MBB Technik spol. s.r.o. (hereinafter only “MBB”) is the Controller of the personal data of its employees and clients. In order to perform its business activities, MBB processes personal data in accordance with the Regulation of the European Parliament and of the Council (EU) No. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter only the “Personal Data Protection Regulation”). The purpose of the personal data processing is to keep records of MBB clients as well as for the administration of the services rendered.
MBB files the personal data of its clients only upon their consent. MBB only retains data concerning the client, the date and time of the client’s visit to MBB web pages, and the name of the relevant internet services provider and the web page from which the client accessed the MBB web page. Betonefekt uses the information to evaluate the activity for statistical purposes and for improving the services and information provided via its web pages. The personal data of the client are used solely to prepare polls based on the consent granted by the client for a defined purpose and in accordance with the Personal Data Protection Regulation.
In this respect, MBB has introduced unified internal rules for personal data protection based on the requirements of the General Data Protection Regulation. Upon demand, the client is entitled to receive information on these rules and information on its personal data kept free of charge and is entitled to the right to have the data rectified, restricted, or erased. In case of inquiries or complaints concerning the personal data protection, please contact MBB via e-mail at info@mbbtechnik.cz

1.Legal extent
1. These Terms and Conditions apply exclusively to business persons, legal entities, public institutions and legal persons of public law (hereinafter referred to as "Client").
2. These terms and conditions, i.e. the terms and conditions of MBB Technik LLC, Id. No. 61536130, with its registered office in Dobroměřice, 5. kvetna 534, ZIP code 440 01, Czech Republic, held at the Regional Court in Ústí nad Labem, BR (business register) Section C, Insert 7553 (hereinafter referred to as "MBBTECHNIK"), applies to all future trades with the Client.
3. Additional requirements and/or conditions from the Client’s side have to be approved, in writing, by MBBTECHNIK, first.

2.Offer, conclusion of the contract and copyright
1. If MBBTECHNIK makes the Client an offer, MBBTECHNIK shall be bound by this offer for the next 30 calendar days after sending it to Client. After 30 days, a new demand from the Client must be submitted.
2. MBBTECHNIK reserves all proprietary rights and copyrights of all illustrations, drawings, calculations and other documents. This also applies to other written documents that are marked as "confidential". Prior to their handover to third parties, written consent granted from MBBTECHNIK is required. The Client commits to keep confidential all documents that have been handed over to Client.
3. The obligation of confidentiality also applies after the fulfillment or termination of the contract with respect to proprietary rights and copyright.

3.Prices – payment terms
1. Unless otherwise indicated in the offer or the contract, all prices are set by the factory, and additional prices for the packaging apply. A separate invoice will be issued for the packaging.
2. Our prices do not include mandatory value added tax (VAT). Such tax, as well as other applicable taxes, will be listed separately on the invoice and invoiced at the date of issue of the invoice.
3. A special written agreement is required to deduct the payment discount.
4. Unless otherwise indicated in the offer letter or the confirmation of the contract, the net purchase price (excluding deductions) is payable within 14 days from the date of issue of the invoice.
5. Budget costs and additional offers shall be made free of charge (at no additional cost), only if this has been explicitly promised.
6. The production of individual tools according to the customer's specification, will be invoiced, (unless individually negotiated differently), as follows:
30% when the order is confirmed
40% when the ordered goods are collected/delivered
30% after testing of the ordered goods
Should there be a delay in compliance with the agreed delivery date for reasons on the part of the Client, MBBTECHNIK has the right to issue a partial invoice at the agreed date. This is also true when the tools remain with MBBTECHNIK for further modification, reprocessing or further processing.

4.Delivery time – delivery
1. Unless otherwise indicated in the contract, it is agreed to deliver "directly to the factory”. The risk passes on to the Client at the moment of the fulfillment of the delivery. The delivery period stated by MBBTECHNIK covers all details of the implementation of the contract. Compliance with the delivery obligation on behalf of MBBTECHNIK is based on a timely and proper fulfilment of the obligation by the Client, such as supply of castings required for the production of the relevant instrument (sample castings). Any objection for non-compliance with the contract remains reserved. The range of delivery is specified in the written offer from MBBTECHNIK based on written confirmation of the contract by MBBTECHNIK. Within acceptable limits, MBBTECHNIK is entitled to make changes to the order due to technical improvements or legal requirements. The Client agrees to these changes in advance.
2. If the Client delays the delivery handover or if Client violates other obligations of cooperation, MBBTECHNIK is entitled to claim compensation for the damage incurred, including any additional costs. Claims beyond this framework are reserved (see § 3 and § 4).
3. If the conditions in paragraph (2) are fulfilled, the risk of accidental termination or accidental deterioration of the delivery status passes to the Client at the time of the takeover and/or payment.
4. If the Client requests that MBBTECHNIK carries out the necessary tests, the type of testing and the scope of delivery must be agreed upon, but no later than at the time of the conclusion of the contract.
5. If the delivery of the parts is carried out by MBBTECHNIK, the Client is obliged to inspect and approve all samples immediately. If such inspection is not carried out within a reasonable period of time, for reasons on the part of the Client, MBBTECHNIK is entitled to charge the appropriate amount for the goods as a whole.
6. MBBTECHNIK is responsible for delivery and any delay may be considered as negligence.

