+ & : METZ MÉTROPOLE
À: ge qe mme EUROMÉTROPOLE DE METZ
ME MAISON DE LA MÉTROPOLE s 1 Place du Parlement de Metz « CS 30353 » 57011 METZ CEDEX 1
T. 03 87 20 10 00®F. 03 57 88 32 68 « eurometropolemetz.eu
DÉCISION n° 667/2025
RELATIVE A LA SIGNATURE DE LOCATION DE MATERIEL MUSICAL POUR LA MESSE
« MISATANGO »
Je soussigné, Patrick THIL, Conseiller délégué de Metz Métropole,
VU le Code Général des Collectivités Territoriales,
VU la délibération en date du 15 juillet 2020 par laquelle le Conseil métropolitain a donné délégation à son Président,
VU l'arrêté de délégation de Monsieur le Président en date du 15 juillet 2020, par lequel Monsieur Patrick THIL, Conseiller délégué, a reçu délégation pour conclure toute convention de location ou de mise à disposition de biens meubles où immeubles, ainsi que toute convention d'occupation du domaine public ou du domaine privé de Metz métropole, convenir des tarifs ou accorder la gratuité aux organismes à but non lucratif qui concourent à la satisfaction de l'intérêt général, déterminer les modalités de paiement, s'agissant notamment des équipements culturels, de l'aire de grand passage et des aires d'accueil des gens du voyage.(art. 8b)
CONSIDERANT que l'Opéra-Théâtre de l'Eurométropole de Metz présentera La messe « MISATANGO », les 24 et 25 janvier 2026 à l'église Saint Pierre aux Nonnains de Metz.
DÉCIDONS :
De signer avec les éditions TONOS, le contrat de location de matériel musical pour la messe « MISATANGO ».
2 ochdpre 28 Fait à Metz, le
Accusé de réception - Ministère de l'Intérieur Pour le Président
(057-200039865-20251029-Decis667-2025-AU Le Conseiller délégué aux Etablissements Culturels
Accusé certifié exécutoire
Réception par le préfet : 17/11/2025) «
. 4 Pour l'autorité compétente par délégation 4 luu / NV
Patrick THIL
Adjoint au Maire de Metz à la Culture et aux Cultes
Conseiller départemental de la Moselle TONOS MUSIC PUBLISHING
Tonos Music Publishing oHG - Lange StraRe 89a - 76530 Baden-Baden
Firma
Opéra Théatre Eurométropole de Metz
4-5 place de la Comédie
57000 Metz Authorized person Mr Florent Mayolet
RANK (el Your request
2025-10-15
F REICH Your order Your VAT number FR0O7200039865
Delivery address
Mr
Florent Mayolet
Opéra Théatre Eurométropole de Metz
Maison de l'achéologie préventive
14 rue de la
Mouée 57070
Metz
FRANKREICH
Contract offer
Client Receipt Referen Date Our VAT EORI-No.
number* number* ce 15.10.2025 number DE7737661
48952 2025-30233 DE811324809
Contract offer in accordance with your enquiry for performance material datet
2025-10-15
Thank you for your enquiry. On the basis of the details supplied you provide, you will receive this contract
offer. The contract offer is also valid as an advance invoice.
Please retum a signed copy of the contract offer. On receipt of your offer acceptance and payment of the advance invoice amount we will confirm the contract and dispatch the ordered performance rental materials
Tonos Music Publishing oHG Handelsregister Mannheim HRA707705 tmpcontact@tonosmusic.com
Lange Strale 89a ftsführende Gesellschafter WWW tONOSMUSIC.COM 76530 8aden-Baden, Germany Marian Golf und Dirk Fleischer Pos. Description
Article number L1 22200
Martin Palmeri
Misa a Buenos Aires
Kyrie, Gloria, Credo, Sanctus, Benedictus, Agnus Dei
Mezzo-Soprano, Coro misto, Bandoneon, Pianoforte, Violino |, Violino il, Viola, Violoncello, Contrabbasso
Performance rental material
ISMN: M-2015-7451-6
Quantity QU
2 Qty.
Unit price
330,00
Total price
660,00 TONOS MUSIC PUBLISHING
Contract offer 2025-30233 Page 20f 8
Pos.
Tonos Music Publishing oHG Handelsregister Mannheim HRA707705 tmpcontact@
Description Quantity Unit price Total price
QU
Performance material
according to requirement in copies as follows
Number of conducting scores: 0 (It will be conducted from the purchased score) Number of piano scores: 1
Number of string parts:
1.1.1.1.1 Number of harmony
parts: 0 Number of choral
scores: 0 Number of choral
voices: 0
Number of solo parts: 1 Pianoforte, 1 Bandoneon
Number of text books:
Purpose of use: 2 concert performances without concert recording
Concert performances
Performance organizer: Opéra Théatre de l'Eurométropole de Metz
Performance country: France
Performance locality: Nonnains
Place of performance: Basilique St Pierre aux
Nonnains Quantity of concert performance: 2
Date of concert performance: 2026-01-24, 2026-01-25
Quantity of concert records: not agreed
Date of concert records: not agreed
Conductor: Nathalie Marmeuse
Orchestra: Orchestre Consititué
Soloist: ?
