is excluded according to § 312d Abs. 4 Nr. 1 BGB, as the ordered digital material is customized and purpose-built to customers’ specifications.

§ 11 Warranty
Obvious defects shall be reported in writing within a time period of two weeks after receipt of the goods. To meet the deadline, timely mailing shall suffice.
Justified defects shall only concern technical inadequacies which are technically avoidable. Not justified complaints are for example colour shifts and related aspects.
Concerning covered defects, the statutory period of limitation shall be applied.
In case of justified defects we will supply a replacement delivery or remedy the defect. We will bear the costs.

§ 12 Liability
Barlach GmbH & Co. KG is liable for defects in case of intent or gross negligence.
Concerning breach of cardinal duties, the liability in cases of simple negligence is limited to contract typically predictable damages.
The product liability remains unaffected. Authorized representatives or agents of Barlach GmbH & Co. KG are not liable in a greater extent than Barlach GmbH & Co. KG.

C. Data Privacy
The customer has been informed in detail by Barlach GmbH & Co. KG of the type, extent, place and purpose of the registration, processing and use of the personal data needed for processing the order (privacy policy). The customer expressly recognises the registration, processing and use of personal data, which will solely be used for the purpose of business relationship with the customer.

D. Miscellaneous
For contracts with merchants, corporate bodies under public law and fund assets regulated by public law, Ratzeburg is the place of fulfilment as well as jurisdiction. Contracts shall be governed by German law without recourse to the UN-Trade law, even if customers place an order from abroad or if goods are delivered to an address outside Germany.

December 2008