Terms & Conditions

Contents:

1. Introduction
2. Contract partner
3. Conclusion of contract
4. Terms of payment
5. Prices
6. Arrival & departure and stay
7. Materials and data 
8. Deklaration of clearance & product liability
9. Delivery
10. Overnight-service
11. Delay & cancellation
12. Industrial property rights and copyright

 

1. Introduction

For all business relations, actions and services between the client and Premago des Gurndin Benjamin (“Premago”) only the Terms and Conditions described hereafter are valid, in the version prevailing at the time of the conclusion of contract, unless changes were agreed to in writing. The contractual relationship is subject exclusively to Italian law, in the case of deliveries with the exclusion of the UN Sales Convention. This also applies to activities or publications abroad. Conflicting terms from the client are not recognised by Premago. All agreements to change or complement the contract should be put down in writing.

 

2. Contract partner

The contract partner for all transactions is Premago des Gurndin Benjamin, represented by the proprietor Mr Benjamin Gurndin. The registered office is in Luigi Negrellistraße, 15, 39100 Bolzano, Italy. Premago can be reached via:

Telephone: +39 3483753206

E-mail: info@premago.com

Website: www.premago.com

 

3. Conclusion of contract

An offer to the client has a validity of no longer than 10 days,  A commitment only comes about after a binding order from the client to Premago constituted by the signing of of the offer by the client.By placing an order or accepting an offer from Premago the client accepts these terms and conditions.

 

4. Terms of payment

All our offers are non-binding. If an advertising agency places an order under its own name from a third party who’ll also be invoiced, then the advertising agency accepts liability for the full payment of the invoiced sum.

Unless changes were agreed to in writing, invoices are due right away, because it is primarily a question of the settlement of wage costs and also packing material, postal charges etc. In the case of a delay in payment the standard banking interest is charged (but at least 10% p.a.). The cost of payment reminders as well as the cost for the intervention of third parties (debt collection agency) will be charged to the debtor.The client does not have the right to withhold or offset payments in the case of counter claims, whatever the nature of the claim. When more than one person awards us one and the same contract, they are jointly liable, also if the contract was awarded through a third party. Terms of payment, discounts, or any deductions will not be granted. In case of a delay in payment the client is obliged to reimburse  the costs of payment reminders, lawyers fees and legal costs. Defects must be reported to us within 14 days after the delivery date. All disputes originating from the legal relationships of the contract partners are to be decided exclusively by the relevant court of law in Bolzano.

 

5. Prices

Unless explicitly agreed differently, the prices of our price list apply. The prices do not include VAT. Packing- and shipping costs are charged separately. There are surcharges for special versions .

Price increases in acquisition- and production costs and wages etc.  that happen before the delivery deadline, entitle us to corresponding price increases. Offsetting counterclaims or withholding payments by the client are excluded. Besides the postage which is required in any case, we have the right to be variable with delivery, advance payment or provision of security until the amount of the invoiced sum.

Should the requested advance payment or provision of security not be forthcoming within the time limit, we have the right to terminate the contract. In this case the client will have to reimburse the services already rendered. We assume no liability  for taxes, duties and for customs duties that are caused by the movement of goods to or from clients. The client indemnifies Premago against possible liabilities.

 

6. Arrival & departure and stay

Arrivals and departures by Premago take place at/from Bolzano.  Travel costs are calculated as follows: € 0,80 per kilometer driven, unless otherwise agreed in writing.When travelling by train, plane etc. and when an overnight stay is necessary the real costs and expenses for the stay ( as per receipt) are charged. Food and drink during the shoot are provided by the client free of charge. Should the client want to change things during or after the shoot, additional costs will be charged. Premago is entitled to remuneration for work already started. For a spontaneous extension of the shoot on the express wish of the client a fee is charged for the extra hour started, as long as no written agreement was made before the start of the contract. Extra periods can be charged per half hour.

 

7. Materials and data

We have the right to charge an adequate storage fee  for the period we store the materials. If the client does not dispose of the material left behind after three weeks at the latest, the material will be sent back freight collect.

