Contractor: Trooper Music (Remy Cooper Music)
Client: The Contractor’s counterparty
1 Applicability of these conditions.
1.1 These conditions apply to all offers, agreements, the ones from there resulting services of any kind, and all commitments between Contractor and Client.
1.2 Deviations from these Terms of Delivery are only effective if they are in writing have been expressly agreed between the Contractor and the Client.
1.3 Any general terms and conditions used by the Client are not of application, unless expressly accepted in writing by the Contractor.
2.1 All offers from the Contractor are without obligation.
3 Conclusion of the agreement
3.1 An agreement is only concluded once the Contractor has explicitly confirmed an granted option, an assignment or contract proposal from the Client, or if the Contractor has started to carry out the work.
3.2 If the amount of a fee has not been laid down in writing, at least the fee customary for the assignment concerned applies, plus the costs incurred by the Contractor.
4 Changes to the agreement
4.1 Information about an agreement that the Contractor receives after its conclusion and which, in the opinion of the Contractor, drastically changes its character, gives the Contractor the right to terminate it without the Contractor becoming liable for damages.
4.2 If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the agreement accordingly in good time and in mutual consultation.
4.3 If the parties agree that the agreement will be changed or supplemented, the time of completion of the execution can be influenced by this. The contractor will inform the client of this as soon as possible.
4.4 If the change and / or addition to the agreement has financial and / or qualitative consequences, including change of the fee, the Contractor will inform the client in advance.
4.5 Changes to the agreement by the Client are only valid if approved and confirmed in writing by the Contractor.
5 Duration of the agreement and terms
5.1 The agreement is entered into for the agreed duration of the assignment.
5.2 If a period has been agreed for the completion of certain activities within the duration of the agreement, this is never a strict deadline. If the term of execution is exceeded, the Client must give the Contractor notice in writing to act urgently and to grant a reasonable period within which the agreed work must be completed.
6 Nature of the commitments
6.1 All obligations of the Contractor are best efforts obligations.
6.2 The Contractor can only be attributed if any errors in the delivered goods are reported to the Contractor in writing within eight days after the delivered goods are available to the Client. The material to which an objection relates must be available to the Contractor for verification within the same period.
6.3 If the objection is found to be well-founded by the Contractor, it will be determined in mutual consultation how the complaint will be resolved while maintaining the existing agreement.
6.4 Submitting an objection never releases the Client from its payment obligations towards the Contractor.
6.5. If it is no longer possible or useful to perform the agreed services, the Contractor will only be liable within the limits of Article.
7.1 The Contractor is, except in the case of damage caused intentionally on the part of the Contractor, never liable for damage to the Client, its staff and / or third parties, of whatever nature, arising from or related to any shortcoming in the fulfillment of a agreement or arising from any wrongful act.
7.2 Liability is always limited to direct damage suffered by the Client.
7.3 If it has been established that the Contractor is liable for damage, then that liability is limited to the amount covered and paid out by the Contractor’s insurer: If the insurer does not pay out in any case, the Contractor’s liability is limited to a maximum of 50% of the fee that the Contractor has or would have received for the assignment.
8.1 The Client indemnifies the Contractor fully and unconditionally against all third-party claims for compensation for damage caused by or during the assignment; damage caused by infringement (s) of copyrights or portrait rights or any other intellectual property right, including except for intent and / or gross negligence on the part of the contractor.
9 Force majeure
9.1 Force majeure means, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or not foreseen, over which the Contractor cannot exert influence, but through which the Contractor can reasonably be
is unable to fulfill his / her obligations.
9.2 In the event that the Contractor cannot reasonably fulfill a substantial part of its obligations (during a month) due to force majeure, including illness of the Contractor, and if the Contractor does not provide an adequate replacement, each of the parties is entitled to the agreement. to dissolve in whole or in part without judicial intervention, without the parties being entitled to compensation for damage.
9.3 If the Contractor has already partially fulfilled his / her obligations upon commencement of the force majeure, or can only partially fulfill his / her obligations, he / she is entitled to invoice the already executed or executable part separately.
