Conditions

1. These conditions apply to each and all music composition(s), music offer(s) and agreement(s) between BUYOUTMUSIC.NL and a third party (legal entity), on which BUYOUTMUSIC.NL has declared that these conditions apply, as far as the parties involved have not explicitly deviated in writing.
2. The present conditions also apply to all agreements and contracts of BUYOUTMUSIC.NL which involve third parties who are associated with performances through BUYOUTMUSIC.NL.
3. These general conditions also apply to all employees of BUYOUTMUSIC.NL and her management.
4. The aptness of alternative -purchase­ of other conditions of the other party are explicitly rejected.
5. If one or more terms of these general conditions shall be deemed invalid in part or in its entirety, and for any reason unenforceable, that condition shall be deemed severed and shall not effect the validity of any remaining terms which have been laid down in these general conditions. BUYOUTMUSIC.NL and the other party must, in that case, enter into consultation to agree on new conditions to replace the terms which were invalid, cancelled or declared null and void, while taking into account the purpose and intent of the original conditions.
6. If there is any lack of clarity about the meaning of one or more of the terms of these general conditions, explanations must find place " in the spirit" of these conditions.
7. If a situation occurs between parties which has not been regulated in these general conditions, it must be assessed "in the spirit" of these general conditions.
8. If BUYOUTMUSIC.NL does not always require strict observance of these conditions, it does not mean that the terms of these conditions do not apply, or that in other cases BUYOUTMUSIC.NL could lose the right to require strict observance of the terms of these conditions.

1. BUYOUTMUSIC.NL cannot be hold responsible for music compositions or offers if the other party can reasonable expect that the proposals and offers, and/or otherwise a part of one, hold an obvious mistake or an error in writing.
2. All prices quoted on the website (www.buyoutmusic.nl) are exclusive VAT, taxes imposed by the government, costs which might be made on behalf of the agreement, including shipping- and administration costs, unless stated otherwise.
3. If the acceptance deviates from the price which has been quoted in the offer (whether or not on subordinate points) BUYOUTMUSIC.NL is not bound by the offer made. The agreement will not be realized due to this deviation, unless stated otherwise by BUYOUTMUSIC.NL.
4. A compounded quotation does not obligate BUYOUTMUSIC.NL to execute only a part of an order against a corresponding part of the price quoted. Actual offers on a price for a musical composition or work do not automatically apply to future orders.

1. The other party will become a joint proprietor after the purchase of music composition(s) or music offers and has the right to publicize these music compositions and/or offers.
2. BUYOUTMUSIC.NL has the exclusive right to sell and multiply the music compositions.
3. The other party is not entitled to sell the music compositions or music offers to third parties. The other party is liable for all damages (including all costs arising directly or indirectly) on the part of BUYOUTMUSIC.NL, when the other party defaults on the rightful observance of its obligations towards BUYOUTMUSIC.NL
4. The completion date which has been set and agreed to in order to complete certain music composition(s) or order(s), does not mean that it is the actual deadline. If the time limit has been exceeded the other party must notify BUYOUTMUSIC.NL in writing that they are in default of delivery and offer BUYOUTMUSIC.NL the opportunity to still carry out the agreement within a reasonable time.
5. If BUYOUTMUSIC.NL needs to receive certain information from the other party to complete the music compositions or special offers, the completion date will be set as soon as the other party has provided BUYOUTMUSIC.NL with the correct information and data.
6. BUYOUTMUSIC.NL is entitled to have the work done by third parties.

1. BUYOUTMUSIC.NL is not required to observe any obligation towards the other party if BUYOUT MUSIC.NL is obstructed by a situation for which it cannot be blamed; neither under the law, or by court order.
2. The meaning of Force Majeure includes all circumstances which have been laid down in the law and jurisprudence, all unknown causes which come from the outside, as well as those which are foreseen and unforeseen and all circumstances which cannot be influenced by BUYOUTMUSIC.NL, through which BUYOUTMUSIC.NL cannot fulfill its obligations; such as company strikes of BUYOUTMUSIC.NL including those of third parties. BUYOUTMUSIC.NL is entitled to appeal on Force Majeure if a situation occurs that obstructs the completion of the agreement after the date that BUYOUTMUSIC.NL should have (delivered) fulfilled its obligation.
3. BUYOUTMUSIC.NL can defer its obligations under the agreement during the time that the Force Majeure continues. Every party involved can disband the agreement if this period lasts longer then two month, without any obligation to compensate damages of the other party.
4. In as far as BUYOUTMUSIC.NL has already realized a part of the agreement at the time of the onset of the Force Majeure, and if one can attribute independent value to the work that has been completed and the subsequent part can still be delivered, BUYOUTMUSIC.NL is entitled to bill the work already finished, as well as the work which still must be completed, separately. The other party must pay this invoice as if it is a matter of a separate agreement.

