Phone: + 49 30 6483 8020
Fax: + 49 30 6483 8021
VAT ID No: DE269407137
TERMS AND CONDITIONS
§ 1 Applicability of the Terms and Conditions
By placing the order, the client accepts these terms and conditions. Deviating agreements are only legally valid in written form. These terms and conditions take precedence over any terms and conditions of the client or intermediary.
§2 Cost Estimates, Quotations, Contractual Relationship
Cost estimates and quotations are free of charge and non-binding. The contractual relationship with the conditions of the quotation starts after the clients places the order. The quoted prices shall apply on the condition that the project information provided for the quotation remains unchanged and complete.
The quotation is valid for two months from the date of issue.
Verbal arrangements as well as deadlines and appointments become valid only after the written consent by Renderkitchen.
Cost estimates can only serve as price orientation due to the incompleteness of the submitted planning documentation. Contractual relationships always base on quotations.
§ 3 Copyright
1. Renderkitchen ist the owner of all copyrights and ancillary copyrights of the created works (according to §2 UrhG).
2. The client is granted the rights of use required for the respective purpose.
Any transfer of any rights of use to third parties shall require and agreement in writing with Renderkitchen.
The rights of use are only transferred to the client after full payment of the remuneration.
3. The client does not hold any rights of use for preliminary images, 3D sketches, screenshots etc. They may not, without the consent of Renderkitchen, be used, reproduced or made accessible to third parties.
4. Will work of Renderkitchen be published in newspapers, magazines, brochures or other printed material, Renderkitchen is to be named as the image author.
5. Renderkitchen may use the created works for advertising purposes without restriction. If created work may not be published for any reasons, such as secrecy, the client has to name in advance the extent to which and at which time the work may be published. These regulations must be defined in writing and become valid when the order is placed.
§ 4 Ownership of the 3D Model
1. Renderkitchen owns the 3D model. The right of ownership of the 3D model belongs to Renderkitchen. Renderkitchen delivers the contracting party the 3D model against agreed and reasonable remuneration. Is that the case, the client is granted the rights of use only as stated in point 3.2.
2. Renderkitchen will archive the 3D model without legal obligation. In case of loss or damage, the contracting party is not entitled to any claims.
§ 5 Loss or damage
1. In the event of loss or damage of 3D models necessary for the completion of a project, Renderkitchen is only liable – regardless of the legal claims – for intent and gross negligence. The liability is limited to any fault on Renderkitchens part and that of its employees. Any liability is limited to the repetition of the 3D model free of charge (if and in so far as possible) . The client is not entitled to further claims.
2. A valorisation of these amounts remains reserved.
§ 6 Service and Warranty
1. All data transferred to Renderkitchen will be kept strictly confidential.
2. Renderkitchen is not liable for deficiencies that result from incorrect or inaccurate instructions of the contracting party (§ 1168a ABGB). In any case, Renderkitchen is only liable for intent and gross negligence.
3. The contracting party bears the risk for all the circumstances that are beyond the control of Renderkitchen, such as providing relevant data on time.
4. The visualizations will be delivered digitally. If the client requires a printout and delivery via mail, this service will be charged separately. Shipments are sent at the cost and risk of the contracting party.
5. As far as not stated otherwise, the contracting party is entitled to two rounds of feedback / improvement. The first and second previews will be delivered in low resolution. After approval by the client, the third and final version of the visualization will be delivered in high resolution as previously agreed upon in writing (dpi).
6. Requests for changes that occur after the approval by the client are subject to a fee. The changes will be charged at the current hourly rate.
7. If a visualization is being created at a fixed price and if additional work occurs, for example due to changes on the planning documentation, this additional work will be charged at the current hourly rate – unless explicitly agreed otherwise. The same counts for presentation variants that are not included in the quotation.
8. A claim to color fastness and material effect cannot be guaranteed, due to varying lighting conditions, digital image processing and display devices.
§ 7 Remuneration
1. In the absence of an express written agreement Renderkitchen is entitled to a remuneration (fee) in accordance to the respective work required.
2. Renderkitchen is also entitled to full remuneration if utilization of the work does not occur or if the utilization depends on the decision of third parties. In this case no price reduction will be granted on the remuneration.
3. If the contracting party decides to not carry out the order for whatever reason, Renderkitchen is entitled to half the agreed remuneration plus any incidental expenses. In case of necessary date changes on behalf on the client, a fee according to any vainly reserved time and all incidental expenses are to be paid for.
4. The remuneration is subject to value added tax at the applicable rate.
§ 8 Payment
1. All invoices issued by Renderkitchen are due for payment within 14 days from the date of invoice. The invoices are to be paid in full and free of charges. In case of postal orders or bank transfers payment is considered to have been made upon receipt of payment. The risk of the postal service for judicial submissions (lawsuits, execution requests) are at the expense of the contracting party. If the contracting party (client) refuses the acceptance because of defective performance does he assert any warranty claims, the remuneration is still due for payment.
2. In the event of delay, interest and compound interest at the rate of 9% above the base interest rate (§247 BGB) from the due date shall be deemed as agreed – irrespective of any claims for damages.
3. Reminder fees and the costs of judicial and extrajudicial intervention are at the expense of the contracting party.
4. The client only acquires the rights of use and any ownership of the delivered visualizations and animations after complete payment of the remuneration plus incidental expenses.
§ 9 Final Provisions
1. Place of performance and jurisdiction is the registered office of Renderkitchen.
2. The product liability act (PHG) is not applicable; in any case liability is excluded for anything but personal damages if the contracting part is a business client. In addition German law is applicable, which precedes the international sales law.
3. The indemnification includes any costs of extrajudicial legal proceedings.
4. These terms and conditions don’t apply where they contradict mandatory regulations of the Consumer Protection Act (KSchG). Partial invalidity of single clauses (of the contract) does not affect the validity of the other clauses.
5. These terms and condition apply to all our visualizations or animations analogously, regardless of the techniques and methods used.
6. The client recognizes email correspondence as conclusive.
7. The Statute of the Federal Republic of Germany shall apply to this contractual relationship.
§ Useful links to laws and regulations
German Copyright Act: UrhG
Stefanie Drawehn / Renderkitchen is not liable for the content of external links.
As a precaution, we dissociate ourselves from the contents of all linked pages and their sub-pages.
RIGHTS OF USE
All contents of the website Renderkitchen.com is copyright of Stefanie Drawehn / Renderkitchen, Berlin.
All rights reserved
© Renderkitchen 2018 – 3D Architectural Visualizations