General terms & conditions OBA GROUP
I. General provisions
1. Sale, delivery, rental or other services rendered by OBA GROUP shall be exclusive in accordance with the following terms and conditions, which shall be regarded as having been accepted by the Buyer or Hirer (hereinafter known as "Customer") upon the receipt of the goods or service. Opposing regulations have to be accepted by us in writing. By placing an order with OBA GROUP on the basis of an offer submitted in accordance with these terms and conditions of business or by accepting the goods or service. The Buyer or Hirer accepts the sole validity of these general terms and conditions of business.
2. All offers made by OBA GROUP shall be subject to change without notice and shall not be binding. Written offers made by OBA GROUP shall only serve as invitation to the Customer to submit a corresponding offer on his part. These offers will only be accepted by OBA GROUP if they are confirmed in writing. The drawings, diagrams, dimensions, weights or other specifications belonging to an offer shall only be regarded as approximated values.
3. Deliveries are for the account and at risk of the Customer. Risk is passed over to the Customer as soon as the consignment is handed over to the hauler or freight forwarder or when it leaves the OBA GROUP warehouse for the purpose for dispatch. If delivery is delayed as a result of circumstances for which the Customer is to blame, the risk shall be passed over to the Customer on the day on which he is notified that the consignment is ready for dispatch. Any return consignments of goods not accepted by the Customer shall be for the account, and at the risk of the Customer, providing that OBA GROUP is not responsible for the return consignment.
4. Invoices have to be paid by the Customer in full by the agreed payment date. OBA GROUP will be entitled to demand a deposit or prepayment irrespective of the Customer's terms and conditions of business. OBA GROUP will be entitled to offset payments made by the Customer against older debts. If costs and interest have already been occurred,to offset payments made against the costs first of all, then interest and finally against the main account. Payments will only be regarded as having been paid once. OBA GROUP can demand Interest of 5 % p.a. above the bank rate charged. OBA GROUP reserves the right to assert a further claim for damages incurred. OBA GROUP shall be entitled to make the entire debt payable if the Customer either fails to honor his payment obligations or defaults, or a cheque issued to OBA GROUP is dishonored or if the Customer discontinues with the payment of instalments or if an application is filed to instigate, insolvency proceedings on his assets or if the Customer has made an affirmation in lieu of an oath. Unforeseen events for which OBA GROUP is not to blame, regardless of whether these should occur to OBA GROUP or to one of his suppliers, such as strike, lock out, accident damage or etc., shall entitle OBA GROUP to withdraw from the contract or to extend the beginning of the rental period or delivery date by the duration of the hindrance. The Customer shall not been titled to assert a claim for damages or compensation as a result. If for purchases OBA GROUP is not in a position to supply the Buyer with the goods by theend of a reasonable subsequent period for delivery set by the Buyer, the Buyershall consequently be entitled to withdraw from the contract. If, following a second payment reminder, the Buyer does not pay part or the entire purchase price within the reasonable period of time set by OBA GROUP, OBA GROUP shall consequently be entitled to withdraw from the contract. If the equipment has already been used by the Buyer, OBA GROUP shall consequently be entitled to have his expenses reimbursed in line with normal rent payable for the amount of time the equipment has been used.
II. Terms and conditions of hire
1. The Hirer shall have to comply with all obligations incumbent upon him and connected
with the possession or use and maintenance of the rented goods. He shall also have to
observe the manufacturer’s and OBA GROUP’s maintenance and usage instructions. He
shall be liable for all damage to the rented goods and accessories caused by him or by
third parties occurring during the rental period. The Hirer shall bear responsibility for the
accidental loss as well as accidental damage. In the event of a total damage, the Hirer is
liable for the full cost of replacement of the damaged material. In the case of theft, the
hirer shall provide a report made by the police.
2. At the request of the Hirer, OBA GROUP can insure the rented goods in favor of the
Hirer against damageor loss, but not against damage and loss occurring as a result of
negligence, intent or incorrect use by the Hirer. The Hirer shall be invoiced for the costsof
insurance amounting to 7% of the rental fee.
3. The Hirer shall be obligated to notify OBA GROUP of any possible defects or damage to
the rental goods immediately. In this case, provided that OBA GROUP is to be made
responsible for the defect or damage, OBA GROUP is to be given an opportunity to rectify
the damage or defect to the rented equipment or to provide other equivalent equipment.