Technically perfect images that, because of different views about the artistic realisation by Premago, may lead to disappointed expectations with the client, do no represent defects. In the case of reproductions, repeat orders and enlargements, colour differences may occur when compared to the original or the first batch of pictures. Differences in colour can also occur in photographic prints and every kind of printing procedure which were produced from a digital file. This is not a defect of the work and therefore a complaint is not justified.

Premago does not commit itself to permanently archive the image material produced during the realisation of a contract, but declares itself prepared to preserve the image data until at least six months after the realisation of the contract. Claims for damages on account of default or delay, impossibility of performance, violation of legal and/or contractual incidental and protection duties at the conclusion of contract, are excluded as long as the damages were not caused by grossly negligent or wilful behaviour on the part of Premago. Premago is not liable for the loss of stored data. Premago does not provide compensation for the damages in a computer caused by transmitting data. Premago has the right to contract third-party laboratories, producers of photo books, external graphic artists, printing companies etc. Furthermore Premago has the right to render a service using its own staff or using external labour. Premago is only liable for its own negligence and only for grossly negligent or wilful behaviour. Compensation beyond the value of the material is excluded.

 

8. Declaration of clearance and product liability

When awarding the contract, the client declares to our firm the harmlessness  of all products circulated by us on behalf of the client and declares at the same time that all the products conform to the relevant European laws or the laws of the particular country of destination in every respect. Should legislative action be undertaken against Premago  because of such violations, the client declares to hold Premago harmless.

We are not liable for products that we circulate on behalf of the client, nor for product information that we issue analogous to customer guidelines, in any way possible in line with consumer and product liability law. Should legislative action be undertaken against Premago  because of such violations, the client declares to hold Premago harmless.
All material made available to us by the client should reach us in time, delivered free and duty paid. The customer is responsible that form and content of the material do not violate statutory provisions. We are not obliged to check the material and the costs per unit. All the materials accepted by us and the addresses given to us by the client to administer are insured against damages by fire, burglary and tap water to the value of the material or production value as part of an insurance taken out by us. Further liability is excluded.

 

9. Delivery

Delivery dates in our order confirmations are the dates on which the deliveries leave our company. We are not liable for delays. We only recognise transactions for delivery at a fixed time, when they have been confirmed as such by us in writing. We are, however, not committed to these fixed delivery dates, when, during the processing of material provided by the client, delays arise that we cannot be responsible for. For delays that the client is responsible for (also when there is no fixed delivery agreement), we have the right to charge a reasonable hardship supplement.

Shipment is made at the client’s risk, we decide about the type of shipment. Packet and railway shipments are to be paid by the client on arrival, unless differently agreed in writing. The postage necessary for the postal delivery must be credited to one of our bank accounts under the name “postage”, by the date mentioned on the order confirmation. Should the delivery to us of the required material be delayed, should the copy of the order confirmation not be sent back to us signed and in time, is the advance payment of the postage delayed or is the description “postage” lacking, then also the confirmed delivery date is deferred. The client is responsible that the content of advertising material delivered to us does not violate any regulations and that the client keeps us harmless in this respect.

 

10. Overnight-service

The overnight service can only be guaranteed after an advance payment, a surcharge, after agreement with our team up to a delivery volume of 100 images and only on working days.The advance payment can be effected via a bank transfer to our bank account (IBAN IT34G0811558490000301044931) or to our PayPal account (https://www.paypal.me/premago). The surcharge starts from 5 pictures and is € 25,00 net, plus VAT.
Our team is at your disposal via e-mail from 08:30 until 20:30. Should your order not be answered at once because of internal overload, you will receive an e-mail after your application.Your photographs are ready for download for 24 hours at the most. Should, however, Premago not be able to produce the image data at the agreed time due to special circumstances, as e.g. a sudden illness, a traffic accident, environmental influences etc, Premago is not liable for damage, loss or consequences resulting from it. In case the surcharge has been paid by the client, Premago will return the paid surcharge. Should Premago not be able to trade in the short term because of an act of God, Premago will endeavour, if required, to find a replacement service provider who will provide the services under similar conditions. However, the client cannot exercise a claim in this regard.

