All trades are based on our
following conditions. All other agreements, especially contradictory
business conditions need our explicit written approvement.
2. Offers and Contracts
Our offers and all
information in our price table are subject to change. Orders are seen as
offers, the orderer is bound for 10 days. The order is accepted via our
confirmation.
Orderer ordering services
and/ or items in behalf of another party are jointly and severally liable
together with the orderer for all trade accounts payable arising out of the
order. We assume that the data transmitted for execution include all
necessary information and descriptions.
3. Property Law,
Copyright
The customer affirms that
he/ she owns the copyright of all works and reproductions we receive to
work on. Herewith we are free of all liabilities which may arise out of the
violation of the copyright or another property right. Purpose and wilful
negligence on our behalf are excluded.
The copyright will not be
transfered to the customer together with the item produced in our enterprise
- original item or copied item. We keep the copyright. Exceptions can be
made by written agreement. We reserve our copyright and property right on
estimations of costs, drawings, master illustrations and other documents.
4. Prices
Prices are net and do not
include package material, freight, postage and insurance charges. Insurances
for delivered or given works and artworks are effected only on explicit
demand of the orderer.
5. Period of Delivery
and Delivery Date
We aim to
keep up to appointed delivery dates. The right of withdrawal because of a
delay on our part is only due after an appropriate grace periode
notification. In the case of direct or indirect loss you do not have any
claims except for the delay was our wilfull or grossly negligent fault.
If obstacles beyond our
influence or the influence of one of our suppliers arise, especially
operational disturbance, strike or traffic obstacles, we will postpone the
supply of orders as long as we consider it necessary or for the duration of
the problems or we will withdraw from the contract we did not fulfill yet.
This is valid, too, if obstacles occur during a delivery delay. The customer
does not have any compensation claims.
6. Risk Assumption
We insure all our parcels and bear the
forwarding risk.
7. Guarantee
Possible flaws have to be
claimed in written form immediately or eight days after receipt of the goods
at the latest. Flaws which are not discovered directly after receipt of the
goods by careful control have to be claimed immediately after their
discovery in written form. In this case further work on or with the
goods must be stopped immediately.
Pacels damaged on the
outside need a transcript or a recording of facts from the forwarder.
The orderer must give us the possibility to inspect the goods in question.
In the case of flaws, we
reserve us the right to repair the goods or to send a replacement.
If the picture or film given
to us to work on gets damaged or destroyed we are liable only for the
replacement of the material or the replacement unless the damage was caused
by us wilfully or grossly negligent. We draw your attention on the
possibility of a special insurance payed by the customer, especially for
valuable goods.
Indemnity claims resulting
out of the impossibility of accomplishment, delay, positive breach of claim,
default at conclusion of contract and illegal action are excluded unless we
caused them wilfully and grossly negligent.
Consequential and direct
loss are excluded as well. We guarantee only for features, which were
warranted explicitly in written form.
The warranty deed finishes
if the goods are modified or treated or worked improperly. We are not liable
for goods of other suppliers, but we convey our warranty deed claims toward
the supplier to the orderer. Changes of colour on fine art prints/ canvas
prints or pictures are no reason for claims unless we gave a explicit
written guarantee for a certain time period.
8. Reservation of
Proprietary Rights
We reserve us the full
property right on all delivered goods covered by a business relationship
until they are completely paid no matter on which legal foundation.
9. Payment
Payment has to be done
immediately or 14 day after delivery or sending of the invoice at the latest
by money transfer, cheque or cash down, without any deduction. We have
the right, in the case of exceeding this payment deadline, after reminding
with fixing of a period of 10 days to take interests of 3% over the
respective market rate of German Central Bank but 6% at the least. Further
assertion of further verifiable damages caused by delay is not excluded.
10. Place of Fulfillment
and Place of Jurisdiction
Place of fulfillment for
delivery, execution and payment is 19258 Schwanheide, Germany.
11. Further Clauses
The invalidity or
uneffectiveness of single clauses of these general terms and conditions does
not touch the validity of the rest of the clauses. In this case, the parties
to a contract are obliged to replace the invalid clause by another, whose
economic and legal sense comes as near as possible to the unsufficient
clause.
© Kunsthaus Schwanheide (House of Art)
Dr. Arthur A. Keller
Painting / Photography / Graphics / DTP
Zweedorfer Straße 127, 19258 Schwanheide
Telephone: +49 - 38842 - 22506 |
FAX: +49 - 38842 - 22508 | Mobil: +49 - 172
- 421 00
60
All rights reserved, 2010-01-25
© Arthur A. Keller
© Arthur A. Keller, Atelier de l'art Schwanheide, 2010. 