5.Transport – risk transition
Once the goods are sent to the destination specified by the Client and fulfilled by Client‘s arranged transport, the risk of accidental perishing or deterioration of the condition of the goods at the time of dispatch (time of dispatch is the time of the delivery of the goods to the carrier), goes on to the Client at the time of departure from the warehouse. This applies irrespective of the place of performance and of shipping costs.

6.Ownership title
1. MBBTECHNIK reserves ownership of the delivered items until receipt of all payments from an existing overdraft facility (business link) from the Client (extended saving clause of proprietary right). The saving clause shall cover the balance recognized by MBBTECHNIK. In the event of the Client's breach of the contract, and especially in the event of a delay in payment, MBBTECHNIK is entitled to take the delivery back and does not mean withdrawal from the contract, unless MBBTECHNIK expressly declares such in writing. Either way, MBBTECHNIK is entitled to cash the invoice. The relevant return will be taken into account against the Client's financial obligations – including subtraction of adequate sale expenses.
2. The Client is obliged to handle the delivery with extra care, and to insure the delivery, at Client’s own expense, against possible damage caused by fire, water and/or theft. If maintenance and inspection work is necessary, the Client must carry them out on time and at his own expense.
3. In the event of confiscation or other interventions by third party, the Client is obliged to inform MBBTECHNIK immediately in writing so that MBBTECHNIK can bring up charges under the paragraph §267 statute 99/1963., of the Code of Civil Procedure, as amended and effective (hereinafter referred to as the "CCP"), or an action corresponding to the action referred to above, by Client’s right. If the third party is unable to pay MBBTECHNIK the judicial and out-of-court costs, the Client shall be liable for the loss incurred.
4. The Client is entitled to continue to sell the subject of delivery in a proper commercial transaction. However, MBBTECHNIK is already invoicing the final amount (including VAT), regardless of whether the subject of the supply was sold without or after processing. Even after the transfer, the Client is authorized to collect this claim. MBBTECHNIK’S right to collect the claim itself remains unaffected. However, MBBTECHNIK makes the commitment not to collect the claim as long as the Client fulfils his payment obligations from the received proceeds for as long as everything is paid without delay, and, in particular, if bankruptcy, or insolvency is not filed or payment is stopped. If such occurs, MBBTECHNIK may require to be notified by the Client of such financial claims and their debtors, and to disclose all the information necessary for the collection of such claims, and to issue the relevant supporting documents and to notify the debtor (third party).
5. Processing or manufacturing of the items by the Client is always carried out for MBBTECHNIK. If a delivery is processed with other items not owned by MBBTECHNIK, MBBTECHNIK acquires a co-ownership right to such new item in the value of the delivery (final invoiced amount including VAT) to other processed items at the time of processing.
6. The Client gives MBBTECHNIK the right to claim all unpaid receivable amounts in form of a collateral from the Client’s property.
7. MBBTECHNIK commits to release the collateral at Client’s request to the extend that the realized value of the collateral exceeds the secured receivable amount by more than 10%, MBBTECHNIK is responsible for selecting the collateral to be released.

7.Warranty
1. The warranty period is 12 months, and includes, if agreed in writing with the Client, a specified number of services. The warranty period begins at the time of receipt of the goods. In case of replacement or removal of possible defects, the warranty period for repaired or replaced parts shall start at the time of the new delivery statement.
2. The warranty expires in the event of intentional conduct or gross negligence, in the event of damage by the Client or Client’s customers, and also in the event of improper operation, for which MBBTECHNIK is not responsible.
3. Wear and tear due to normal use is not included in the warranty.

8.Models – samples and castings
1. If the Client provides models or parts related to workpieces, they must be sent free of charge.
2. The Client assures MBBTECHNIK that the use of the parts is free of any protection rights of third parties. The Client promises, that MBBTECHNIK will be waived of all third-party claims.
3. Models and designs made by MBBTECHNIK, remain property of MBBTECHNIK.
4. Models and designs supplied by the Client remain the property of the client. This also applies to designs and proposal drafts.
5. If the models/designs are not delivered to the Client after delivery, they will remain in the ownership of MBBTECHNIK.
6. MBBTECHNIK accepts no further commitments and responsibilities.

9.Jurisdiction and place of performance
1. The place of performance and the decisive place for exclusive jurisdiction for all disputes shall be the registered office of MBBTECHNIK, unless otherwise specified in the contract.
2. However, MBBTECHNIK is entitled to sue the Client at the place of his company's registered office, if applicable.
3. Unless otherwise agreed, the applicable law is the law of the Czech Republic, based on the date of conclusion of this agreement. The validity of the UNITED NATIONS agreement about Contracts and the International Purchase of Goods is explicitly excluded.

Date: 01.01.2018