SILBERSALZ35’s exclusive liability for loss of or damage it causes to photographic and imaging Materials sent for Services, is limited to refund of SILBERSALZ35’s charges for film packs and their replacement with an equal amount of unexposed Material. While in transit to or from SILBERSALZ35, Customer shall bear all risk of loss or damage to all Material.
In no case shall SILBERSALZ35 be liable for any injury, loss, claim, or any direct, indirect, incidental punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Service delivered by SILBERSALZ35 or for any other claim related in any way to your use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, SILBERSALZ35’s liability shall be limited to the maximum extent permitted by law. The Customer shall have no claims other than those expressly stated in these General Terms, irrespective of the grounds they may be based on.
If Customer believes that its Material has or will have any value that exceeds the cost of unexposed film, then it is solely Customer’s responsibility to obtain relevant insurance from an outside vendor. SILBERSALZ35 does not provide any insurance of any kind covering the Material delivered to SILBERSALZ35.
The Customer warrants that it owns or has the authority of the owner to deliver the Materials and to instruct SILBERSALZ35 to carry out the Services. The Customer further warrants that it has or has the consent from all copyright and photographic rights owners of all Material supplied to SILBERSALZ35 to carry out the order for the Services. The Customer shall indemnify SILBERSALZ35 for any claims, demands, liabilities, losses, damages and costs whether for breach of copyright or otherwise howsoever arising from the use, handling, processing or return of the Material supplied by the Customer.
CLOUD SHARING SERVICES
The Customer agrees to digital delivery of scanned imagery using Adobe Lightroom Galleries and Dropbox Links. Terms and Conditions can be found here:
The Material supplied by the Customer must be packed safely to avoid exposure to light or any other damages. All packages must be marked with the Customer name and address.
DISCLAIMER OF WARRANTY
Except as expressly provided in these General Terms all Services are provided “As Is” with no warranty whatsoever. All express, implied and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed to the fullest extent permitted by law.
EXAMINATION OF FILM ROLLS
SILBERSALZ35 reserves the right without notice to Customer to inspect and examine random rolls of Customer’s Material directly off the processing machines and scanners to verify that picture quality satisfies industry standards.
The Customer shall examine the returned Materials immediately after delivery from SILBERSALZ35. Complaints shall be in written form and sent within thirty (30) days from delivery, and SILBERSALZ35 shall have no legal liability for any complaint made after that period.