Choir: Choeur de l'Opéra Théatre de l'Eurométropole de Metz
Rental period
The tenancy ends with the date of the last
performance. Date of last performance: 2026-
01-25
Date of return
After termination of the rental relationship, the performance material must be returned to the publisher without delay, at the latest two weeks after the last performance.
The latest return date is: 2026-02-08
nosmusic.com
trafe 89a Geschäftsführende Gesellschafter WWW tONOSMUSIC COM Baden-Baden, Germany Marian Golf und Dirk Fleischer
Date de restitution contrat de sans délai, au plus tard deux
la dernié
Apres la fin di
semaines apr
La date limite de restitution est le 08/02/2026
Return address
Tonos Music Publishing oHG, Lange Strake 89a, 76530 Baden-Baden, Germany Contract offer 2025-30233 Page 3 of 8
Pos. Description Quantity Unit price Total price QU
Contractual basis
- Enquiry for performance material
- Contract offer
- Contract offer acceptance
- Contract confirmation
- General terms and conditions
- Legal considerations
- Delivery note
- Return delivery note
2 Article number 22200/2 0 Qty. 14,00 0,00
Martin Palmeri
Misa a Buenos Aires
Kyrie, Gloria, Credo, Sanctus, Benedictus, Agnus Dei
Mezzo-Soprano, Coro misto, Bandoneon, Pianoforte, Violino 1, Violino Il, Viola, Violoncello, Contrabbasso
Choir score
Purchase
material
ISMN: M-2015-7378-6
Legal Notices on Sheet Music
Beyond private use, the reproduction of graphic recordings of musical works is legally prohibited under$ 53 (4) of the German Copyright Act (UrhG). Copies made for personal use may neither be distributed nor used for public performance.
The right of original use of choral editions (work carriers) must be obtained from Tonos in the required quantity corresponding to the size of the choir (minimum order quantity). The use of individual copies beyond private use is subject to the prior approval of Tonos.
Without the express permission of Tonos, sheet music may neither be reproduced nor stored electronically or transmitted in any form — including mechanical reproduction such as photocopying. TONOS MUSIC PUBLISHING
3 Article number 70132 027 1 Qty. 45,00
Wartung / Maintenance
4 Article number 70132 009 1 Qty. 80,00
Bearbeitung / Processing
5 Article number 70132 021 1 Qty. 105,00
Lieferung / Delivery
Sub-total EU
R
Incl. VAT with tax code 10 0,00% from 890,00 Total EUR
Non-taxable inter EU delivery in accordance with German tax law$ 4 No. 1 b in connection with $ 6 a UStG
Contract terms
Conditions du contrat
Tonos Music Publishing HG Handelsregister Mannheim HRA707705 tmpcontact@tonosmusic.com
Lange Straie 89a
76530 Baden-Baden, Germany
Geschäftsführende Gesellschafter
Marian Golf und Dirk Fleischer
www tonoSMUSIC.com
45,00
80,00
105,00
890,00
0,00
890,00 TONOS MUSIC PUBLISHING
Contract offer 2025-30233 Page 4of 8
A contract for the rental of performance material is concluded between Tonos Music Publishing oHG (hereinafter referred to as the publisher) and the enquirer (hereinafter referred to as the client) on the basis of enquiry and offer with the following provisions:
$ 1 Subject matter of the contract
The Client rents the musical performance material from the Publisher for the purpose of concert performance in accordance with this contract offer.
The rental relationship covers the period from the day of delivery to the last performance The rental of musical performance material is made against payment of a material rental charge plus incidental charges and statutory sales tax in accordance with this contract offer.
$ 2 Material shipment
8 ? Expéditio
Materials will be shipped at the expense and risk of the client but not before acceptance of the offer in question and signature of these miscellaneous supplementary provisions to the material/s rental agreement for performances and payment of the agreed rental amount. The publisher cannot accept any liability whatsoever for delayed delivery.
The content, condition and completeness of the performance material/s supplied by the publisher must be checked promptly on receipt. Complaints must be advised the publisher in writing within three days. No complaint received at a later date can be considered.
