rt1.tv production GmbH
1. Validity of the general terms and conditions
1.1 For contracts with rt1.tv production GmbH - hereinafter rt1.tv - the following exclusive general terms and conditions apply - hereinafter terms and conditions. Technical information on rt1.tv's valid price lists at the time the order is carried out and/or the contract is in force, is valid in addition to these terms and conditions.
1.2 Conditions opposing and/or deviating from these terms and conditions of rt1.tv, in particular general terms and conditions do not become a subject matter in this contract, unless rt1.tv expressly agrees to their validity in writing.
2. onclusion of contract, Withdrawal
2.1 Quotes submitted by rt1.tv are non-binding and represent a request by rt1.tv to the recipient to place an order with rt1.tv. Orders become binding for rt1.tv only if they are confirmed in writing by rt1.tv. Type and scope of service arises out of the specific order confirmation.
2.2 The client of rt1.tv accepts full liability for defects of title and/or defects of quality and holds rt1.tv harmless of any claims of third parties to their full extent (see section 4.3 in this context). By placing the order, the client expresses that s/he is authorised to issue all contracts and/or orders, as well as to carry out all associated legal transactions and instructions and that no administrative measures, legal regulations, etc. oppose the placing of an order and/or conclusion of the contract.
2.3 rt1.tv is entitled to use subcontractors to render (partial) services
2.4 In the event that rt1.tv is prevented from providing its services by circumstances for which rt1.tv cannot be held and/or made responsible, in particular due to unpunctual fulfilment of cooperation obligations by third parties, rt1.tv cannot be held liable. rt1.tv shall not be charged in such an event.
2.5 rt1.tv always reserves the right to withdraw from orders and/or contracts, particularly if an important reason applies. Contrary to this, clients of rt1.tv can only withdraw from contracts with prior written consent from rt1.tv. If the client withdraws subject to these regulations, rt1.tv charges the agreed remuneration to the client.
3. Obligations of the client
The client is under obligation,
a) to provide full insurance for objects possibly submitted to and/or held by rt1.tv and to show such documents to rt1.tv upon request,
b) to have a back-up copy and/or a sample suitable for the replacement of the respective material available,
c) to inform rt1.tv immediately of any changes in his address, that of his company and any rightful holders,
d) tto inform possible holders of third-party rights about these terms and conditions and to obtain their written agreement of the validity of these terms and conditions,
e) to accept the respective contractual services within the contractual time limit, as well as to
f) respond to enquiries and statements from rt1.tv within an appropriate period of time and, if necessary,
g) to comply with all other general cooperation and diligence obligations which may exist for the fulfilment of the respective contract.
4. Film, video and audio-technical services
4.1 The scope of service agreed to by rt1.tv arises out of the order confirmation (see section 2.1).
4.2 If a client is under obligation to acquire and/or provide (video, audio, text and/or other) material to rt1.tv in the context of carrying out the contract, the client has to provide the respective materials in time, at the latest however 10 working days (Monday to Friday) prior to the implementation of the order and/or the contract, free of charge in a standard, usable format. In the event of orders and/or contracts set-up at short notice, appropriate dates are to be agreed upon. The client bears the risk for any defects in broadcasting. If cooperation obligations are violated, section 8.1 comes into force regarding financial settlement. In such an event, materials already delivered remain with rt1.tv. A storage obligation, however, does not exist. rt1.tv is entitled to archive and copy the delivered materials, as well as to disclose the material to third parties for information purposes.
4.3 The client warrants that s/he holds all the necessary rights on the materials supplied by him/her, for utilisation in the context of the contractual service, including copyright, use, performance protection, and other rights. To this extent, rt1.tv has no obligation to verify this. The client transfers to rt1.tv all rights attached to these materials, necessary for the fulfilment of the contract and does so temporally, geographically and content wise to the extent required for the execution of the contract and/or these terms and conditions. In the event of violations of the rights transferred thereafter to rt1.tv, rt1.tv reserves the right to claim damages. The client thereby accepts full liability for content, usability and legal permissions of materials acquired for and /or provided to rt1.tv in accordance with section 4.2, and comprehensively and to the fullest extent indemnifies rt1.tv against all types of third party claims, and especially against claims under advertising, competition and copyright law. Furthermore, this indemnity covers comprehensively and to the fullest extent, expenditures of any kind - in particular legal defence costs - which arise and/or had arisen for rt1.tv in that context. The client is under obligation to support rt1.tv in good faith with information and documents during a legal dispute with third parties.
4.4 The client guarantees the contents and legal permissions of the (contractual) services that are to be or have been carried out by rt1.tv, and assumes full liability for them. In particular, the client has to ensure that the contents of the contractual service do not violate any lawful/legal and/or administrative regulations and/or public policies, and that the technical quality and/or the quality of the content is not unreasonable for rt1.tv. In this respect, rt1.tv has no obligation of verification pursuant to section 4.3 paragraph 2.
