general terms and conditions of payment and delivery
Our terms and conditions shall apply exclusively and also for all future business transactions with the contracting party.
We shall not acknowledge the Customer’s existing terms and conditions or those deviating from our own, unless we have expressly agreed to such in writing.
Our terms of contract shall apply even if we unconditionally supply our services to the Customer in the knowledge that the terms and conditions of the contracting party conflict with or deviate from our own. All offers by mo2 design GmbH are non-binding and subject to availability only.
Every design commissioned by us shall be deemed a copyright agreement which regulates the granting of usage and exploitation rights of our contracted services. The provisions of the Copyright Act shall apply in combination with the provisions for contracts for work and services of the German Civil Code. The Copyright Act shall apply for our designs and blueprints as personal intellectual creations. These documents must not be disclosed to third parties, unless we expressly consent to such in writing to the Purchaser. The provisions of the Copyright Law shall apply even if the required threshold of originality pursuant to § 2 of the Copyright Act is not attained.
3. Usage Rights
The designs and blueprints remain the property of mo2 design and are submitted to the Customer for use only.
Our designs and blueprints, including authorship identification, may not be modified either in the original version or in reproduction. Any imitation – including parts or details – is not permitted and requires the prior written consent of mo2 design.
These documents must not be disclosed to third parties, unless we expressly consent to such in writing to the Purchaser. Upon payment of our fee the contracting party shall acquire the right to exploit and use our works within the agreed scope.
The contracting party shall be granted exclusive rights of usage pursuant to § 31 Clause 3 of the Copyright Act.
4. Type and Scope of Use
Our works may be exploited only for the agreed type of use and for the agreed purpose within the agreed scope.
Any other or further use is permitted only with our prior written consent and with prior agreement regarding additional payment.
Designs and blueprints and the granting of usage rights constitute a single service by mo2 design.
The fee for this service comprises the following part payments:
- the design fee
- the blueprint fee
- the usage fee.
Proposals and/or suggestions by the Customer or other third parties do not constitute a claim to shared copyright and have no influence on the fee of mo2 design.
6. Scope of Services
No activity by mo2 design and no submission of designs by mo2 design is free or exempt from charges, unless this has been expressly agreed previously in writing between both parties. For special services, such as reworking or modifications to blueprints and designs, the Customer shall be invoiced separately according to our price list and the time outlay.
7. Right of Return
Should commissioned designs and/or blueprints created and supplied by mo2 design not be used by the Customer, the design fee and the blueprint fee of mo2 design shall be payable.
8. Conditions of Payment
The fee of mo2 design is payable upon delivery of the service. It is payable in full on receipt of the invoice. Should services be approved sectionwise in accordance with the order, the respective instalment is payable in full upon approval of the section and upon receipt of the invoice from mo2 design.
All fees constitute net fees and are subject to the addition of the statutory rate of Value Added Tax.
Invoices from mo2 design are payable by the Customer in full and without discounts within 14 days of receipt of the invoice.
The Customer shall be responsible for any travel costs and expenses arising from journeys deemed necessary for the realization of the assignment and will reimburse mo2 design without delay upon presentation of receipts.
Special services, such as reworking or modifications to blueprints and designs, shall be charged to the Customer according to our price list and the time outlay.
Outlay for ancillary technical costs, e.g. for special materials, the production of models, photos, intermediate-shots/recordings etc. shall be refunded by the Customer.
12. Return of Originals
Upon completion of the project, the Customer is obligated to hand over all blueprints and designs to mo2 design. The Customer is responsible for and shall bear the cost of the safe return of originals and blueprints.
mo2 design is free in its artistic interpretation of assignments.
mo2 design shall bear no liability whatsoever for designs, final artwork, final versions and/or blueprints approved by the Customer.
The Customer shall be liable to ensure that any master copies and/or documents, e.g. photos, models, samples etc., supplied for use to mo2 design are not covered by third-party copyright.
15. Working Hours and Expenses
Our per diem rates for staff are based on a 10-hour working day including a break of one hour.
Hours worked in overtime shall be invoiced at a rate of 1/9 of the daily fee plus the following surcharges:
- 1st and 2nd hour overtime at 1/9 of the daily fee plus 25%
- 3rd and 4th hour overtime at 1/9 of the daily fee plus 50%
- 5 or more hours overtime at 1/9 of the daily fee plus 100%
- Sunday premium 50%
- (public) holiday premium 100%
- night shift premium (working from 0.00 hrs until 6.00 hrs) plus 25%
Food and beverages shall be provided by and at the cost of the Customer when requested by mo2 design.
The Customer shall bear the costs of any necessary overnight stays by staff of mo2 design. A single room per person in a 4-star hotel with a large bed/double bed and internet access shall be provided. The Customer shall pay the return travel costs upon presentation of receipts and proof of travel.
- Upon cancellation of the assignment up to 30 days before the beginning of production 50% of the design costs shall be payable.
- Upon cancellation of the assignment up to 14 days before the beginning of the production 100% of the design and 50% of the staff costs shall be payable.
- Upon cancellation of the assignment up to 7 days before the beginning of the production 100% of the design and 100% of the staff costs shall be payable.
Upon cancellation of the assignment up to 30 days before the beginning of production 50% of the design costs and 50% of the staff costs shall be payable.
Upon cancellation up to 14 days before the beginning of production 100% of the design costs and 100% of the staff costs shall be payable.
17. Transport Costs
Costs for transport on location shall be covered by the Customer.
18. Legal Venue and Place of Performance
Insofar as the Purchaser and the Supplier are both traders recorded in the Commercial Register our headquarters shall be the legal venue.
However, we shall also be entitled to bring legal action against the Customer at the Customer’s legal venue. The place of performance shall be our business location in Cologne.
This is a translation from the German original.
In case of doubt or dispute only the German original is valid.