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Business- and Delivery Conditions
MAGAZIN-of Peter Eising

1. For all deliveries and activities from PETER EISING are only on these terms valid. With acceptance of the goods or conditions are these conditions accepted, if not returned within 48 hours of receiving from the customer. Unwritten agreements are not possible. We don’t accept other agreements fom our customers, except we declare other agreements in written form.

2. Ordered material belongs to PETER EISING, the contract is only for purchasing the usage-rights for temporary usage. The photo-material may give to third parties only for selection for inner purposes. The image-datas are only for the given usage in given run for only one usage. Alienations, revised versions and photomontages of the material are only permitted in written form. The storage with computers for further usages are only permitted in written form. Changes in reproduction of the image datas or the combination with words, for the vilification pictured persons or items, are illegal and are liable to pay damages of the customers. Within the paying of compensation for damages are no usage rights or owner rights.

3. If the delivery is not in the agreed time, the claims for damages of the customer against PETER EISING of gross negligence or intention is limited.

4. For each usage of our material the terms of the copyright-laws of germany are valid. The copyright-comment „© EISING“ has to put beside the picture. If there is no copyright-comment, we can demand an extra charge of 100 % of the invoice. Exceptions can be done only in written form. From each publication we need - free of charge – unasked two copies to PETER EISING.

5. Each usage - although not published - of our photo-datas has to be paid by royalties. The royalty has to be agreed before the usage. The customer is liable to give the informations of the usage, circulation and format. Royalties are only for one usage in the given language-area and the first printing. For each usage in the future there has to be a new contract. For every unjustifiable usage and unjustifiable transfer of the image-datas will be a royalty of three-times amount, conditional of further claims for damages. Blocking periods, exclusive rights are to be arranged in seperate written form.

6. Personal rights are (section) 22 and 23 KUG to be respected by the user. A responsibility for the existence of transfered rights could not be assumed, except PETER EISING has warranted a relevant transference of rights in written form. It is also guilty for a responsibility of a violation of personal rights as well as rights on the own image.

7. Delivery-costs and special delivery has to be paid by the customer. The handling-costs are minimum EUR 30,-. For each usage of our photo-datas will be a Layout-fee of EUR 150,-.

8. Handling-costs und publication-fees are to be paid immediately after receiving the invoice, without discount, additionally with the VAT and the addition of dues to the german KSK. For the delivery to foreign countries the german law is valid. If the customer has no german place of jurisdiction, is the court of jurisdiction „München“. If one of these assignments of our „business- and delivery-conditions“is not valid, is the validity of the other conditions not affected.

9. The following regulations are only valid, if the customer is a registered trader: a) if the customer is a registered trader, „München“ is the place of fulfilment. b) If the customer is a registered trader, „München“ is the place of jurisdiction.