10.1 Payment will be made within 30 days of the invoice date in a manner to be indicated by the Contractor in the currency in which the invoice was made.
10.2 A paid advance will be set off against the final invoice drawn up by the Contractor.
10.3 If the Client does not pay on time, he is in default without any summons and / or notice of default being required. From the default, an interest of 1% per month is due unless the statutory interest is higher, in which case the statutory interest applies.
10.4 Extrajudicial collection costs are also payable by the Client in any case where the Contractor has taken out insurance to collect the assistance of a third party. The extrajudicial collection costs amount to at least 15% of the principal, with a minimum of EUR 300.
10.5 In case of liquidation, bankruptcy or suspension of payment of the Client, the claims of the Contractor and the obligations of the Client towards the Contractor will become immediately due and payable.
10.6 Payments made by the Client always serve firstly to settle all interest and costs owed, secondly to payable invoices that have been open the longest, even if the Client states that the payment relates to a later invoice.
11.1 If the Client fails, the Contractor is entitled to suspend the performance of the work without prejudice to its other powers under the law and these conditions.
11.2 If the Contractor has reasons to doubt the legality of the performance of an agreement, it is entitled to suspend the performance of its obligations until the Client demonstrates to the satisfaction of the Contractor that this performance is lawful. The electronic or other records of the Contractor provide full proof of the statements of the Contractor, subject to written evidence to the contrary.
12 Booking and cancellation
12.1 If the Client wishes to terminate or cancel the assignment by means of cancellation, it is obliged to pay the agreed fee and any additional costs incurred by the Contractor at the same time as the cancellation, except and insofar as this is deviated from in a cancellation arrangement by further written agreement.
Cancellation must in all cases be made in writing.
13 Right of use
13.1 The Client acquires, subject to the correct fulfillment of its obligations under the agreement, only those exploitation rights that have been agreed in writing with the Contractor upon acceptance of the assignment.
13.2 The exploitation rights referred to in Article 13.1 never relate to that part of the copyrights of the Contractor that has been transferred to a management organization for collective collection.
13.3 The Client grants the Contractor the right to publish the commissioned work for promotional purposes on behalf of the Contractor.
13.4 The Client guarantees that the Contractor will be mentioned as such on all copies of the work produced on the instructions of the Client and in all related publicity material, unless the Contractor states in writing not to appreciate the statement. Mention must be made in a place that is in accordance with the interest of the Contractor for the production.
14 Dissolution of the agreement
14.1 Without prejudice to the Contractor’s other rights under these General Terms and Conditions of Delivery or by law, the Contractor may suspend or dissolve an agreement without judicial
intervention and without notice when:
- Bankruptcy of the Client is applied for or applies for a moratorium
- The Client loses authority over his assets or important parts thereof due to seizure or otherwise
- The Contractor has a reasonable suspicion that the Client cannot meet its obligations or fails to do so in time
- Client fails to fulfill agreements with Contractor.
14.2 Due to the dissolution, the Contractor’s claims will become immediately due and payable. Without prejudice to the Client’s other obligations under the agreement, the Client is obliged to pay the Contractor the entire amount that the Client would owe under the agreement, plus statutory interest from the time of termination.
14.3 The Client is liable for all damage suffered by the Contractor as a result of such dissolution. The Contractor is not obliged to pay any compensation for damage suffered by the Client as a result of such dissolution.
15 Applicable law and disputes
15.1 Disputes and questions regarding the interpretation of the agreement (including offers) are governed by Dutch law. Conditions will only be submitted to the competent court of the district of the Contractor.
16.1 If one or more provisions of these general delivery terms and conditions are void, invalid or unenforceable, the other terms and conditions will remain in full force.
16.2 In the event of a conflict about the interpretation of one or more provisions of these general terms and conditions of delivery, the text of the Dutch version will take precedence over another language version. These conditions have been filed with the Chamber of Commerce in The Hague under number 61473413 and on troopermusic.productions. The most recently published version of these General Terms and Conditions of Delivery and / or the version that applied was always applicable
at the time of the conclusion of the present assignment.