Terms and conditions
General Terms and Conditions of BM Audio - Mixing & Mastering Studios
1. Scope
These general terms and conditions apply to all orders between BM Audio - Mixing & Mastering Studios and its customers. Deviating agreements must be recorded in writing and confirmed by BM Audio - Mixing & Mastering Studios.
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2. Performance Calculations
The services are calculated on the basis of the daily and/or hourly rate agreed in the order or the flat-rate agreement offered. Offers are to be understood as recommended prices. The effective effort, used materials and expenses will be charged, subject to the reservation of productions that are expressly offered as a flat rate. BM Audio - Mixing & Mastering Studios reserves the property rights and copyrights to calculations. You may not, without prior language are made accessible to third parties. No VAT is charged on all BM Audio - Mixing & Mastering Studios services.
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3. Terms of payment
In principle, a payment period of 10 days net applies. When booking an order, a deposit of 50% is required, the residue will be due on the first day of the production month. Several partial payments can be agreed. If the client is in arrears with due payments, BM Audio - Mixing & Mastering Studios reserves the right not to carry out further services until the outstanding amount has been settled or to cancel an agreed booking or to withdraw from the agreed production contract. The client also bears all processing, reminder and collection fees, as well as other costs that arise from late payment. Different payment terms must be agreed in writing.
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4. Dunning Fees
If the payment deadline of 10 days is not met, a reminder is sent by email with a 5-day payment deadline. If this is not followed, a second and final reminder will be sent by email with a reminder fee of 30.- SFr. and a payment period of 3 days. After this period has expired and payment has not been made, legal action will be taken. Any collection or operation fees are to be borne by the client.
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5. Default Interest
The statutory interest on arrears is 5% and applies to all orders processed by BM Audio - Mixing & Mastering Studios.
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6. Equipment rental period
The rental period is measured in days. Collection and return dates that deviate from the order can be charged to the renter. The minimum invoice amount is 80.– SFr.. Orders below this limit must be paid in cash or a small quantity surcharge will be applied.
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7. Ownership
The rental items, with all their components, are the property of BM Audio - Mixing & Mastering Studios. Any kind of changes to the rented items by the renter is prohibited. Corresponding costs for restoring the original condition will be charged to the tenant. Rental goods that are not returned or are damaged will be charged to the renter at the replacement or repair price. BM Audio - Mixing & Mastering Studios retains title to all work and items invoiced until full payment has been made. If BM Audio - Mixing & Mastering Studios invokes the retention of title, BM Audio - Mixing & Mastering Studios has the right to take possession of the object of purchase at any time and without official orders, wherever it is located. The buyer expressly grants us the right to have the retention of title entered in the retention of title register at any time.
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8. Studio Production Liability
If customer data is not delivered in time for the mixing or mastering date, the timely delivery according to the production contract or order is not applicable. A new date will then be determined according to the studio booking and the scheduling options. There is no entitlement to quick or preferential completion of the work.
In the event of production failure on the part of BM Audio - Mixing & Mastering Studios due to illness, accident or an emergency, there is no entitlement to compensation or replacement services. The punctual claim of the production order according to the order or production contract does not apply. BM Audio - Mixing & Mastering Studios cannot be held liable for any consequential costs that may be incurred by the customer or third party services and is unreservedly exempted from them. A new date will then be determined according to the studio booking and the scheduling options.
Downtimes caused by equipment malfunctions during production or the rental period will not be charged to the customer. However, BM Audio - Mixing & Mastering Studios is not liable for any other damage and costs incurred as a result. BM Audio - Mixing & Mastering Studios assumes no liability for instruments, wardrobes or other items belonging to the customer. The customer is liable for damage that can be proven to have been caused by him.
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9. Liability for material/property damage and personal injury
The material for mobile recordings/events is transported, stored and operated at the risk of the lessee/client. The client/tenant is responsible for insuring the equipment and obtaining the necessary permits for events/mobile recordings. The lessee/client is liable for damage to and loss of the rental property.
The rental objects are to be treated carefully and appropriately.
The client is liable for any property damage and personal injury that arises in connection with the people and guests involved in the production.
BM Audio - Mixing & Mastering Studios is unreservedly released from liability by the customer for any damage suffered by visitors or persons involved in the production in the company premises or on the premises.
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10. Backup and Reference Copy
BM Audio has the right to make a backup copy of any material recorded, mixed or mastered on behalf of the customer. This may also be used as a reference copy. The client agrees to be listed on a reference list that is published on the BM Audio - Mixing & Mastering Studios website. He also undertakes to clearly name Bjoern Mueller, BM Audio - Mixing & Mastering Studios on the final data medium. The customer is responsible for archiving or long-term storage. In the event of the recorded or produced files being destroyed by force majeure such as fire, water, theft, willful destruction and the like, BM Audio - Mixing & Mastering Studios assumes no liability.
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11. Replacement Devices
If the rental equipment is not available at the time of collection or the order date, BM Audio - Mixing & Mastering Studios will endeavor to provide an equivalent replacement and to notify the renter as soon as possible. BM Audio - Mixing & Mastering Studios cannot be held liable for missing rental items.
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12. Insurance
Insurance is the responsibility of the client/renter. The rental items are no longer insured by BM Audio - Mixing & Mastering Studios from the warehouse. If the rental goods are transported by BM Audio - Mixing & Mastering Studios, the material is insured until the time of unloading. In the event of theft or loss of rented items, the renter is obliged to have a police report drawn up immediately.
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13. Copyrights
BM Audio - Mixing & Mastering Studios points out that the client is obliged to acquire the necessary copyrights and ancillary copyrights for all work to be carried out properly at his own expense. New songs etc. must be registered with SUISA when they are published, since a pressing plant may not work without SUISA's permission.
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14. Cancellation
No fee will be charged for a justified rebooking, however BM Audio - Mixing & Mastering Studios reserves the right to cancel the production and will hold the deposit if there is no collaboration within 12 months of the planned production date.
Appointments not kept and not canceled will be charged at 50% as agreed. Replacement dates will be rescheduled for a fee.
Additional costs incurred by BM Audio - Mixing & Mastering Studios will be charged to the client at cost. In particular, the cancellation fees of third-party services called in are compensated according to their regulations.
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15. Severability
Clause Should one of the provisions of these general terms and conditions be or become invalid, void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
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16. Jurisdiction
All business relationships are subject to Swiss law. The place of performance and jurisdiction is the registered office of BM Audio - Mixing & Mastering Studios.
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Niedergoesgen, May 2024