4.5 rt1.tv is entitled to all copyrights that develop during fulfilment of each order and/or contract. The rights to which the client shall be entitled to after fulfilment of the order and/or the contract by rt1.tv, will be stipulated in a separate contract with the client.
4.6 If rt1.tv copies and /or edits video and/or audio material which had originally not been created by rt1.tv, rt1.tv only accepts the obligation to carry out the copy process professionally.
4.7 For colour copies/audio recordings and/or video recordings, the assessment of colours/audio settings is subjectively very different. As far as the client did not provide any instructions, the adaptation of colours/audio settings is carried out during the execution of the order at rt1.tv’s discretion. For material or process and/or system-dependent colour and/or audio fluctuations, the commercially accepted tolerances apply.
4.8 The client is under obligation to provide information necessary for invoicing the account with the responsible collecting society. If the client does not submit such that information to rt1.tv, s/he implicitly assures that the service ordered by him/her does not contain content bound by licensing laws. rt1.tv is entitled to inform the collecting societies in the context of the legal and/or contractual regulations. The client expressly indemnifies rt1.tv against any claims from collecting societies.
4.9 rt1.tv is permitted to sign for fulfilled contractual services in a reasonable and industry-wide accepted manner, and to publicise them in self-promotion.
5. TV services: Renting out & transfer for use to third parties
5.1 rt1.tv rents out TV and sound studios.
5.2 rt1.tv does not accept liability for the suitability of the rented item for the purpose intended by the client. The responsibility to comply with existing statutory regulations and laws rests exclusively with the client. The client is responsible for observing the proper safety obligations for the property/-ies and/or room/s leased to him/her. The client is under obligation to consider and comply with applicable regulations and other relevant laws, as well as commonly accepted occupational health and safety rules. Fire fighters, medical personnel and security staff are to be provided - as far as officially prescribed - by the client, or shall be expensed by rt1.tv according to employ.
5.3 The client has to immediately upon transfer of the rented object inspect it thoroughly and determine its external condition.
5.4 The client is under obligation to treat the rented object/s leased to him/her with care and to insure it/them adequately. Furthermore, the client is obligated to set up or dismantle the rented object/s or parts of it - if necessary - according to the manual provided and to operate it in accordance with the instructions provided. The right to sub-let or lease to third parties is not granted.
5.5 The client has to use the rented object exclusively for the intended purpose as agreed upon in the lease. The client is not permitted to carry out alterations to the rented object. The client guarantees normal use and correct operation of the rented technical devices by sufficiently qualified personnel.
5.6 The client is unreservedly liable for violations of legal regulations that occurred during the rental period, and indemnifies rt1.tv against all fines, fees and other costs, if such are imposed on rt1.tv.
5.7 The client is responsible for all damage to the rented object/s which come about because of a violation of his/her duty of care and prudence, as well as for all damage that arises due to inappropriate handling or excessive use of the rented object, and further also for the destruction and extraction of the rented object (e.g. theft). To the same extent, the client is also responsible for damage caused by his/her assistants, employees, aides and/or relatives or any other third party. This also applies if it cannot be determined which person caused the damage. Irrespective of origin, in the event of loss the lessee has to disclose in writing to the lessor the relevant damage, destruction and/or the extraction of the rented object, if not immediately then at the latest upon its return.
5.8 If claims are made against rt1.tv - irrespective of the origin and the amount - which are based on the fault of the client and/or his/her assistants, etc. (see section 5.7), the client will indemnify rt1.tv against these claims without reservation upon first request. The client is under obligation to support rt1.tv in good faith with information and documents during a legal defence against third parties.
5.9 The rented rooms are to be returned at the end of the lease in the same condition that they were handed over to the client at the beginning of the lease. For the duration of dismantling or cleaning works, full daily rent is charged. The client bears the costs of dismantling and cleaning, as well as those of any garbage disposal.
5.10 rt1.tv does not assume liability for objects of any kind that were brought into the rented rooms by the user and neither grants insurance protection.
6. Mobile production
6.1 rt1.tv offers and/or carries out services for mobile TV productions.
6.2 It is the client's responsibility to organise sufficient parking space for the vehicles and electricity supply for operation of the technical equipment provided as per the offer. The client ensures a technical environment that is in accordance with rt1.tv’s specifications, as detailed in the relevant order confirmation.