&$ 3 Return of the material / Non-fulfiment of the return obligation
The performance material must be returned to the publisher promptly within two weeks of its last performance hereunder according to the delivery note at the client's risk and expense. If the material isn't returned in time then half the agreed rental will be charged for every month or part thereof of such delay
& 4 Failure to comply with the obligation to return the goods
4 Non-respect de l'obligation de restituer ta lise $ 4 Non spect de l'obl 2 ha 5
the performance/rental material provided to the client is not returned by the specified date, a default fee shall be charged for each additional month or part thereof of the failure to meet the obligation to return the material.
In the event of default of return or withholding of the performance/rental material, the default fee to be paid by the Client shall amount to half of the material rental fee agreed in accordance with this offer; the Client reserves the right to prove that the Publisher has not incurred any damage or only significantly less damage.
Tonos Music Publishing oHG Handelsregister Mannheim HRA707705 impcontact@to
Lange Strale 89a Geschäftsfuhrende Geseilschafter Www.tonosmusi 76530 Baden-Baden, Germany Marian Golf und Dirk Fleischer $ 5 Material risk/ Bad fulfillment of the return obligation
Risque matériel / Mauvaise execution de l'obligation de retour
The risk of loss, damage, destruction or uselessness of the material/s in question passes to the client when same is/are shipped. The client is liable for the loss of, destruction of and/or damage to said material/s and/or it/their becoming useless up to half the new value of same. The client's recompense for the loss, destruction and/or damage of said material or i/their becoming useless is limited to the cost of purchasing, manufacturing, producing and shipping same but at least the rental amount agreed.
$ 6 Bad fulfillment of the return obligation
$ 6 Mauvaise execution de l'obligation de retour
The compensation to be paid by the client for lost, destroyed, damaged or unusable performance material shall be at least in the amount of the material rental fee agreed in accordance with this offer; the client shall be entitled to prove that the publisher has not incurred any damage or only a significantly lower damage.
$ 7 Cancellation or delay of the performance
Annulation ou retard de l'exécution
In the event of any performance being cancelled or delayed, same must be advised the publisher immediately and the material/s rented in question returned to them promptly and within a week at the latest. Half the rental amount agreed then becomes due and payable in such case. The entire rental amount becomes due and payable if the publisher is not advised as aforementioned
The publisher must be advised promptly of any delay in any performance. Should any delayed performance not be held within a period of two months the publisher will invoice half the agreed rental as a cancellation fee. TONOS MUSIC PUBLISHING
Contract offer 2025-30233 Page 5of 8
The material/s rented must always be returned to the publisher promptly and in its entirety if the performance/s agreed is/are cancelled or delayed for over two months.
8 8 Scope of transfer of rights / utilization
Etendue du transfert des droits / de l'utilisation
The client may only use the material/s rented hereunder for the agreed performance/s. Any other use thereof is excluded. The client may not copy, digitalise or duplicate the rented material/s either in whole or in part or in edited/altered form in any way whatsoever
Use of said material/s for any form of audio/visual music production (e.g. CD etc.), digital storage, dissemination (online/offline/streaming, downloads, etc.), transmission, or making it appreciable in any other way whatsoever is subject to the publisher's prior written permission and separate legal agreement with them. The same applies mutatis mutandis to performance as drama-musical events (e.g. operas), dances, pantomime with or without costumes or scenarios and works interaction of any kind whatsoever.
The client may not assign, lend or rent the material/s rented hereunder to any third party either in whole or in part. The client is liable to the publisher in the event of any breach of this provision for the damages thus incurred
8 9 Performance right/s
The right to render public performance is not the subject matter hereof but must be purchased from the collecting society concerned such as the GEMA in Germany. The responsible district office thereof or VG Musikedition Verwertungsgesellschaft zur Wahrnehmung von Nutzungsrechten an Editionen (Ausgaben) von Musikwerken, Kônigstor 1a, 34117 Kassel, Germany should be contacted to buy such rights
The performance/s agreed must be registered with the collecting society/societies concerned giving details of all persons having rights in the work/s concerned (e.g. composer, publisher, reviser, text writer, translator and editor as applicable). If such registration isn't rendered as required then the client shall be liable to the publisher up to the amount of the performance fees lost if the collecting society/societies concerned do not have terms and conditions dictating otherwise
Collecting societies in foreign counties are to be advised of performances in their countries. If no such society exists then special agreement/s must be made with the publisher on performance rights and fees.
Tonos Music Publishing oHG Handelsregister Mannheim HRA707705 tmpcontac!
trake 89a Geschäftsführende Gesellschafter WW tOnDsMUs 0 Baden-Baden, Germany Marian Golf und Dirk Fleischer
nOsMusiIC.com
com 4
$ 10 Use without approval, increased costs, contractual penalties
rentation des co its, penalités co its, penalitès ra
the client breaches any foregoing provision, such as by exceeding the agreed utilisation scope or use for other than the agreed purposels, then they undertake to pay the publisher triple the fee due and payable for approved use of the affected part/s of the rental material/s in question. No subsequent approval of any such use is associated therewith.
the client copies or loans out or loans out for gain in breach hereof then they must pay a lump sum contract penalty of 2,000.00 Euros to the publisher in each and every case. No subsequent approval of any such use is associated therewith.
