Terms and Conditions
Terms & Conditions of the original german version apply. Please switch languages in the top right corner to reach the german version.
GENERAL TERMS AND CONDITIONS (GTC)
1. General
marinegrau OG, hereinafter referred to as marinegrau. The contractual partner will hereinafter be referred to as the Client. These GTCs form the basis of every order placed with marinegrau. A one-time confirmation of the GTCs is sufficient and remains valid for subsequent orders unless the GTCs are modified. Deviations from the GTCs are only valid with written confirmation from marinegrau. All amounts are exclusive of statutory VAT.
2. Planning
Orders must be placed in writing via email to a business address of the domain @marinegrau.com. If requested by the Client, marinegrau will issue an order confirmation. Should the Client modify dates or deadlines, marinegrau reserves the right to charge an appropriate surcharge after consultation with the Client.
The Client commits to promptly transmit all information and materials necessary for service execution to marinegrau. The Client agrees to provide marinegrau with the contact details of all production participants. The Client shall provide a primary contact person who is available for answering queries and approving the product/production.
3. Production Execution
The Client must ensure the appearance of all participants necessary for fulfilling the order. The selection of technical work equipment and the general technical design of the product/production is incumbent upon marinegrau and will be carried out to the best of knowledge and belief within the agreement with the Client. Upon the Client's request, marinegrau will allow presence during production.
marinegrau is free to have announced personnel represented by qualified professionals. Additional transports, deliveries, assembly and disassembly deviating from the order will be charged separately. If a lump sum fee is agreed upon for an order, one (1) assembly and disassembly is included. If further assembly and disassembly are necessary, these may be charged separately.
marinegrau commits to comply with local event laws. marinegrau further reserves the right to limit volume at its discretion should damage to marinegrau personnel or other persons be imminent.
4. Delivery/Corrections/Acceptance
Product delivery, if digitally possible, occurs as a file (.wav, .mov, ..., ddp folder, dcp) for download. Deviating and industry-unusual formats must be specified when placing the order and may be charged separately. Preview versions can be sent as MP3. marinegrau commits to delivering a technically flawless product/sound system by the agreed delivery date, provided there are no delays caused by the Client.
If a lump sum fee is agreed upon for an order, one (1) correction round is included. The Client must communicate any desired changes within 7 days of product submission. After this period, the product is considered accepted. Later or additional correction requests will be charged at an hourly rate agreed upon in advance, however, marinegrau is not obligated to implement these.
In case of faulty data delivery to marinegrau, the delivery date automatically extends by the time elapsed until correct delivery, but by at least 7 days. Acceptance signifies approval of technical and artistic quality. marinegrau is not liable for technical or musical defects caused by participants, the Client, or the Client's representatives.
5. Costs
5.1 Down Payment
Unless otherwise stated in the offer, orders exceeding total costs of € 2000,- require a down payment of 50%. If no down payment is made, marinegrau is free to withdraw from the contract. marinegrau is free to request a down payment even for lower total costs if high costs are incurred in advance or past business relationships make this appear necessary. marinegrau is free to issue interim invoices to separately bill steps in product creation.
5.2 Payment
All outstanding amounts must be paid no later than 10 days after receipt of the invoice. In case of payment default, statutory default interest and reminder fees of € 15,- per reminder level will be charged. After the third reminder, marinegrau reserves the right to transfer the claim to a collection agency, which may result in additional costs.
6. Rights
marinegrau cannot verify whether the rights of the product commissioned by the Client are cleared. The Client, and never marinegrau, is liable for all violations of copyright or exploitation rights associated with a production or its publication.
Unless otherwise agreed, all producer exploitation rights of a product/production transfer to the Client after acceptance, but in any case only after payment of all outstanding claims to marinegrau. For unauthorized use of marinegrau's producer exploitation rights before payment of all outstanding claims, a loss fee of € 50,- per day plus € 5,- per exploitable broadcast minute will be charged.
7. Liability Materials/Objects
marinegrau is not liable for potential damage to original materials (e.g., tapes) if their use is absolutely necessary for order fulfillment. No liability is assumed for provided objects unless intent or gross negligence exists. These are stored at the Client's cost and risk at marinegrau. marinegrau commits to storing objects forgotten by clients in company premises for 2 weeks.
8. Archiving
Raw data is stored by marinegrau for at least 1 month after contract fulfillment, after which it will be deleted without further notice. Longer storage is possible for a fee.
9. Registration/Name Credit
marinegrau reserves the right to be named in credits or on album covers, to determine the manner of name credit, or to refuse name credit. In any case, consultation with marinegrau is required. If physical data carriers containing a marinegrau service are produced, five (5) copies must be sent to marinegrau.
10. Contract Withdrawal
If during product creation a circumstance occurs that makes contractual and timely production impossible, marinegrau is only responsible for intent or gross negligence. The impossibility of production or untimely completion of the product, which is attributable to neither marinegrau nor the Client, only entitles the Client to withdraw from the contract, however, services rendered by marinegrau must be compensated.
11. Third Party Product Intervention
Any warranty expires if the Client makes or has third parties make modifications to the product without explicit written consent from marinegrau.
12. Cancellation Terms
The following cancellation fees are charged for verbally or written booked appointments:
- Up to two weeks before agreed work start: 25%
- Within two weeks before agreed work start: 50%
- From 72 hours before agreed work start: 75%
- From 24 hours before agreed work start or no-show: 100%
100% is also due if the order cannot be executed at the agreed time through fault of the Client or production participants (missing data, broken instruments, external circumstances making execution impossible, ...).
13. Jurisdiction
For legal disputes arising from business relationships, Vienna is agreed upon as the place of jurisdiction.
14. Effectiveness
If a provision of the contract including these provisions is ineffective, the effectiveness of the remaining provisions shall not be affected.
Last updated January 2025