General Terms and Conditions:

For the letting of camera systems

1. The letting of cameras with digital backplate, of digital backplates, of additional lenses and of 3-D tripods with/without laptop computer for the drive, in the following called camera systems, by Mainworks GmbH, in the following called lessor, is exclusively on these terms. General Terms and Conditions of the lessee are only valid in this respect if the lessor has particularly agreed with them in writing. This also applies to future business between the parties. For the letting of the camera systems written agreements are exclusively substantial between lessor and lessee. These can - just like this document form requirement- not be verbally ceded.

2. The rent is calculated according to the price list of the lessor, unless not otherwise agreed in writing. It is calculated plus legal VAT at the amount of the valid tax rate and additionally an insurance at the amount of 5% of the net rent with a co-payment of the lessee at the amount of 300 Euro, as well as in the case of theft, burglary, robbery and looting, at the amount of 10% of the camera system value. The lessee is obliged to make a deposit at the amount of a one day rent, which on the demand of the lessor is paid by debiting/block of the credit card of the lessee.

3. The rent is, independent of the actual temporal use of the camera systems, valid for a day. If camera systems are collected before 14:00 hours or given back in the morning after 10:00 hours, one full day rent has to be paid for the collecting- or return day. The same applies if the cancellation of a reservation (at least 1 day before collection) is not on time.

4. The camera system is left exclusively for the personal use of the lessee. The lessee is liable for a proper, careful as well as damage-free use of the camera systems. He commits himself to treat the camera systems according to the requirements of the insurer, which were accessible to him and of which he has taken knowledge or could have taken knowledge at the conclusion of the contract. If the lessee leaves the camera system in a vehicle, he has to close the roof and the doors and to lock the vehicle. He is not authorized, without an express written consent of the lessor, to rent out the camera systems to third parties, or to allow a third party to use, to sell, to pawn or assign as collateral the camera systems. The lessee has to give the lessor immediately information of any enforcement measures which concern the camera systems. The lessee bears costs which arise for the lessor from the assertion of his rights against these enforcement measures. The same applies to costs which arise for the lessor at failure of the camera systems due to enforcement measures. The lessee is not authorized to take the camera systems to any regions or countries where one could anticipate war, invasion, hostile operations, or any other risk of hostilities (regardless of the existence of a declaration of war or not), civil war, rebellion, revolution, uprising, mutiny, strikes, riots and civil commotions, lockout, military or illegal seizure of power of a group of malicious persons or persons who act on behalf of or in association with political organizations.

5. Delivery appointments are non-committal, unless the lessor guarantees explicitly in written form an appointed time. A delivery date is considered as adhered to and all risk of peril is transferred to the lessee, if the camera system is provided on time for collection by the lessor.

6. On receipt, the lessee has to check the camera systems professionally and convince himself of the faultless condition and functionality of the same. The camera systems are considered to be in faultless condition and in working order at the point when they are taken on by the lessee, if possible defects are not announced in written form to the lessor immediately on receipt. It is agreed on, that the lessee is not entitled to an abatement of rent if he has not adhered to the above-mentioned obligation to disclose, or not on time. The lessee carries all costs of the elimination of defects, if these were not immediately upon receipt of the camera system announced in written form. For damages, if these do not directly concern the camera system, the lessor is not liable, if these are not based on a deliberate or negligent injury of the life, the body or the health or on grossly negligent breach of duty of the lessor, his legal agents or assistants. In the case of a neglect of duties which are an integral part of the contract, the liability of the lessor is limited to the typical damages sustained.

7. The lessee has to inform the lessor immediately in writing ? if possible also by telephone and by telex/fax/email ?if any damage has occurred. Furthermore, damages by theft, burglary, robbery or looting have to be immediately reported to the responsible police station and a list of the missing things has to be submitted at once. If possible, the lessee has to turn the damage away or decrease it and hereby follow the instructions of the lessor and/or the insurer; the lessee has to request such instructions, as far as the circumstances allow it. He has to allow, to a reasonable extent, any examination on the cause and the height of the damage at the demand of the lessor and/or the insurer, to give any information which can be useful ? in written form if desired ? and assign the required documents. Furthermore, he has to leave the scene of the damage unchanged until an inspection by the lessor and/or the insurer takes place, unless the retention of the business or safety reasons call for intervention, or the intervention will decrease most likely the damage, or the insurer has agreed, or the inspection has not immediately taken place, but however at the latest within three working days since receipt of the first notice of claim. The lessee has to relinquish the damaged parts to the lessor.

8. The lessee has to make compensations for damages to the lessor, which arise to the lessor because of a missing camera system or not completely returned camera system, or damages to the same, if the lessee cannot prove that he has given back the camera system completely or is not liable for the damage.

9. The place of performance for delivery and payment is Offenbach am Main. The place of jurisdiction, if the tenant is not consumer according to § 13 BGB, is Offenbach am Main. It is agreed that the Law of the Federal Republic of Germany is valid, under exclusion of references to foreign law and under exclusion of the international purchase right.

Last update: December 2006