Unless agreed otherwise in writing, all orders received by Dr. J. Butz Musikverlag are subject to our terms of delivery and payment, which are as follows:
1. Orders
Orders will be processed without separate confirmation at the price valid on the day of receipt. All prices are listed in euro and include value-added tax. Music and books are subject to the rules on fixed book prices of the Federal Republic of Germany. Butz-Verlag reserves the right to alter prices.
The predicted 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 for priority delivery.
Generally, cancellations or modifications of an order can be considered only if they are received before the original order is processed.
Sample material can be ordered, but all such samples must be returned within three weeks at the client's expense; otherwise they will be charged in full (this also applies to music scores protected by anti-photocopy stamps). Single scores protected by anti-photocopy stamps will be charged if retained but can be exchanged free-of-charge if a full set of choral scores is ordered at a later date. Books, CDs, DVDs and non-book articles (cards, calendars, magnets etc.) cannot be provided as samples and are non-returnable.
Choral scores will only be delivered in full choir sets; single scores of choral music will be dispatched bearing an anti-photocopy stamp; orchestra materials will only be provided in performance sets for strings divided as 3/2/1/2 and other instruments as required by the score. We reserve the right to impose surcharges for smaller quantities.
2. Delivery
All shipments will be dispatched by the most suitable method as chosen by Butz-Verlag. The client will be charged for delivery unless an item is explicitly offered free of shipping and handling charges. Any special requests for shipping must be clearly stated when the order is submitted, and any resulting extra shipping costs will be charged to the client. The client bears responsibility and risk for all consignments. If material is lost or damaged in transport, no replacement will be provided. The client/addressee should apply for compensation from the shipping company. Replacement orders will be handled as new orders.
3. Delivery disruption / obstacles to delivery
In case of disruption or obstacles to the delivery process, Butz-Verlag reserves the right to cancel the order. In this case the client shall not be entitled to damages from Butz-Verlag.
If the agreed delivery time is exceeded by more than 4 weeks, the client has the right to impose a 3-week delivery deadline; if this is not met, the client may cancel the contract. Such cancellation must be made in writing. No further claims are admissible.
4. Delay in taking delivery
In case of non-acceptance of the delivery by the client we are entitled to withdraw from the contract or to demand compensation for non-fulfilment. When claiming compensation for non-fulfilment we have the right to demand without proof of damage 10 % of the agreed price or to claim compensation for the actual damage. The client may provide evidence of less damage.
5. Complaints
Complaints may only be submitted within 14 days of the date of invoice or delivery. In the case of any defects we are liable only up to the amount of the value of the merchandise as invoiced. No further claims are admissible.
6. Return / exchange of merchandise
Unless agreed otherwise, statutory rules apply to the return of ordered merchandise. Merchandise cannot be exchanged without the prior agreement of Butz-Verlag. Butz-Verlag does not accept shipments for which postage has not been fully paid.
7. Financial obligations
The merchandise delivered with an invoice must be paid for by bank transfer by the date indicated on the invoice. No discount is admissible. In the case of new clients, large orders or for other reasons, Butz-Verlag reserves the right exceptionally to require advance payment. The client will be informed of any such requirement on receipt of the order. Clients from outside Germany are asked to pay by PayPal or credit card.
8. Ownership
The delivered merchandise remains the property of Butz-Verlag until full payment has been effected.
9. Prohibition of duplication
All the editions listed in the catalogue including pictures are protected by copyright. All kinds of duplication are prohibited.
10. Performance of compositions protected by copyright
Under German copyright law, the following compositions are protected:
- compositions of living authors or of authors who died less than 70 years ago;
- compositions protected by Sections 70 and 71 of the German Copyright Act as academic or first editions.
Performances of such compositions listed in our catalogue must be registered as follows:
- copyright compositions: with GEMA, Aufführungsmitteilung, Postfach 301 240, 10722 Berlin;
- compositions protected by Sections 70 and 71 of the German Copyright Act: with VG Musikedition, Friedrich-Ebert-Straße 104, 34117 Kassel.
11. Place of performance – place of jurisdiction
The place of performance of contracts of Butz-Verlag is Bonn. The place of jurisdiction is Bonn.
12. Validity of the contract
Even if one or several clauses of the contract is inadmissible, the overall contract remains valid. In such cases the invalid clause must be reinterpreted or supplemented in a manner which achieves the commercial intention of the invalid clause.
Dr. J. Butz Musikverlag
Location: Bonn
Proprietor: Hans-Peter Bähr
Sales tax identification number: DE 206 27 80 56
Tax reference number: 206 / 5010 / 1554