In the event that the customer violates any of the contractually agreed provisions, the publisher may exercise its statutory and contractual rights. If the Publisher claims damages, this shall amount to 2,000.00 Euros. Damages shall be set higher or lower if the Publisher can prove higher damages or if the Client can prove that lower damages or no damages at all have been incurred
The publisher reserves the right to assert claim/s for damages in law.
$ 11 Management
If client, organiser and performer are not identical then the client acts both for themselves and for the parties they represent and their legal heirs and successors. The client must safeguard contract performance in such case.
8 12 Mediation of performance materials
> Média les matériaux de performance
In the event of the material/s in question being supplied by an agent, the agent must advise the user/s of said material/s of this material/s rental agreement. Should the agent fail to fulfil this requirement he shall be held fully liable under the provisions herein Contract offer 2025-30233 Page 60f 8
$ 13 Final provisions
3 Dispositions finales
Any and all amendments and/or supplements hereto must be in writing to be effective
Should any provision herein be or become null and void for any reason whatsoever this will not affect the remainder. Any such provision will be replaced by mutual agreement with a legally effective one coming as close as legally possible to the original intent of the parties hereto. If no such provision can be agreed on then the usual German legal provisions for such cases apply. The same applies mutatis mutandis should the contract prove to have any loophole.
This contract is made in German law. The UN Convention on the International Sale of Goods does not apply. Place of judicature is the publisher's registered head office location insofar as legally feasible.
Acceptance of offer
À ACC on de l'offre
ste
OPÉRA-THÉÂTRE 5 | de la Comédie / ñ D + à
Rennes ER 67000 METZ Ru Xe Vu niet Client's stamp and signature |
le Cratle dique age Shoblisemels € al hieda
lue / ‘a
D bei THIL
MP hr ‘dj out ax Mau ok | LS =e Le Payment will be effect via Remittance hu el AI ei immediately Without discount l'onseitler rélebavle Sr El L Le. ( oselle
890,00EUR
The offer is considered accepted upon signing. TONOS MUSIC PUBLISHING
Payment methods
Bank transfer: Commerzbank AG Branch Darmstadt, RheinstraRe 14, 64283 Darmstadt, Germany IBAN: DE29 5088 0050 0170 7103 00, SWIFT-BIC: DRES DE FF 508
Account holder: Tonos Music Publishing oHG, 76530 Baden-Baden
PayPal: For payments via PayPal, please use the email address tmpcontact@tonosmusic.com.
Credit Please contact us via tmpcontact@tonosmusic.com so that we can send you a payment link.
card:
Queries
If you have any questions about the document, please contact us at tmpcontact@tonosmusic.com stating your customer number and document number.
Si vous avez des questions sur le document veuillez nous contacter à imoconta 5 3 {quant votre numéro de
Tonos Music Publishing 0HG Handelsregister Mannheim HRA707705 tmpcontact@tonosmusic.com
Lange Strafke 89a Geschäftsführende Gesellschafter WWW.fon0SMUSIC. COM 76530 Baden-Baden, Germany Marian Golf und Dirk Fleischer Sales Terms and Conditions by Tonos Music Publishing oHG
‘Art. 1 Scope of these general terms and conditions
The following General Terms and Conditions-appty exctusvely to the-business relationship bet- ween Tonos Music Publishing oHG thereafter referred to as ‘Tonos”] and its customers according to the latest amended version valid at the period of time of the business relationship in question: Contradictory or differing conaitions of the customer (hereafter aiso referred to as the ‘Contrac- tual Partner“), will not be recagnised, particularly if he is not to be regarded as a consumer in the sense of Art. 13 of the 8G8 (Bürgerliches Gesetzbuch - German Civil Code), except in exceptional cases in which Tonos agrees to their validity explicitiy and in written form, Tonos’ General Terms and Conditions aiso appty even if Tonos is aware of the customer : contradictory or differing con- ditions and caries out the delivery to the business partner without reservation
Art. 2 Offers subject to change / Online offers /Conciusion of a contract
Ai offers are non-binding.