Please note, that all corrections regarding aspects of the offer, require a surcharge and cannot be guaranteed within 24 hours. Unfortunately, for more complex processing the 24 hour service is not available. Orders with larger quantities or more complex processing are brought forward by this function and delivered as soon as possible. The exact processing time depends on the volume and the nature of your order. Normally images are ready for download within 24 hours at the most, more complex or larger orders within 48 hours at the most.

 

11. Delay and cancellation

Organising, allocating and executing orders is done with great care. Should, however, Premago, due to special circumstances, such as e.g. a sudden illness, a traffic accident, environmental influences etc, not be able to appear at an agreed time or finish an order on time, Premago is not liable for any resulting damage, losses or consequences. In case the surcharge has been paid by the client, Premago will return the paid surcharge. Should Premago not be able to trade in the short term because of an act of God, Premago will endeavour, if required, to find a replacement service provider who will provide the services under similar conditions. However, the client cannot exercise a claim in this regard. In the case of wilful intent or gross negligence by the client Premago can also assert claims for damages. If the client terminates the contract before the agreed work is done, the following parts of the agreed fee must be paid to Premago as cancellation fee:

• Cancellation until 1 month before the start of the agreed work: no cancellation fee is charged.
  
  
• Withdrawal fewer than 20 days before the start of the agreed work: 20% of the agreed fee is charged as cancellation fee.

• Withdrawal fewer than 10 days before the start of the agreed work: 35% of the agreed fee is charged as cancellation fee.
  
  
• Withdrawal fewer than 3 days before the start of the agreed work: 50% of the agreed fee is charged as cancellation fee.

Legal withdrawal rights are unaffected by this regulation. Down payments are not returned in the case of  contract withdrawal or failing to comply with agreed deadlines. If the job cannot be performed due to an act of God (a thunderstorm during an outdoor shoot, or a serious illness, accident etc.) on the part of the client no cancellation fee is charged.

 

12. Industrial property rights and copyrights

All rights of use and copyrights are held exclusively by Premago, also after the conclusion of a contractual agreement. When a limited right of use or right of reproduction is transferred by Premago to the client and the data are used in public, a reference to Premago’s copyright is obligatory, unless something different was agreed in writing. With the pictures the client also acquires the right of reproduction and the right to transfer to a third party. Until payment is made in full the materials and data delivered remain property of Premago. The right of use only passes to the client after full payment of the fee. Premago is allowed to use the photographs within the framework of its own advertising and journalistically as illustrations (e.g. for exhibitions, the home page, the blog, Facebook etc), unless something different was agreed in writing. 
Production documents, such as e.g. organisational and marketing concepts, always remain the property of our firm and are subject to the applicable statutory provisions with reference to reproduction, imitation, competition etc. The client guarantees that all documents provided by him for the execution of the order  are free from rights of third parties and can therefore be used for the intended goals. The client has the obligation to check these documents (photographs, logos etc) for possible copyrights, trademarks, labelling rights as well as other rights of third parties (rights clearance). We shall not be liable in case of merely minor negligence or after performing our obligation to warn – at any rate in our internal relations with the client – for an infringement of such rights of third parties due to documents provided by the client. Should a third party have recourse to us because of such an infringement of the law, the client shall hold us harmless  and indemnify all disadvantages connected with such recourse by third parties, especially the cost of appropriate legal representation. The client is obliged to support us in the defence against claims of third parties and to this end to provide us, without prompting, with the necessary data.

The obligation to inform all relevant persons, to obtain personal rights, rights of use and property releases or to be in possession of sufficient permissions from the copyright-/licence holder, is confirmed by the client to the service provider (Premago) and does not belong to the contractual services. Thus the client makes sure that no copyrights or other rights of third parties are violated. In so far as  Premago is accused of violating the rights of third parties in connection with the implementation of contractual services,  the client shall hold Premago harmless from all relevant claims. In particular Premago is not obliged to check if there is a threat of violations of rights with the implementation of contracted services. The client shall bear all costs for the rights, the obtaining of rights and their application.