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Prices
The use of our photographic material is subject to a fee.
Applicable charge depends on agreement: the SAB-standard SAB - standard rate is classified as the point of reference. (SAB = Swiss association of photography agencies and picture libraries.)
General Business Terms and Conditions of Robert Bösch, photographer
General information
1.1 The GTCB refer to all business relations between Robert Bösch and his clients. These guidelines are particularly directed towards demanded and unsolicited photographic material consignments and digital picture files (photographic material consignments and digital picture files in sequence are called: pictures).
1.2 The purchaser is allowed to either print the selected pictures on paper or to activate an unprintable customers-layout in data format, without incurring possible further costs thereby. However, the appropriation of selected pictures do not authorize any further use; that is, in particular, not to download the selected pictures onto the internet.
1.3 If the logged-in purchaser wants to make more with the selected data, there is a possibility to download the printable data directly from the online data base, or to order them from Robert Bösch.
The costs for the use of the pictures are adjusted to the price recommendations of the Swiss association of photography agencies and picture libraries (SAB), and towards possible, special agreements respectively. The payment of these costs legitimize the purchaser to use the pictures according to previous agreement. However, the delivery of printable files as well as in settlement of these costs does not yet allow the purchaser neither to use the pictures generally nor to apply them.
1.4 Any further use and any further application require an additional request of Robert Bösch to clarify personality rights and copyrights of the picture(s). In case of non-registration or if consent by Robert Bösch is not obtained, the purchaser carries the risk of violating possible personality rights and copyrights of the picture(s) completely on his/her own.
Digital Pictures
2.1 For online-access to the electronic image data base, the client needs a password. Digital pictures may only be downloaded by people with appropriate access authorization.
2.2 Robert Bösch assumes no liability for improper use of the provided password for the customer. Therefore, Robert Bösch is always entitled to retrieve the services of the client, in case of misuse of the customer-password and may charge him/her.
2.3 Complaints regarding technical or other failings, which concern digital pictures, are to be communicated to Robert Bösch within 24 hours. The client is justified to download technically unacceptable pictures, with no additional fee, within due time of complaint. Further claims for damages are excluded.
2.4 For the technical correctness and completeness of the picture data, Robert Bösch does not take on any warranty. Neither does he accept any liability for damages, which are caused due to technical interferences, business constraints and/or business discontinuance.
2.5 Robert Bösch may change the electronic image data base’s hours of operation any time, due to technical reasons. The customer cannot assert his/her claims to continuous availability.
2.6 Low-resolution-pictures (previews) are not approved for publication but merely serve as a help for selection.
Analog Pictures / Liability
3.1 The purchaser is liable for careful treatment of received slides. In particular, s/he shall avoid scratches and cuts and shall be responsible for their protection from fire, heat, liquids, chemical substances nor suchlike, damage or pollute the slide. The purchaser must also resend the slides to Robert Bösch in due time.
3.2 If the purchaser receives a picture-consignment incomplete or damaged, Robert Bösch needs to be informed in written form within two days.
3.3 Robert Bösch delivers the pictures at the expenses and risks of the purchaser. Furthermore, the purchaser must also bear costs and risks of the return consignment. S/He must also transact reconsignments by registered mail. In case of no special agreements, the delivery of slides occurs without any charges of special keeping costs for a maximum of 14 days. The grace period starts to count on the day of the delivery or when Robert Bösch hands out the slides personally. For every additional day Robert Bösch charges SFr.1.-- per picture for keeping charges.
3.4 The purchaser must reimburse cut, scratched, grazed or polluted slides.
3.5 Lost or damaged slides must also be reimbursed by the purchaser with SFr. 1,500.-- without Robert Bösch having to prove the extent of the damage. Advanced compensation requests remain reserved to Robert Bösch. If the purchaser sees him/herself in the position to deliver undamaged duplicates for damaged original slides, so it is at discretion of Robert Bösch to possibly reduce the amount of SFr.1,500.-- and completely or partly abstain from compensation claims. In any case, the acquisition costs of the doubles go to the expense of the purchaser.
3.6 The purchaser does not, however, by means of paying the costs for lost or damaged slides, acquire any utilization rights.
3.7 If Robert Bösch admonishes the purchaser in written form for non-returned slides twice and with no success, the slide is considered lost. Also in such a case the purchaser must refund Robert Bösch with the damage costs according to previous mentioned agreements. When Robert Bösch admonishes the purchaser for non-returned slides for the second time, then s/he needs to take the reconsignment-matters into his/her own hands within ten days, otherwise the second admonishment is considered unsuccessful. If the postmark of the recognsignment displays the date of the last day of the ten-day-grace period, the time limit is considered to have been maintained.
Utilization
4.1 Robert Bösch and the purchaser must arrange and determine the terms about the extent of the rights of utilization. The purchaser does not receive any further rights of utilization than the agreement with Robert Bösch contains.
4.2 Each utilization permission refers only to the photographer’s rights for his picture. In particular, this utilization permission does not reach to the personality- and copyrights of any third person. If Robert Bösch does not release personality- and copy rightly delivered images to the purchaser, s/he must clarify this question personally if a third person asserts personality- or copyrights of the picture. Likewise is it the purchasers’ own business to agree with third people about their rights. If the purchaser fails to do so, so s/he alone carries the responsibility and liability. Robert Bösch does not take over any alternate claims for illegal utilization of delivered pictures.
4.3 The utilization duties are charged on the basis of the application’s intentions, the image size, the edition, the placement and the circulation of the delivered pictures. In each case, the standard is aimed at the current prize recommendations of the consortium of the Swiss image-agencies and –archives (SAB). However, photos originating under special costs circumstances (models, expeditions, airplanes etc.), may demand an extra charge.
4.4 Possible price agreements are to be secured in a written form before its application.
4.5 The purchaser has to realize the acquired utilization rights within a one-year period or else they expire without any refunding of the fee. The time limit starts to count on the subsequent day, on which the date valuta credit voucher fee’s payment succeeds.
4.6 Any other or further utilization (geographical spread of the area, further publication media, edition enlargement, transmission to third parties, new editions etc.) of the picture requires a further explicit permission of Robert Bösch.
4.7 Duplication or saving of a picture requires written accordance of Robert Bösch, or else it is not approvable.
4.8 Each illegal image use, which differs from the agreed on utilization purpose, draws after a conventional punishment in the height of three times incurred image expenses, although at least SFr. 500.-- per each illegally used image. Beside the conventional punishment, Robert Bösch may assert the accumulated damages additionally.
4.9 Exclusive rights and retention periods must be especially agreed on between Robert Bösch and the purchaser.
Prof of Authenticity
5.1 All image productions must be provided with the copyright notation ‘©Robert Bösch’. If the copyright notation cannot be placed immediately next to the image reproduction, then it needs to be indicated so that the image can clearly be defined.
5.2 If the picture reproduction does not show a copyright notation, Robert Bösch may charge the double fee.
5.3 The purchaser must send a specimen copy to Robert Bösch, unrequested and without any costs, each time s/he uses the image(s).
Applicable Law and Jurisdiction
6.1 Agreements, which differ from these above presented ‘Prices and General Terms and Conditions of Business’ (GTCB), require a writing for its validity.
6.2 Swiss law is applicable.
6.3 Jurisdiction and place of fulfillment are Zurich.
Oberägeri den 31. 10. 2006
Robert Bösch
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