Goods/products available on the homepage via internet alsa do not represent offers in the sense
of Art. 145 et seqa. of the 8GB. Online offers are likewise non-binding and subject 10 change
8y placing an order with Tonos via E mail or another means of communication, the customer con-
cedes to an offer in the sense of Art, 145 et qq. of the BGB to conclude à purchase contract
with Tonos. The customer will receive à confirmation of the receipt of the order via email iorder
confirmation) and/or is fat. An order confirmation does not represent an acceptance of the offer
but serves a customer information. to let the customer know that Tonos has received the order
in the event of incorrect information regarding the product range on the website, Tonos will,
necessary, advise the purchaser/customer/customer of this individuaily and make him an 2ppro-
priate aiternative offer
The contract with Tonos enters into affect when Tonos dispatches the goods ordered and à
dispatch confirmation is sent (via E-mail, for instance). There will be no purchase contract 10 cover
products on same order which are not listed in the dispatch confirmation. Acceptance takes place
on the condition that the products or services ordered are legally admissible and are actualty avai-
able. Ifit is not possible for Tonos to accept the customer 5 offer, the customer will be infarmed
that the order is nat available rather than receiving a confirmation of the order. Any payments
already made by the customer will be returned without delay.
The purchase of goods :s onty carned out only 1n appropriate amounts.
The purchase price does not include or contain any performance rights.
Art. 3 Delivery
Delivery will be carried out immediately from the warehouse to the delivery address supplied by the customer.
Tonos rs entitled 10 partial delivery and partial service if this ?s acceptable to the Contractual Part ner In the event of partial deliveries carried out by Tonos, Tonos will not charge any additional shipping charges and any additional costs will be covered hy Tonos. Details concerning expected delivery deadlines are non-binding unless Tonos specificaily provides the Contractual Party in «titten form with an express and binding agreement.
Art. 4 The Consumer s right of withdrawal
ifthe customer can be regarded as a consumer in the sense of the Civil Code {BGB) {see Art. 13
BGB-Consumer, Art. 14 BGB-Business), then he is entitled to withdraw his declaration of intent from the purchase contract without sighting any reasons within 14 days after receipt of the 900-
Asorder in written forrn [for example via E-mail. letter, fax) and/or by returning the products or
order to Tonos. The period begins upan receipt of this information at the earliest, but not before
the receipt of the goods. Notification of withdrawal or prompt return of the goods is suffictent to
safeguard the period of withdrawal
The written form of the withdrawal is to be sent to the foilowing addresses: + Mail: Tonos Music Publishing oHG, Lange StraBe 893, 76530 Baden-Baden, Germany
+ E-mail: tmpcontactitoncsmusie.com
2 Fax +49 7221 18957-25
The return address for goods is the sarne as the above address/postal address. The customer bears the burden of proof for the dispatch of the goods which are to be returned.
in the avent of an effective withdrawal in which the goods which the customer received have be-
come totally or partisily damaged or cannot be returned mn whole, or in which the goods can onty
be returned in worse condition than when they were received, the customer is obliged to com-
pensate fonos for the damage. This does not apply to the relinguishment of articles if the degrada
tion ofthe article is exctusively due to its guaranteed and/or utised usage, or fit is to be ascribed
to the examination - which would nave been possible for the customer in à shop. However, the
customer can avoid the obligation 10 compensate for lost value by not using the article as an
owner would and avoiding doing anything to the product which coufd lead to à loss in its value.
The cost incurred by returming an article 15 to be born by the customer if the delivered goods are
those that were ordered and if the order value does not exceed € 40.00 or, if the price is higher.
if the customer has failed to present payment in part oc full at the time of the recall. Ctherwise
fonos ill reimburse the contractual partner the cost of seturning the return shipping. For pay
ment abroad, the costs of transferring money may be déducted from the purchase price, which 1s
to be compensated. fonos will make full use of its rights of rétention up until the complete return
ofthe goods.
The right of withdrawai is not applicable in the following cases:
Lin the savent of sontracts for goods which have been produced according to customer specifica
rions or which have been clearty rallored far personal use (particularly editions of sheet music
created at the behest of the customer, or sheet music for specific ensembles at the behest of à
customer] or which, due to their composition, are not suitable for return - compare 8GB Aït. 312
b Para. 4, Number L
ein the case of contracts for the delivery of audio and video recordings or software if the data
storage medium has been unsealed by the customer
Art. 5 Minimum order amounts / Delivery with an anti-reproduction mark /
Author and publishers copyrights
Editions of choir music ill only be delivered from à minimum order amount which reflects num
ber of singers in à choïr, Charal music compilations [such as choir books, choir baoklets or song books) are not exempt from the above minimum order clause. In individual cases, it is possible to deviate from this rule should plausible reasons exist. As long as the customer is the consumer, the delivery of individual musie scores will oceur in normal household amounts, Tonos reserves the right to place à limit on the amounts nrdered, ÿ
in order to prevent illegal duplication, Tonos 1s entitied to provide individual copies of choral mu- sic editions/chorai music compilations with à transparent anti-ceproduction mark. This may stight- ty impair the madability of some sheet music, These editions may be exchanged free of charge in the avent of à subsequent order for the chair
The specified musical components of the contract {sheet music/documents/ materials) are copy-
Lange Strake 89a
76530 Baden-Baden, Germany
Geschäftsführende Gesellschafter
Marian Golf und Dirk Fleischer
righted by the author and the publishing fem. The sheet music itself is protected and is further
individually protected according-to-publishing law. Customers are not allowed to use the materiai_
completely or partialty in extracts and/or in adaptations, not to copy, transcribe, digitalise and/or
in any other way reproduce the whole or part of the document using any kind of technical pro:
cess whatsoever The use of ihe musical components in any kind of audia/audiovisual production,
digital recording lontineoffline), transferral, or making available in any way which exceeds the
authors copy write for private use is expressly forbidden without written agreement from Tonos.
