Preliminary note

Business procedures, including image material for publishing and advertising, are subject to enormous time pressure. Naturfoto Klaus Honal, in the following referred Naturfoto Honal, provides high-quality and valuable images fast and unbureaucratically. Nevertheless we can do without any formal contract prior to every single image order. Therefore these General Terms of Business are of great importance. They are the basis for all out deliveries of image material and for the provision of rights of use.

1. General

All offers, deliveries, electronic image transfers and the granting of rights of use shall remain subject to change and shall not be exclusively subject to the following terms of business.
Deviations from the terms of business of the ordering party shall only be valid if confirmed in writing by Naturfoto Honal. This shall contradict the terms of business of the ordering party referred to in order forms, delivery confirmations, and similar.
A rejection of our terms of delivery shall only become valid if the ordering party returns the image material supplied within three working days of receipt of the image material.
By accepting the image material, the ordering party is agreeing to a loan of the said material. Image material ordered shall always remain the property of Naturfoto Honal. It shall be made available for a limited period exclusively for the purpose of purchasing rights of use. All original images shall be treated with the utmost care.

2. Time limits, liability

The image material shall be returned within the periods stated on the delivery note. In the event of the deadline for return being exceeded, blocking costs shall be due. In the case of originals that are intended for use, the return deadline shall be extended if required on agreement.
In the event of an incorrect delivery or a delivery that is not on schedule due to the fault of Naturfoto Honal, any warranty and compensation claims of the ordering party shall be excluded. It shall not be permitted to transfer the image material or the reproduction rights to a third party.
Similarly, the storage of image data in any form, duplicate slides and the creation of reproductions and enlargements for the archiving purposes of the ordering party, as well as the transfer of the same to a third party, shall not be permitted.
Complaints concerning the content and the completeness of the consignment must be made within three working days.
The costs and risk for dispatch shall be borne by the ordering party.
Each use shall require the express approval of Naturfoto Honal. If the image material is used without prior written permission, the ordering party shall be liable for any third-party claims that may ensue.

3. Copyright notice, specimen copies

For each use of our image material, the provisions of the copyright law shall always apply in addition to the agreements made.
Naturfoto Honal shall insist that a copyright notice – Naturfoto Honal – shall appear next to the image or figure to ensure that there is no doubt about to which image it is to be assigned.
At settlement of accounts, it should be stated which image is used in which object in which position. Naturfoto Honal shall be sent one specimen copy of every publication free of charge and without prompting.

4. Rights of personality

If images of people are employed in a manner that exceeds the rights of use granted, for example, for advertising purposes, without this having been previously agreed with Naturfoto Honal, Naturfoto Honal shall assume no liability and, in the event of making its own claim, shall be entitled to have recourse to the customer.
Any use that is not in keeping with the intended purpose or falsifications in image and word, as well as use that can lead to the degradation of the persons in the image, shall not be permitted and shall make the user liable for damages.

5. Professional fees

For all images supplied, processing fees and dispatch costs shall be charged; these shall be calculated in accordance with the type and extent of expenses incurred. An invoice cannot be issued based on possible fees for use. With the payment of the processing fees, the ordering party is purchasing neither use nor ownership rights.
A fee shall be paid for each separate use of the image material. This shall also apply to the use of an image as the subject for drawing, caricatures, manipulated photographs, for layout purposes and customer presentations. It shall also apply to the use of image details as components of a new image by means of montage, photocomposition, electronic image carriers, or similar techniques.
Fees shall be agreed before use. They shall be valid for one-off use for the purpose, scope and language area as specified. Fees shall be payable for any additional separate use, and this shall require the prior written consent of Naturfoto Honal. If there is no fee agreement, fees shall be charged automatically in accordance with the Naturfoto Honal rates applicable in each case. If the ordering party does not give any precise details, is Naturfoto Honal shall be entitled to set a flat-rate fee. All fee details shall be understood as being net and exclusive of value-added tax.
Exclusive rights or blocking periods have to be agreed separately and shall require a surcharge to the respective basic fee.
Should the intended publication or other use not actually occur, a fee paid in advance cannot be refunded.

6. Contractual penalty, lump-sum compensation for damages

In the event of unauthorised use, distortion or transfer of our image material the unauthorised transfer of reprint rights to a third party, a minimum fee shall be payable equal to five times the customary fee for use, subject to the enforcement of claims for damages.
If the copyright notice is omitted, a surcharge of 100 % shall be levied on the respective fee for use.
Damages shall be paid for original images that are either damaged or not returned. The respective amounts per image shall be deemed to have been agreed without Naturfoto Honal having to prove in detail the extent of the damage. The ordering party shall reserve the right to prove that less damage was incurred in the individual case.
Similarly, Naturfoto Honal shall reserve the right to assert further claims for damages and blocking costs (to the amount of the compensation for damages in the event of loss/destruction). We shall not accept replicas for damaged or lost original images offered to us by those liable to pay damages.
If original images that have been registered as lost and that have been charged are found and returned within a year of delivery, we shall reimburse one third of the compensation for damages.
A layout charge shall be levied immediately for each slide removed from its frame for which no evidence of use is produced.

7. Fees and costs

8. Terms of payment, place of jurisdiction

Fees and costs shall be paid immediately upon receipt of the invoice. They shall be paid net, in full, and inclusive of the value-added tax.
German law shall apply as agreed also in the event of deliveries abroad.
The place of performance and jurisdiction shall be Ansbach, Bavaria, Germany.