Terms and Conditions Perdurabo Film e.U.
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
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
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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
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
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.
4.1 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
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
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
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.
6.1 Unless otherwise agreed, the following payment
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
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
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
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.