Performances as such, performances with a drama/musical character, such as choreographies, mi
ming or gesture-related presentations - with or without costumes, with or without backdrops - as well as combinations of orks of any kind are not the subject of the purchase contract and require
à specific written agreement with Tonos. À contract on this matter is to be concluded promptly
with Tonos before the presentation/use in question.
Art. 6 Reservation of proprietary rights
Until the comolete settiement of all claims against the purchaser/customer/contractor, the deliv red goods shaïl remain the property of Tonos.
The customer is sbligated to inform Tonos immediately in written form in the event of any access of a thurd party to its property. in particular in the case of the enforced sale of collateral as well as any damage directed towards their property. Any damages and costs resulting às à consequen- ce of neglecting ?o Aulfil this obligation ar which resuit from necessary measures of intervention against à third party are to be compensated by the customer/contractor. ifthe customer/contrac tor behaves in à manner contradictory to the fuifilment of the contract, particularly :f the customer faiis to fulfil their payment obligations to Tonos despite a reminder, is Tonos entitled to withdraw from the contract and demand that any products still in the possession of the customer be retur- ned after previously setting an appropriate deadline, The cevacation or setzure of goods by Tonos represents à withdrawal from the contract. Any postage costs thereby incurred are to be born by the customer/contractor. Tonos 1 entitled to the use af the products once they have been retur- ned, The proceeds of sale can be deducted from any remaining obligations owed by the custamer
Art. 7 Que date / default payments / Compensation
The purchase price is due immediately upon the placement of an order
Deliveries sithin Germany can be paid via credit card Visa or Mastercard) or after the receipt of
à bill by bank transfer to one of Tonos accounts. Orders from abroad will onty be accepted with
advance payment via credit card {Visa or Mastercard) or by bank transfer to one of Tonos' accounts. Should the customer/purchaser/contractor fall into arrears with the Payment, Tonos is entitled to charge default interest to the amount of 5 % above the basic level of interest {8GB Art. 288). If the contractual party « not the consumer. the default interest rates will dise to 8 % above the actual basic rate of interest from the point of the default
The contractual partner is entitled to compensation in as much as and in 40 far 5 any counter claim is legaily acknowiedged, established or undisputed by Tonos. À right of repayment can anly then be made valid by the contractual partner #hen the countér claim is based on the same purchase contract/contractual relationship.
Art. 8 Guaranty
According to the loitowing rules, Tonos shall assume responsibility for any defect which is present upon transfer of the goods during the guaranty perlod of two {2) years or respectively of one {1} year in the case of used goods.
The customer will, in the case of any deficits, Inform Tonos in writing immediately within the two
year deadline. Should à deficit be present for which Tonos is accountable, Tonos will either remove
the problem by removal or by providing à replacement according the wishes of the customer.
Should the provision of à replacement or the rectification of the probiem prove unsuccessful, or
Tonos 14 unwiiling or unable to do 30 or delays doing 50 for an unacceptable amount of time for
reasons which Toncs is to specify, the customer will be entitled to terminate the contract or ta demand à decrease in the purchase price,
Art. 9 Data protection
Customer data il be saved and edited in accordance with the regulations of the German Data Protection Act, the Telecommunications Act as well as the Tele Services Data Protection Act. The
customer has the right to information as well a$ à right to correct, block and delete of their ony saved data In such
Tonos undertakes to protect the private sphere of Ml individuals who shop within their store and
to maintain the confidentialit of their personal, Tonos uses customer data exclusively to enable Tonos to fuifil the contracts asth the customers in question
Tonos does transfer any customer data onto tfurd parties Tonos only sends E-mails to its custom
ers if the latter have Aeclared their consent for Tones to do sa.
Tonos uses encryption technology when tecelving or sending personal information/data in order 10 achieve maximum data confidentiaiity.
Personal data is protected With à passæort
Art. 10 Liability
Tonos assumes absolute liabihty for damages resulting from the absence of characteristics which Tonos has warranted as well as for damages ahich have been caused by the intent or gross neg ligence of one of their legal reuresentatives or executives.
