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TERMS & CONDITIONS

Terms and Conditions Perdurabo Film e.U.

 

1 GENERAL

 

1.1 The general order and delivery conditions of the film

and music industry in Austria, apply to all contract

productions, with the exception of promotional

films. They are fundamentally for legal transactions

between businesses and are an essential part of

every offer and every contract.

Should there be exceptional legal transactions made

with clients, under the current Consumer Protection

Act BGBl Nr 140/1979, they are only valid insofar as

they do not contradict the first main part of this

law.

A legal binding of Perdurabo Film e.U. occurs only through

the business confirmation of the offer/order

(confirmation is permitted through fax or e- mail

with a digital signature) or with the undersigned

contract. With the undersigning of the contract, or

with the order-confirmation, the general order and

supply conditions will have been accepted.

1.2 The client`s production of the film, regardless as to

the carrier material, follows on the basis of the

approval of the screenplay being made available to

him, or his acceptance of the written conditions of

the offer. Perdurabo Film e.U. ’s, or on its behalf

developed treatments, scripts, drawings, plans and

similar documents, remain as its intellectual

property, provided that no use for this can be found

in the film or no fee has been agreed upon. Any use,

in particular the disclosure, reproduction and

publication requires the explicit approval of Perdurabo Film e.U. .

Any delivered contracting documents to

the client, may be required to be returned.

1.3 In the production contract or the accepted offer, it

is stipulated for which distribution areas, media

coverage and time periods the film is to be

produced.

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2 COSTS

2.1 In the contractually agreed price, are all the

production costs and a demonstration able first copy

as in the intended measures contained in the rights

granted, in accordance with section 7.2.

2.2 Filming postponements due to weather (weather

risk), are usually not included in the calculated

production costs. In this bracket, additional costs

plus OPEX will be included in the invoice.

2.3 An extra contract can be drawn up for the

production of treatments or scripts. In this contract,

the agreed price by the client must also be paid

when the treatment or script cannot be filmed, or

resignation of the contract takes place.

If a screenplay or a previously existing film is made

available by the client or a from him appointed

trustee, the full legal transfer is to be carried

out with Perdurabo Film e.U. .

2.4 If the client requires the completion of a particular

insurance, he is to inform Perdurabo Film e.U. of this no

later than the conclusion of the contract and

reimburse the costs.

2.5 The client bears the cost of any expert advice he

may seek out of his own accord.

3 PRODUCTION, MODIFICATION, FOREIGN LANGUAGE

VERSIONS, DELIVERY DEADLINE

3.1 Filming begins at the earliest, only after the

undersigning of the production contract or the

acceptance of the offer has taken place.

3.2 The responsibility of the artistic and technical

design of the work, lies by Perdurabo Film e.U. .

Perdurabo Film e.U. is to instruct the client as to the

location and intended running of the film.

3.3 Should the client require changes in the film`s

timing arrangements, the manuscripts, the script or

already produced parts of the film, these are to be

made at his own expense with the exception of

legitimate complaints. Perdurabo Film e.U. must inform the

client without delay, of the anticipated cost of

these changes.

3.4 Should the client, after acceptance of the film have

further requirements for change, he is to put these

changes in writing. Perdurabo Film e.U. has the obligation

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and the authority to make these changes, the costs

of which are to be borne by the client.

3.5 If, for artistic or technical reasons, any amendments

are proposed by Perdurabo Film e.U. after the approval of

the script has taken place, that lead to additional

costs beyond the agreed upon production price, they

will require prior written consent of the client. Not

explicitly approved additional costs cannot be

claimed.

The length of the film is stipulated in the production

contract. The terms are considered to be met if the

difference in length of the final cut is no more than

5% of the agreed upon length.

3.6 In the case of the production of foreign language

versions of the film through subtitling or dubbing, a

corresponding agreement must be made.

4 LIABILITY

4.1 Perdurabo Film e.U. is committed to produce a technically

perfect product. Perdurabo Film e.U. expressly provides a guarantee

that the production has faultless sound and picture

quality.

4.2 If in the production of the film circumstances occur,

which make conventional production not possible, so

Perdurabo Film e.U. must expect to represent himself for

gross negligence.

The same applies if the film is not completed in the

arranged time. The inability to manufacture, or the

non-timely completion of the film, for which neither

the client nor Perdurabo Film e.U. are responsible, allows

only that the client withdraws from the contract.

The previously provided services plus OPEX will

however be charged.

4.3 Defects, recognised by the Perdurabo Film e.U. are to be

removed by him. If these corrections cannot be

carried out without the participation of the client or

his advisor, Perdurabo Film e.U. can, after unsuccessful

corresponding attempts at correcture over a

statutory period of at least two weeks, regard the

contract as fulfilled. Perdurabo Film e.U. is entitled to

refuse the elimination of the mistakes until the time

designated for the correction of the mistakes is

over.