6.3 The client furthermore contributes free of charge, within the scope required, to implement the order, by e.g. providing employees, work space, a technical environment, software, data and telecommunications systems and by supplying other services necessary in individual instances (see section 3). If the client provides systems and/or devices that are to be connected completely or partially to rt1.tv systems and/or are to be operated by employees of rt1.tv, the client guarantees compliance with relevant legal and other safety regulations. In particular, such client systems and/or devices have to correspond to the norms and authorised standards, and other relevant - also technical - standards and/or regulations applicable in Germany. The client is liable to the fullest extent for damage to rt1.tv systems and/or equipment which results from improper connection with rt1.tv systems and/or equipment, furthermore for damage which results from use of faulty client devices and/or their connection with systems and/or equipment of rt1.tv.
6.4 outsidert1.tv reserves the right to interchange technical equipment for mobile outside broadcasts in deviation from the descriptions and manufacturers specified in the quoted offer, insofar as the client’s technical production requirements are thus not changed adversely.
6.5 rt1.tv cannot guarantee 100% certainty of production for mobile outside broadcasts, due to possibly extreme stress on the broadcasting equipment used - through transport, temperature, humidity, mechanical effect, cases of force majeure, etc. To this extent, rt1.tv is not liable, unless rt1.tv is grossly or deliberately negligent. In case of broadcasting disruptions, rt1.tv will immediately try to find a damage control solution as far as is reasonable economically and logistically for the order and/or for the contractual service and as far it does not lead to disproportionately high costs.
6.6 Sections 5.6 to 5.8 and 5.10 respectively apply to contractual services in accordance with section 6. Beyond this, the client is also under obligation to appropriately secure moveable rented objects in extreme weather conditions (e.g. storm, heavy snow fall, etc.); the same applies to the apprehension of damage to the rented object by vandalism, etc. Vehicles may only by driven by the lessee and - if agreed upon - by his/her assistants. Drivers must hold the official and valid licences and authorisations required for the rented vehicle.
6.7 Sections 4.2 to 4.9 respectively apply to contractual services in accordance with section 6.
6.8 For disruptions and defects of technical facilities of third parties, in particular if they affect the contractual service of rt1.tv, liability on the part of rt1.tv is excluded in principle.
7. Remuneration / Retention of title
7.1 Remuneration depends on rt1.tv's valid price lists in each instance, unless expressly agreed upon otherwise in writing. The client bears receipted expenses on behalf of rt1.tv such as travel and accommodation expenses, and other expenses associated with the fulfilment of the contract.
7.2 The prices of rt1.tv are net prices in Euro and are understood plus the effective legally required value added tax (VAT).
7.3 If the period between conclusion of contract and the provision of the service exceeds a duration of more than four months, and if during this time on the part of rt1.tv the costs for service provision increase (in particular due to collective wage contracts, materials price increases and related costs), rt1.tv is entitled to pass on such price increases to the client.
7.4 The item of contract and/or the product of the contractual service remain the property of rt1.tv until full payment from the client.
8. Terms of payment, maturity, contractual exclusion of setoff /withholding rights
8.1 Prices are understood as invoiced with immediate effect.. Payment for permanent or service contracts are to be settled as invoiced at the beginning of the respective accounting or contract period.
8.2 Invoices from rt1.tv are considered accepted, if the client and/or the contracting party does not object in writing within 14 days from date of invoice.
8.3 From the due date and receipt of the invoice rt1.tv is entitled to charge default interest, unless payments are made within 21 days of invoice date. Relevant here is the crediting on the rt1.tv account. Maturity and default interests are payable as legally stipulated. rt1.tv reserves the right to assert any further claims. It is hereby at the customer’s discretion to provide evidence of non-incurred or lower interest loss than the claimed lump sum loss.
8.4 In the case of charge backs, rt1.tv charges a fee of EUR 12.00 without VAT.
8.5 As far as the contracting party does not fulfil its obligations for payment as stipulated, rt1.tv is entitled to retain further or other services regarding the contracting party until full payment of the amount pending as stipulated. The option to claim compensation/punitive damages and interest in arrears because of the delay in payment, remains intact.
8.6 The client can only invoke setoff and/or withholding rights, if these counterclaims were determined in a legally binding form, are undisputed and/or were accepted by rt1.tv in writing. The client is not entitled to a right of lien for claims that do not originate from the same contractual relation.
8.7 If after conclusion of a contract, the financial circumstances of the client substantially worsen and remuneration is endangered or such a change comes to rt1.tv’s attention, rt1.tv is entitled to refuse fulfilment of obligations resulting from the contract until the client has fulfilled his/her obligations from this contract or provided security, or insist on advance payment.
9. Force majeure, Delay in delivery or performance
9.1 In the event of force majeure, rt1.tv is entitled to postpone or completely dispense with rendering the service for the duration of the respective impairment. Force majeure includes all circumstances that rt1.tv cannot be held liable for and which made it impossible or unacceptably difficult for rt1.tv to provide the service, e.g. strike action or legal lockout, war, import / export prohibitions, scarcity of energy or resources, and unpunctual delivery that rt1.tv cannot be held responsible for.