Liability for misceflaneous damages incurred 10 the customer acerues due to à delay by Tonos, through an importunity for which Tonos is responsible or through the breach of an obligation, the fulfilment of which being essential in achieving à Contractual goal {contractual obligation), is limited to damages which are typical and predictable based on the contractual use of the good. In such à case the liability 15 limited to an amount double the paid purchase price of the applicable order
Further liability, particularly for damages which are not specifically related ta the goods them- selves, for lost profit or other damages to the customers property is exciuded.
Art. 11 Final Provisions
Any disputes arising from this legal relatlonship are subject to German law.
The UN Convention on Contracts for the international Sate of Goods {CISG) does not appiy. If the
contracting parties are business people, then the court at Tonos placé of business ail be compe
tent insofar as the causes of the dispute do not require à specific court of jurisdiction, The same Jurisdiction appes if the purchaser does not have general jurisdiction in their country. Tonos is entitled to amend these general business térms and conditions at any time.
In the event that individual clauses of the contract are ineffectual, the legal affect of the remain
ing clauses of the contract concerning the business relationship shall not be affected. WWW. tOn0SMUSIC.COM Rental lerms ana Conditions by 10n0s Vusic FUDIHShNINng ONG
A contract on renting publishers material is herewith made between Tonos Music Pubiishing oHG
___{hesain-after catléd the pubiisher} and the client/enquiror {hereinafter called the cilent} on sænting
material from the publisher on the basis of suppty and demand.
$ 1 Subject Matter of the Contract
The client rents material from the publishers under the provisions of the rental agreement.
$ 2 Material Delivery
Materlal delivery will be at the client 4 risk and expense but will not occur before the rental ma-
terlal contract has been mada and the agreed fee paid. The publisher cannot accept any llability
whatsoever for delayed delivery.
The condition, content and compléteness of the performance matertal supplied by the publisher must be checked immediately on receipt, Any and all complaints must be advised the publisher promptiy within three days at the most. Thereafter no such complaints will be accepted.
$ 3 Material Rental
The material rental fee plus processing and shipping costs and VAT for the contractually agreed performance/s is due and payable as provided for in the rental agreement prior to delivery of the
material. Tax-free export to third countries within the meaning of 5 4 no. 1.a together with 5 6
USG (German VAT Act} is not affected by this provision.
Shoutd any amendment, supplément or rewrite of the material rental agreement and associated documents for which the client is liable be or become necessary then costs relmbursement of 60 (sixty) Euros plus VAT for sach and every transaction shall be’ due and payable the publisher. Taxfree export to third countries within the meaning of 5 4 no. !_a together with 5 6 US1G {German VAT Act} is not affected by this provision.
$ 4 Returning the Materiat
The performance material must be returned at the clients risk and expense promptiy à fortnight
after the last performance at the latest or when the sgreed rental period expires according to the
delivery note. The material must be property packaged when shipped back to the publisher and
accompanied by à return mail note. If it s not returned promptly as above then half the agreed
rental fee shall be due and payable for each month or part thereof of delay.
$ 5 Custody of the Material
The disk of loss, damage, destruction or uselessness passes to the client when the performance material is shipped. The client is liable up to the new value of said material if the material is dama- ged, lost, destroyed or becomes useless. The damages compensation to be rendered by the client in such case is equal to the cost of purchasing, manufacturing and shipping costs but at least the agreed rental fee.
56 Contract Term
This contract’s term commences #hen the material in question is ordered and expires when said
material is returned to the publisher in accordance with the rental agreement, The return date will
be documented in accordance with said agreement
$ 7 Performance Cancellation or Delay
Should the performancæ/s in question be cancelled or delayed the publisher must be advised of same without delay and the material concerned returned to them promptty but within a week at the latest. Half the agreed rental fee is due and payable in such case, the publisher isn't so advised then the entire rentai fee agreed becomes due and payable.
The publisher must be promptiy advised of any performance being delayed. If said performance/s
is/are not given within two months of its/their original date then the publisher will charge the client haïf the rental fee invoiced as canceflation fee.
The material is always to be returned promptty and completely to the publisher in the event of performance cancellation and/or delay of two months or more.