4.4 Perdurabo Film e.U. is liable for all legal violations

committed by itself during the production. However

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the client carries the risk of any props that have

been made available to Perdurabo Film e.U. .

5 RESIGNATION OF THE CLIENT FROM THE CONTRACT

5.1 If the production contract has been issued and the

client, through no fault of Perdurabo Film e.U. resigns

from the contract, Perdurabo Film e.U. is entitled to

include the actual net cost, the share in OPEX and

the total profit loss in the invoice.

5.2 In the event of an order resignation which occurs in

the period between 10 and 4 days before filming

begins, Perdurabo Film e.U. is entitled to include 2/3 of

the calculated net cost accepted by the client, plus

OPEX and the total profit loss, in the invoice.

5.3 By an order resignation from the client which occurs

between 3 and 1 days before filming begins, the

total calculated commissioned cost will be invoiced.

6 PAYMENT

6.1 Unless otherwise agreed, the following payment

conditions apply:

 1/3 when the contract is signed

 1/3 when the filming commences

 1/3 when the production is inspected

In the event of a production volume of at least €

250.000,- excluding VAT., the last third will be

divided as follows:

 1/6 at the rough-cut inspection

 1/6 at the time of delivery and final inspection

7 COPYRIGHTS, PATENT RIGHTS

7.1 The film will be produced on the basis of the script

accepted by the client and Perdurabo Film e.U. . Perdurabo Film e.U.

has § 38/1 Urh.g at it’s disposal concerning

all the necessary patent copyright rights (except if

they concern a copyright company), in particular

those necessary in fulfilling the contract`s

requirements for distribution, transmission,

performance and protection even after the

completion of the work managed by Perdurabo Film e.U. .

7.2 It is to be agreed upon in the production contract,

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after the full production costs have been paid, to

what extent the utilisation rights (spatially,

temporally) are permitted.

7.3 Excepted from the rights in every case from those

permitted, are the rights for duplication, adaption,

addition, foreign language dubbing and the use

of excerpts in picture and/or sound, in as far as they

have not been contractually, expressly agreed upon

and for which at least lost profits to the production

have been paid separately.

This is without prejudice to any claims for damages.

7.4 The client should expressly declare himself in

agreement, with the statutory declarations made by

Perdurabo Film e.U. to the appropriate copyright

companies.

7.5 To secure the copyright rights, the raw material

(picture and sound), in particular negatives and

master-tape as well as the rest-material, remain with

Perdurabo Film e.U. .

7.6 Perdurabo Film e.U. commits itself, in lieu of costs, to

the appropriate professional storage of the original

of the delivered visual and audio material. The

storage period is seven years for television

productions and five years for all other productions.

7.7 In as far as the rights excepted from those

permitted, as in section 7.3, are compensated and

contractually assigned for utilisation by the client,

he claims liability as in section 7.6 for the storage,

insofar as not otherwise agreed.

7.8 With the delivery of the film the risk for the copied

documents goes to the client, even if the film is in

storage by Perdurabo Film e.U. or a printing laboratory

assigned by Perdurabo Film e.U. .

8 OTHER PROVISIONS

8.1 The opening title credits and the closing credits are

part of the script, and are to be approved by the

client.

8.2 Perdurabo Film e.U. is entitled to display the company’s

name and its logo as part of a copyright notice. Perdurabo Film e.U.

also has the right to show, or have shown, the film

for competitions and festivals as well as for self-promotion

(example). For self-promotion, the use of

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excerpts, or other visual material on Perdurabo Film e.U. ’s

own web-page is permitted as long as the

promotional presentations remain unchanged.

8.3 In the case where a number of clients are granted

the contract for a film, it must be retained in

writing which client has the power of attorney over

the other clients as to the clarification of the

Perdurabo Film e.U. `s preceding delivered points. This applies

particularly to the notation of those persons

responsible for the inspection of the film.

8.4 Insofar as several co-producers are contracting partners

of the clients is the definition of point 8.3 logical.

8.5 Changes in the production contract and/or the

production conditions require written confirmation.

Should, through a provision in the production

contract, manufacturing and supply conditions be

ineffective, so is the validity of the remaining

provisions not affected.

8.6 The completion of the contract is to be carried out

at the headquarters of Perdurabo Film e.U. .

8.7 In the event of disputes, an agreed upon competent

court is to be summoned to Perdurabo Film e.U. `s

headquarters. This court must be in compliance with

Austrian law.

Source: Terms and Conditions of Perdurabo Film e.U. are adapted from the general order and delivery conditions of the film and music industry in Austria, 1st of August 2007.

 

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