and Payment
Unless there is no other agreement in writing, all orders taken by Dr. J. Butz Musikverlag are under our terms of delivery and payment which are as follows:
1. Orders
Orders will be processed without special confirmation of order for the price valid on the day of order entry. All prices are listed in Euro, value added taxes included. Music and books are subject to the price fixing of the Federal Republic of Germany (Bundesrepublik Deutschland).
The annonunced publishing dates are not binding. Butz-Verlag reserves the right to make partial deliveries. Articles marked in the catalogue as „in preparation“ may be reserved through a priority notice.
Generally, cancellations or modifications of an order can only be considered when they have been received before proceeding the original order.
Submission of sample material will be provided, but all materials need to be sent back within three weeks (customer pays postage); otherwise the material will be fully charged (stamped music scores included). Stamped single scores will be charged if retained but exchanged free of charge with future confirmed orders of the complete choir score. Books and CDs can not be provided as samples and are non-returnable.
Choir scores will only be submitted in full choir sets; orchestra material in performance score only with string partition in form of 3/2/1/2 and harmony voices like casted.
2. Delivery
All shipments will be submitted at the supplier’s discretion considering the most reasonable way. Purchaser will be charged for delivery unless an item was explicitly offered free of shipping and handling. Special requests for shipping have to be made unambiguously with the mandatory order. All extra shipping costs will be charged to the purchaser. All consignments rest with the responsibility and risk of the purchaser. If material gets lost or damaged at transport, replacement will not be provided. The purchaser/addressee has to apply for compensation at the shipping company following their individual time limits. Replacement orders will be handled as new orders.
3. Delivery disruption / obstacles to delivery
In case of obstacles to the delivery process the Butz-Verlag reserves the right of withdrawal from order. In this case the purchaser cannot claim damages to the Butz-Verlag.
By exceeding the agreed delivery time by more than 4 weeks the purchaser has the right to grant an additional respite of 3 weeks and in case of repeatedly non-compliance to withdraw from the contract. The withdrawal has to be made in writing. Further claims are not possible and will be not accepted.
4. Delay in taking delivery
In case of non-acceptance of the delivery by the purchaser we are entitled to withdraw from the contract or demand compensation for non-performance. By claiming compensation for non-performance we have the right to demand without any proof of damage 10% of the agreed price or to claim compensation for the factual damage. The purchaser has the right to bring proof of a lower damage.
5. Complaints
Complaints can be claimed within 14 days after invoice or delivery date only. For any defects we are only liable up to the amount of merchandise value as invoiced. Further claims are excluded and will not be accepted.
6. Return of articles
Unless there is a different agreement, the return of firmly ordered articles follows the lawful right of return.
7. Financial obligations
The articles delivered by invoice have to be paid per transfer free of charge up to the due date indicated on the invoice. Discount deduction is inadmissible. With new customers, large volume orders or other reasons the Butz-Verlag reserves the right to exceptionally deliver on advance payment. This will be announced to the purchaser after the order entry. Customers from countries other than Germany are asked to pay by credit card.
8. Reservation of ownership
The delivered articles remain property of the Butz-Verlag until payment is complete.
9. Prohibition of duplication
The complete listed editions in the catalogue including pictures are protected by copyright. Therefore any kind of duplication is prohibited.
10. Performance of protected compositions
Due to copyright the following compositions are protected:
- Compositions of living authors or of authors whose anniversary of death is less than 70 years ago,
- Compositions, which are protected by §§ 70, 71 UrhG as academic or first edition.
Performances of protected compositions listed in our catalogue have to be registered as follows:
- With 70 years of copyright term: GEMA, Aufführungsmitteilung, Postfach 301 240, 10722 Berlin,
- With protected compositions by §§ 70, 71 UrhG: VG Musikedition, Königstor 1a, 34117 Kassel.
11. Place of performance – Place of jurisdiction
Place of performance is Bonn. Place of jurisdiction is Bonn.
12. Binding nature of the contract
Due to possible ineffectiveness of one or several terms of the contract the general effectiveness remains valid. In such case the invalid term has to be modified or exceeded in a sense that through the invalid term the economical objective will be accomplished.
Dr. J. Butz Musikverlag
Location: Bonn
Owner: Hans-Peter Bähr
Sales tax identification number: DE 206 27 80 56
Tax reference number: 206 / 5010 / 1554