Terms and Conditions
1. Validity of Conditions
1.1 All deliveries, services and offers by MBF, concerning both sale and lease contracts, are affected on the basis of these terms and conditions. These terms and conditions also apply to all future business relations without having to be explicitly agreed to once more. Counter confirmations on the part of the customer referring to his own terms and conditions shall not be accepted.
1.2 Dissenting arrangements must be communicated in writing. This also applies to the renouncement of writing requirement.
2. Costs and Payments
2.1 The invoice is issued, if not otherwise specified, according to the effective MBF price lists at the time the contract is concluded. All prices are net prices and exclude the VAT applicable at the time.
2.2 Prices are understood, if not otherwise specified, as from warehouse Frankfurt am Main. Shipping costs (in case of lease contracts also packaging costs) are excluded and at the expense of the customer.
2.3 Invoices are due and payable immediately without deduction.
2.4 The customer is only entitled to offset if counterclaims are unchallenged or judicially determined.
In case of default of payment MBF charges a 4% interest above the prevailing discount rate of the German Federal Bank, regardless of the customer’s right to provide evidence that less damage or no damage at all has resulted from the default. On production of the appropriate evidence MBF has the right to claim a higher damage recovery due to the default.
4.1 MBF and MBF’s representatives are only liable for statutory or contractual liability cases (particularly in case of present defects for which MBF is answerable (§§ 367 + 368 BGB), inability, impossibility, delay, positive infringement of the contract, fault in contract negotiations, infringement of the obligations to remedy defects and other seller warranties, unlawful acts, etc.) in case of intentional or gross negligence.
Further liability is excluded on the basis of the following provisions.
4.2 Liability due to lack of a warranted feature or in case of basic contractual obligations that must be followed in order to accomplish the intent of the contract as well as claims according to §§ 1 + 4 German Product Liability Law shall not be affected by the precepts of 4.1.
4.3 Any liability is limited to damages that can be foreseen when the contract is concluded and shall not include consequential economic damages of the client if a device failure occurs.
5. Performance of Lease Contracts
5.1 The lessee is obligated to inform MBF in detail about the intended use for the leased object. The lessee is also obligated to make sure that the leased equipment remains free from damage and is only used as intended during transport, installation, mounting, and usage. The lessee is obligated to completely test the equipment prior to the envisaged start of operation. The equipment shall only be operated by skilled personnel.
5.2 The leasing time is charged from the moment of the binding order of the equipment, at the latest from the moment the equipment is used or delivered from MBF’s storage up to the moment the equipment is returned, at least, however, until the arranged leasing period is over. The time of transport is considered as part of the leasing time. MBF is not liable for delay of delivery dates that are beyond the sphere of influence of MBF. The leasing fees are always charged according to the full daily rates. Saturdays, Sundays, holidays and any part of a day are considered as a whole day.
5.3 In case of cancellation MBF charges 50% of the leasing price at the day of the order (starting two days before the day of the order), and the full price in case the customer fails to collect the equipment, irrespective of the customer’s right to provide evidence that no loss has occurred or that the loss is considerably lower.
MBF has the right to demand a security deposit of the amount of the product value or advance payment for the estimated invoice total.
5.4 The risk of transport shall be borne by the lessee.
5.5 The lessee is obligated to notify MBF immediately if the equipment is found defective. If this obligation is not fulfilled the lessee is compelled to compensate MBF for the resulting damage. § 545 BGB applies.
5.6 MBF does not assume any liability that the equipment is adequate for the use intended by the lessee and the equipment is conceptually complete.
The lessee must substitute MBF for any damage of the equipment that
- has occurred due to insufficient protection or incorrect operation during use in accordance with the contract
- apart from that, occurs to MBF as a result of the loss or damage of the equipment.
The lessee is also responsible to ensure reliable power-supply and is liable for damages due to power failures and fluctuations of current.
5.7 The equipment is covered by insurance according to the general conditions for electronics insurance. The lessee, however, has to bear up to 510.00 € for any damage. The geographical coverage of the insurance includes all of Europe. If desired, the insurance policy can be viewed in our office. 5% of the insurance fees are included in the currently effective daily leasing charge. They are not included in the prices defined in paragraph 2 of the present terms and conditions
If the equipment is used in areas not included in the geographical coverage defined above or if increase of risk (expeditions, mounting in vehicles, machines, helicopters, remote-controlled models, high mountain tours, etc.) or risks that are not covered by insurance (seizure by or under the order of the government, risk of war, etc.) exist, a written permission of the lessor is necessary. The costs of additional insurance in these cases shall be borne by the lessee. Information on insurance against theft can be found in the policy conditions.