9.2 If a service is delayed after expiry of the allocated service provision time at the client's request, rt1.tv will charge any costs incurred from that point in time onwards to the client.
10. Warranty claims
If the aforementioned conditions regarding the individual business areas of rt1.tv do not contain deviating provisions, the following applies in the event of complaints:
10.1 Unternehmer iSv § 14 BGB [Contractor as per § 14 Civil Law Code]: Contractors shall inspect the contractual item immediately upon delivery and/or - for services performed - upon production and, if an apparent defect is evident, shall inform rt1.tv immediately of it in writing, otherwise - for services performed - to confirm acceptance in writing. Initially non-apparent defects must be communicated to rt1.tv by contractors immediately in writing when they are noticed upon delivery and/or upon acceptance, at the latest however, within a year thereafter.
10.2 Verbraucher iSv § 13 BGB [Consumer as per § 13 Civil Law Code]: Consumers shall communicate apparent defects immediately upon taking delivery of a contractual item and/or after performance of a service, at the latest however, within 2 weeks after delivery. Similarly, non-apparent defects shall be communicated to rt1.tv in writing at the latest within 2 years after taking delivery of the contractual item and/or after acceptance of a service performed.
10.3 If a client fails to meet the aforementioned exclusion time frames for announcement of apparent defects, the contractual item is considered as authorised and/or - in the case of a service performed - as accepted.
10.4 In the event that the aforementioned notice requirements are not complied with, warranty claims are - if legally permissible - excluded. The notice in each case must have a sufficiently detailed description of the defect which allows it to be identified.
10.5 Warranty claims based on initial defects of rented objects are excluded entirely, as far as legally permissible.
10.6 Moreover, the client is not entitled to claim any warranty (defects) from rt1.tv if contractually agreed upon services were not provided or provided unsatisfactorily by rt1.tv because the client did not fulfil his cooperation obligations or did so insufficiently. Furthermore, the client is not entitled to claim warranty from rt1.tv if a client made arbitrary changes to the contractual item and/or the service performed. Finally, the client is not entitled to claim warranty from rt1.tv if a client operated and/or used a contractual item incorrectly. rt1.tv will communicate the reasons for this to the client upon request. Remuneration obligations of the client remain unaffected by this.
10.7 The period of limitation for warranty claims is 2 years for consumers and 1 year for contractors, commencing from delivery of the contractual item and/or after acceptance of a service performed.
11. Limitation of liability
11.1 Liability on the part of rt1.tv is excluded in the event of a slightly negligent violation of non-essential contractual obligations. In the event of a slightly negligent violation of essential contractual obligations, i.e. of cardinal obligations, liability is limited to a compensation for object damage that was foreseeable and typical upon contract conclusion. Maximum upper limit for this is the contractually agreed upon net price of the individual service provided unsatisfactorily. In all other respects, liability of rt1.tv is limited to deliberate or grossly negligent violation of obligations. Exempted from these liability exclusions and/or limitations are damages caused by a violation of written warranties, furthermore damages resulting from a violation of life, the body or overall health, as well as cases of liability under product liability laws. Liability for subsequent damages is excluded.
11.2 The period of limitation for material compensation claims for consumers is 2 years and for contractors 1 year, commencing from delivery of the contractual item and/or after acceptance of a service performed.
11.3 These liability limitations and/or exclusions also apply to obligation violations by legal representatives and/or assistants of rt1.tv.
11.4 The client may transfer (material compensation) claims against rt1.tv to third parties only after prior written agreement from rt1.tv.
12. Reference
rt1.tv reserves the right to reference their services provided for the client; this applies in particular to their web page or advertising material.
13. Area of jurisdiction, Governing law
13.1 Place of delivery and area of jurisdiction is Augsburg, Germany, if the client is a buyer, legal entity under public law or special fund under public law. Augsburg, Germany, is also area of jurisdiction if the client at conclusion of contract did not have a general area of jurisdiction within Germany, or after contract conclusion moved his domicile or usual place of residence outside the Federal Republic of Germany, or his domicile or usual residence is not known at commencement of legal action.
13.2 The laws of the Federal Republic of Germany apply exclusively, excluding the Convention on Contracts for the International Sale of Goods/CISG.
14. Confidentiality
Both parties are under obligation beyond the individual contract period, to keep and treat as secret and confidential all confidential and legitimate matters of the other party, in particular operational and business secrets, and especially not to publish these to third parties.
15. Written form clause, Severance clause
15.1 Changes in and additions to the contract, as well as special agreements, must be made in writing. This also applies to an abrogation of this written form clause.
15.2 Should one of the preceding clauses be or become ineffective the validity of all other clauses remains intact. Invalid clauses are to be replaced by such which, considering the situation of the interested parties, are suited to achieve the desired economic outcome. The procedure is the same if these terms and conditions should exhibit gaps.