If the Hirer fails to notify a defect or damage, he shall forfeit his right to have the rental
fee reduced. If the rented goods fail, the compensation for damage shall be limited to the
rent. The Hirer shall undertake to exempt OBA GROUP from all third-party claims
asserted against OBA GROUP in connection with renting appliances. OBA GROUP's right
to exemption against the Hirer shall also include the costs incurredby the Hirer for
warding off third party claims.
4. The Hirer shall be obliged to inform OBA GROUP immediately, and to hand over all
documents, if therented equipment is illegally pledged or a claim is otherwise made on it
by third parties. The Hirer shall bear the costs necessary for warding off such third-party
intervention.
5. When the equipment is operated with the software to be used, the software may only
be used in accordance with the terms and condition of the license holder. The hirer shall
exempt OBA GROUP from all claims damages as compensation in the event that the
software is not used in accordance with the terms and conditions.
6. If, irrespective of reasons, the Hirer withdraws from the rental agreement, OBA
GROUP may demand cancellation costs (AW = order value) - up to 30 days prior to the
beginning of the rent: 30 % of the AW - up to 14 days prior to the beginning of the Rent:
40% of the AW. - up to 8 days prior to the beginning of the rent: 50% of the AWand
from 7 days up to the beginning of the rent: 100 % of the AW.
7. Provided that no agreement has been made to the contrary, the Hirer may return the
rented equipment to OBA GROUP immediately when the agreed rental period expires at
his own cost and risk. If it is returned late, interest will be invoiced subsequently. Besides
which if necessary, the Hirer shall bear the costs for OBA GROUP having to rent the same
equipment to fulfil his obligations to other clients. If the rented goods are not returned in
a proper condition, the Hirer - irrespective of other claims for damages for compensation
which may be asserted against him - shall have to pay rental fee/cost for the time in
which the rented goods are repaired.
III. Terms and conditions of sale
1. The delivered goods shall remain the property of OBA GROUP until all accounts created
by the business relationship including all subsidiary claims have been paid in full. The
Buyer shall keep the property in safe keeping for OBA GROUP free of charge. Goods, to
which OBA GROUP is entitled to ownership, shall be described below as goods subject to
reservation of title. The Buyer shall be entitled to sell goods subject to reservation of title
in proper commercial transactions as long as he is not in default with his payments. The
Buyer shall undertake only to sell on goods subject to reservation of title until he has
paid for them in full. The Buyer shall assign to OBA GROUP here and now, as a security
and accounts created by the resale or other legal reasons (e.g. insurance, illegal acts)
with regard to the goods subject to reservation of title in full amount to the final invoiced
amount including value added tax. OBA GROUP accepts the assignment here and now.
OBA GROUP authorizes the Buyer to collect the accounts assigned to OBA GROUP in his
own name for the account of OBA GROUP. OBA GROUP can revoke this collection
authorization at anytime if the Buyer does not fulfil his payment obligations properly.
Upon request by OBA GROUP, the Buyer shall disclose the assignment immediately and
pass over to OBA GROUP the information and documents required to collect the account.
Pledging and assignment by bill of sale as security for third parties is not allowed.
2. Should a defect in the goods arise within the warranty period, OBA GROUP shall
replace or repair the defective part if the defect is notified in time. The warranty period is
12 months, provided that it is not a purchase of consumer goods and shall begin on the
date of delivery. The part to be repaired shall normally be repaired at OBA GROUP's
premises, having been returned by the Buyer. The Buyer must notify the defect in writing
immediately upon receipt of the goods and within a week of delivery at the latest. The
defective parts delivered are to be kept ready for inspection by OBA GROUP in the
condition in which they are in at the point in time at which the defect was notified. A
breach against the above obligation shall invalidate any warranty claim asserted against
OBA GROUP. The arrangements in the above regulation shall not apply for used
equipment supplied without a warranty. Provided that it does not concern the purchase
of consumer goods, the obligation under a warranty shall exist for 6 months. No other
claims for compensation for damages shall be admitted, provided that the damage
incurred has not been caused intentionally or through the gross negligence of OBA
GROUP or its agents.
IV. Final provisions
Amendments to our contracts must be made in writing. Should a provision in a contract
be invalid, this shall not affect the validity of the remaining provisions. The place of
fulfilment is OBA GROUP's premises at our warehouse in 8th street, Al Quoz Industrial 1,
in Dubai. Place of jurisdiction is Dubai. UAE law shall be regarded as having been agreed
for any business taking place outside the United Arab Emirates.