TERMS OF DELIVERY OF FRAMER FRAMED
1. The following definitions apply to the general terms of delivery:
“photographic work”: a photographic work as defined in clause 10 of the Copyright Act, or comparable material;
“photograph”: the physical carrier of a photographic work, regardless of the form and manner of its registration;
“FF”: the Foundation Framer Framed as registered in Chamber of Commerce Amsterdam: 51823039;
“client”: the natural or legal person with whom the Framer Framed enters into any legal relationship whatsoever pertaining to the use of photographic works delivered by Framer Framed;
” general terms”: the general terms of delivery of the Framer Framed.
2. The general terms are applicable to all orders, agreements, deliveries and all other legal dealings between the Framer Framed and a client, even after the termination of an agreement, unless stated otherwise in writing. Any general terms set by the client are hereby pre-empted.
3. Alterations and additions to contracts with the Framer Framed are only valid when agreed upon in writing.
4. All offers on the part of Framer Framed are completely free of obligation.
5. In case of bankruptcy or receivership of either party, the other party is empowered to terminate the agreement forthwith.
6. Dealings between Framer Framed and the client are subject to Dutch law.
7. Differences between the Framer Framed and the client are to be brought before the judge of the Amsterdam District Court.
8. Copyright on all photographic works, including other (illustrative) material and the accompanying texts in Framer Framed archives, is the exclusive property of Framer Framed or of a third party for whom the Framer Framed is authorized to act as copyright holder.
9. Any publication and/or reproduction by the client or a third party of photographic works of which the copyright is held by Framer Framed, or is administered by Framer Framed, is subject to prior written permission from Framer Framed.
10. Such permission, if granted by Framer Framed, is confined – unless otherwise agreed upon – to a non-recurring publication, without modification, in a first edition or printing, for the purpose intended by the parties at the time of entering into the agreement.
11. Any use other than that agreed upon constitutes an infringement of copyright. In the case of copyright infringement Framer Framed, without prejudice to other rights incurred by copyright infringement, including the right to full damages, is entitled to compensation amounting to a minimum of three times the usual publication rights charged by Framer Framed.
12. When publishing a photographic work the client is obliged to caption it with the photographer’s name, stating: ”© [photographer’s name] / Framer Framed “. Failure to (fully) comply with this condition will incur the cost of publication rights, increased by 100%, without prejudice to Framer Framed ’s right to damages.
13. The client or third party who publishes a photographic work administered by Framer Framed bears sole responsibility for obtaining permission from the photographed person(s) and/or any rightful claimant to the depicted matter.
14. Framer Framed does not accept any responsibility whatsoever for damage (including secondary damage) caused by or connected with the use by the client or third party of photographs supplied by Framer Framed . The client indemnifies Framer Framed against all damage resulting from the use of the aforesaid photographs.
15. Publication of photographs supplied by Framer Framed obliges the client to send at least one complimentary copy of individual publications to Framer Framed immediately and free of charge.
16. Photographs and/or (illustrative) material loaned or sent on approval remain the property of Framer Framed or the authorizer, the client assuming responsibility for all risks until the said works/material are returned to Framer Framed .
17. Photographs sent on approval but not used by the client are to be returned at his or her expense to Framer Framed within 10 weekdays of despatch or delivery. Photographs which have been used for the stated purpose are to be returned to Framer Framed within three months, or within any other stipulated period, at the client’s expense. For every day in excess of the stipulated period Framer Framed is entitled to charge € 0,68 per black-and-white photograph, € 1,13 per colour photograph and € 1,36 per Polaroid, slide and/or negative. Failure to return a photograph within the stipulated period does not affect the rights of Framer Framed or third party in any way whatsoever.
18. Photographs not returned to Framer Framed within four weeks of the stipulated period will be regarded as lost.
19. Loss of or harm to unique photographs will incur damages amounting to at least three times Framer Framed ’s customary publication rights, minimum damages amounting to € 680 per photograph. Loss of or harm to non-unique photograph will incur damages amounting to a minimum of € 75 per black-and-white photograph and a minimum of € 100 per colour photograph, duplicate slide, duplicate negative and other (illustrative) material. Every slide, negative and/or Polaroid, regardless of size, is regarded as unique material unless specified as a duplicate. The addition of notes, reproduction specifications or any adhesives whatsoever also qualifies as damage.
20. The following administration costs will be charged:
a) € 40 if the number, code or other specification on the reverse of the supplied material or on the mount of a slide is defaced or removed during the loan period;
b) € 40 if a slide is not used for publication but nonetheless removed from its mount.
21. Charges for the use of photographs supplied by Framer Framed tally in principle with current rates charged by the Dutch Photographers’ Federation, plus any additional taxes and costs as noted in clause 24.
22. Until the client has fulfilled all obligations arising from any agreement whatsoever with Framer Framed , he or she is not entitled to make any use whatsoever of a photographic work.
23. Payment must be effected within 14 days of the invoice date, without appeal for compensation or discount. Clients exceeding this date will incur costs of 2% in excess of the legal interest rate. Clients in arrears will moreover incur collection costs amounting to 15% of the total sum, € 340,34 minimum.
24. The client will be invoiced for printing, postage and administration costs for each despatch of photographs sent on approval or loan. An hourly rate may be charged for additional costs entailed by research and discussions. The cost of transport insurance or a specified form of despatch or personal delivery, if agreed upon, are borne by the client.
25. All amounts are exclusive of VAT.