Special Provision on Utilisation Rights in Choral Editions Photocopying scores Hs forbidden per % 53 paragraph 4 Urheberrechtsgesetz (UrhG) [German
Copyright Act}. The right of original use of choral editions {works carriers) must be acquired as
dictated by the chair strength inumber rdered). Use of single editions other than for strictiy pri-
Important legal considerations
The representational work of musical art including all of its (individual) parts is protected by co-
pyright. The printing of sheet music is also protected by copyright and is individually protected by publishing rights. Any use of the music or use of the medium of data beyond private use is subject to an agreement with Tonos. No part of the composition (work) contained therein is to be edited in any form without the aflowance of Tnos. The printed sheet music itself must not be reproduced or stored and/or transferred electranicaily ar mechanically in any form whatsoever without thé agreement of Tonos, This includes photocopies. The rights to the original use of the medium of data/the printed sheet music (for instance for the purpase of a public exhibition or
58 Scope of Rights Assignment / Utilisation Rights
The client may only use the mateslal for the parformance/s agroad. The client may not make 8x. tract/s from, create their own version/s of, make copy/copies of digitalise or plaglarise same ether in whole or in part by any means whatsoever.
Utilisation of the rental material for any form of audio/audio-visual music production {e.g. CDs
etc), digital storage and/or dissemsnation of same [online/offline/streaming, downloads, etc),
transmission, onforwarding or otherwise making it accessible/useable by/to any third party either in whole or in peart is expressiy forbidden without explicit written permission from the publisher and separate legal contract. The same applies mutatis mutandis to dramatic-musicai performan- ce/s (8.q. operas), performance/ss using mime or gesture with or without costume/s, scenery and/ or works related to it
The client may not make the rental materiai accessible to any third party and/or loan it to them and/or assign it 10 them and/or rent it to them either in whole or in part. The client will be liable to the publisher for all and any damages incurred due to any breach of this provision, :
59 Right of Performance
The right to publicly perform the material is not any part of the subject matter of this contract but
must be acquired from the owner/s + such as the GEMA - by contacting their relevant department/
5, e.g. VG Musikedition Kassel (responsible for editions).
Agreed performance must be ragistered and such registration include details of ail persons with rights in same (composer, reviser, ext writer, translator, publisher, etc.;. If such registration is not performed as legally ‘equired then the client shall be liable to the publisher for the lost perfor- mance payment/s unless the right/s and/or title/s owner/s involved decide/s otherwise.
$ 10 Use without approval, increased costs, contractual penaîties
Ifthe diient breaches any foregoing pravision, such as by exceeding the agreed utilisation scope or use for ather than the agreed purpose/s, then they undertake to pay the publisher triple the fee due and payable for approved use of the affected part/s of the rental materiai/s in question. No subsequent approvai of any such use is associated therewith,
If the client copies orleans out 9r loans out for gain in breach hereof then they must pay à lump sum contract penalty of €2,000.00 to the publisher m each and every case. No subsequent appro- val of any such use :s associated therewith,
The publisher reserves the night to assert claim/s for damages in law.
$ 11 Management
1f client, organiser and pérformer are not identical then the client acts both for themselves and for the parties they represent and their tegal heirs and successors, The client must safeguard contract performance in such case
$ 12 Mediation of performance materials
In the event of the material/s in question being supplied by an agent, the agent must advise the user/s of said material/s of this material/s rental agreement, Should the agent fail to fulfil this requirement he shall be hetd fuity liable under the provisions herein.
$ 13 Final provisions
Any and all amendments and/or supplements hereto must be in writing to be effective.
Should any provision herein be or become null and void for any reason whatsoever this will not
affect the remainder, Any such provision will be replaced by mutual agreement with à legally
effective one coming as close as legaity possible to the original intent of the parties hereto. If no
such provision can be agreed on then the usual German legal provisions for such cases apply, The
same applies mutatis mutandis should the contract prove to have any loaphole.
This contract is made in German law. The UN Convention on the International Sale of Goods does
not apply. Place of judicature is the publishers registered head office location insofar as legally
fessible.
vate purposes is subject to agreement by Tonos. The score itself may not be reproduced and/ or electronically stored and/or transmitted in any way whatsoever without Tonos approval. This includes.in purely mechanical form, including photocopying.
performance, teaser/production and or editing or changing} must be applied for in the form of
rental publisher s material from Tanos.
We recommend that the general business terms and conditions as well as the transaction data should be printed out and be kept in an easily accessible place.
8GB [Bürgerliches Gesetzbuch - German Civil Codef:
http://www .gesetze-im-internet de/bgb/indexchtmi
The Federai Commissioner for Data Protection and Freedom of Information:
http/Awww.bfd.bund.de/
Tonos Music Publistung oKG Telephone +49 7221 18957-20 Handelsregister (Commercial Register) Mannheim HRA707705 Lange Strafle 893 Fax +49 7221 18957-25 Managing associstes 76530 Baden-Baden, Germany tmpcontactétonosmusic.com Marian Golf and Dirk Fleischer Release: 19, February 2019 / 88 Lange Strale 89a Geschäftsführende Gesellschafter WWW.ton0SMUSIC COM 76530 Baden-Baden, Germany Marian Golf und Dirk Fleischer