1. Payment must occur in the currency which is indicated on the order form. All prices mentioned are exclusive VAT. Payment must be increased with the current VAT.
2. If the other party fails to pay a bill on time, the other party is legally in default. There will be no delivery of the music composition(s).
3. BUYOUTMUSIC.NL can, without being liable, refuse an offer to pay, if the other party points out a different assignment order of the payment.
4. The other party is not entitled to adjust the amount which is owed to BUYOUTMUSIC.NL.
5. If you pay by credit card or IDEAL, you must give your credit card information to us at the moment that you place the order. The amount will be deducted from your account or credit card depending on the time of delivery or the time of mailing the music compositions(s) to you. We do not deliver any products or services before your bank and or credit card provider has authorized the use of your credit card to pay for the products ordered.
6. We will notify you if we do not receive authorization. Your credit card address must be situated in The Netherlands. We reserve the rights to verify the identity of the credit card holder by requesting all the necessary documentation needed for this check.
7. After receipt of payment BUYOUTMUSIC.NL will send an invoice to the address that has been indicated on your order conformation. If you have indicated an email address on your order form, we can forward the documents to you by email.

1. All music compositions which have been delivered by BUYOUTMUSIC.NL under the terms of the agreement will remain property of BUYOUTMUSIC.NL. The other party buys the rights to publicize the music composition(s).
2. Music compositions which have been delivered by BUYOUTMUSIC.NL fall in accordance with paragraph 1' under "Limitations on Ownership" may not be resold and may never be used as a means of payment. The other party is not qualified to encumber musical property which falls under the restriction of ownership in any way.
3. The other party should always do all that is possible to ensure that the copyrights of BUYOUTMUSIC.NL are safe guarded.
4. The other party must inform BUYOUTMUSIC.NL immediately, if a third party takes possession or wants to establish rights on any property delivered under the above mentioned restriction of ownership.

1. Contrary to the legal period of limitation, the limitation period on all music compositions of BUYOUTMUSIC.NL and of third parties who are involved with the music work laid down in an agreement with BUYOUTMUSIC.NL has been set at 25 years.

1. BUYOUTMUSIC.NL is in no way liable for damages suffered in what ever way from the other party, or third parties.

1. The other party will safeguard BUYOUTMUSIC.NL from claims from third parties, who might suffer damages which are connected with the realization of an agreement and from claims for which the cause can be attributed to others then BUYOUTMUSIC.NL.
2. If for that reason BUYOUTMUSIC.NL should be hold accountable by third parties, the other party is obligated to assist BUYOUTMUSIC.NL in and outside a court of law and immediately do everything that is possible and expected. If the other party should fail to take proper measures, then BUYOUTMUSIC.NL will have the right to take adequate steps without proof of default. All costs and damages which will be suffered by BUYOUTMUSIC.NL and connecting third parties will entirely come to the account and risk of the other party.

1. BUYOUTMUSIC.NL reserves all rights and authority which are due to it on the basis of copy rights and other intellectual property legislation and rules. BUYOUTMUSIC.NL has the right to also use the increased knowledge and creativity, which stem from the experience and realization of music compositions during an agreement, for different purposes.

1. Only Dutch Law is applicable on all legal relationships, of which BUYOUTMUSIC.NL is a party, also if the agreement is executed totally or partly abroad or if the party involved in the legal relationship has its domicile abroad. The appropriateness of the Viennese Purchase Treaty has been excluded.
2. A court of law in the place of domicile of BUYOUTMUSIC.NL has been exclusively empowered to take note of disputes, unless the law will be enforced differently. Nevertheless, BUYOUTMUSIC.NL has the right to bring the dispute before a judge who has been appointed by a court of law.
3. Parties shall only lodge an appeal on a court of law (Judge) after Parties have tried to make every effort to settle the dispute by mutual agreement.

1. These conditions have been registered at the Chamber of Commerce of Arnhem, The Netherlands, under file number 08090909, NOBS Communicating Media.
2. The last version filed always applies and/or the version which was in force at the time of the actualization of the legal relationship with BUYOUTMUSIC.NL.
3. This text is a translation of the original Dutch version of the general conditions. For the interpretation of this English version the text in Dutch shall be the leading text.