In these general delivery terms, the following terms are used: Contractor: Remy Cooper Music Client: The counterparty of the Contractor
1.1 These terms apply to all offers, agreements, resulting services of any kind, and all obligations between the Contractor and the Client. 1.2 Deviations from these Delivery Terms are only valid if they are explicitly agreed upon in writing by both parties. 1.3 The Client's general terms and conditions do not apply unless they are explicitly accepted in writing by the Contractor.
2.1 All offers from the Contractor are non-binding.
3.1 An agreement is only formed once the Contractor has confirmed an option, order, or contract proposal in writing, or has begun work on the services. 3.2 If the amount of a fee is not specified in writing, the usual fee for the relevant service will apply, plus any costs incurred by the Contractor.
4.1 Information concerning an agreement that the Contractor receives after its formation and that, in the Contractor's judgment, significantly changes its nature, gives the Contractor the right to terminate it without being liable for damages. 4.2 If it becomes necessary to change or add to the agreed services in order to properly complete them, the parties will adjust the agreement accordingly in good mutual consultation. 4.3 If the parties agree that the agreement will be amended or supplemented, this may affect the completion time of the services. The Contractor will inform the Client of this as soon as possible. 4.4 If the change and/or supplement to the agreement has financial and/or qualitative consequences, including potential changes to the fee, the Contractor will inform the Client of this beforehand. 4.5 Changes to the agreement by the Client are only valid if they are agreed upon and confirmed in writing by the Contractor.
5.1 The agreement is entered into for the agreed duration of the assignment. 5.2 If a period has been agreed within the duration of the agreement for the completion of certain activities, this is never a fatal period. If the execution period is exceeded, the Client must request the Contractor to proceed with urgency and grant a reasonable period for the Contractor to complete the activities.
6.1 All obligations of the Contractor are obligations of effort. 6.2 The Contractor can only be blamed for shortcomings if any errors in the delivered are reported to the Contractor in writing within eight days after the delivered is available to the Client. The material on which a complaint relates must be available to the Contractor within the same period for verification. 6.3 If the complaint is found to be justified by the Contractor, it will be agreed in consultation how the complaint will be rectified without affecting the existing agreement. 6.4 The filing of a complaint never releases the Client from his payment obligations towards the Contractor. 6.5. If the agreed services can no longer be performed or make sense, the Contractor will only be liable within the limits of article 7.
7.1 The contractor is never liable for damage to the client, their personnel and/or third parties, of any kind, arising from or relating to any breach of contract or unlawful act, except in the case of damage caused by the contractor's intent or gross negligence. 7.2 The liability is always limited to direct damage suffered by the client. 7.3 If it is established that the contractor is liable for damage, 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.