In case of vehicle, air, high mountain, underwater and open sea recordings the lessee, the lessee’s representatives and all persons using the rental equipment for the recordings are obliged to observe special due diligence, especially when it comes to the protection of the equipment. The lessee is obligated to inform all these persons about the due diligence. If these provisions are not complied with the lessee shall be liable for all damages.
In case of theft, burglary, robbery or misappropriation by third parties or any other kind of loss of the rental object the lessee is liable, having to bear retention valuing 20% of the replacement value, with a maximum of 10,000.00 € per lost object.
For the rest, the general conditions for electronics insurance remain unaffected. If the lessee commercially sub-lets our equipment with others, the lessee is obligated to take out insurance for the equipment and to handle claims with his own insurance company. The claim of our insurance is excluded in this case.
In case of infringements against the obligations defined in the general conditions of the insurance the lessee is liable.
Insurance does not include damaged or lost lamps and glass filters.
5.8 The lessee is obligated to pay, apart from repair and replacement costs, compensation valuing the leasing fee for the time of the repair he has to bear or of the replacement in case of a total write-off or loss.
The rental equipment and all accessories have to be returned in the same state as handed out in. Maintenance work (e.g. cleaning of the equipment, winding cables, etc.) is invoiced after the work has been carried out. The redemption of the rental equipment shall always be subject to the reservation of later review.
6. Performance of Sale Contracts
6.1 Delivery dates and terms are to be made in writing.
6.2 Even in case of binding terms and dates MBF is not liable for reasonable delivery and service delays that occur due to force majeure and to events that make the delivery complicated or impossible (including strikes, lock out, administrative orders, etc.), including delays occurring for MBF’s contractors. MBF is obligated in these cases to inform the customer immediately.
6.3 Risk shall be transferred to the customer as soon as the shipment has been handed over to the person in charge of transport or has left MBF’s storage for the purpose of shipment. If shipment becomes impossible without MBF being at fault, the risk shall be transferred to the customer as soon as the readiness for shipment has been reported.
Upon request of the customer deliveries shall be insured in his name and at his cost.
6.4 MBF remains proprietary of the objects of purchase until the payment is completed. If the buyer acts in violation of the contract, and especially in the case of default in payment, MBF is entitled to take back the delivered goods after an overdue notice and the buyer is obligated to hand them over. If the goods have been transferred to third parties MBF is entitled in these cases to demand assignment of the customer’s right to recover possession against any third parties. The repossession and seizure of the goods by MBF shall not constitute a withdrawal from the contract, unless MBF explicitly states this in writing.
MBF is entitled to dispose the goods after the repossession. The earnings from the disposal less reasonable disposal costs shall be offset against the obligation of the customer.
In case of seizures or other interventions by third parties the buyer is entitled to inform MBF immediately.
6.5 The buyers warranty rights imply that the buyer has properly complied with the obligations to examine and report defined in §§ 377 and 378 HGB (German Commercial Code).
MBF guarantees that the delivered parts are devoid of production defects and features all warranted attributes. At the option of MBF, the warranty is effected by means of rectification (repair), replacement of the affected parts or replacement of the product. Multiple rectifications are acceptable. Replaced parts are transferred to MBF’s property.
If the defects cannot be eliminated or more rectifications are not reasonable, the buyer reserves the right to demand for transformation (cancellation of the contract) or reduction in payment instead of rectification.
The warranty period amounts to six months and starts at the delivery date.
Liability for normal wear and tear and for consumables is excluded.
7. Further Provisions (for Sale and Lease Contracts)
7.1 The buyer can only pass on the rights and obligations defined in this contract with MBF’s written consent.
7.2 For these Terms and Conditions and all legal relations between MBF and the customer the laws of the Federal Republic of Germany shall apply.
7.3 If one of the conditions defined above or any other contract condition is or turns effectless or impracticable, the effectiveness of the remaining regulations remains unaffected. The effectless or impracticable condition shall be replaced by a regulation that fulfills the intended economic goal in a legally permissible way.
7.4 Court of jurisdiction for all disputes arising from this contract is Frankfurt am Main.