General Terms and Conditions
of MK Food Truck Catering GmbH
As of October 2nd, 2023
- Scope
All deliveries and services of MK Food Truck Catering GmbH (hereinafter also referred to as: “MK”) are subject to the following General Terms and Conditions, unless otherwise agreed in individual contracts. Deviating terms and conditions of the customer do not become part of the contract (even through our acceptance of the order).
- Offer and Conclusion of Contract
Our offers are subject to change. Unless otherwise agreed in individual contracts, we are bound by our offer for a period of 5 days from the date of the offer. Statements and offers as well as assurances from our employees only become binding upon our written confirmation. In the absence of a special agreement, a contract between us and the customer only comes into effect with our written or electronic / digital order confirmation, but at the latest with the start of the execution of the service by us. Amendments and supplements to the contract must be in writing; the same applies to the cancellation of this written form requirement.
- Delivery and Delivery Delays
3.1 Delivery is made to the delivery address specified by the customer on the agreed delivery date, taking into account legal, official and other applicable regulations.
3.2 MK is only liable for delivery delays in cases of intent and gross negligence, and in particular not in cases of force majeure.
- Special Features at the Delivery Location and Power Requirements
4.1 The customer must inform MK of any special features regarding the delivery location (for example, construction sites, long distances, stairs over several floors, entrances that are too narrow or too low (narrower than 2.70m or lower than 4.0m), gradients of 5% or more, non-functioning elevators, etc.) at the latest when placing the order. This applies in particular to the necessary prerequisites for setting up and operating the ordered trucks. The delivery location must be accessible to MK employees 48 hours before and after the event in order to set up and pick up the vehicles. The delivery location must be accessible for vehicles with a height of 4.0m. The dimensions of the trucks can be found at www.beefbusters.de.
4.2 The customer must ensure that our trucks can each be connected to a fused CEE high-voltage power line with an intact neutral conductor at a maximum distance of 25 meters from the installation site. The power supply to the trucks must be available for 48 hours before and after the event and must not be disconnected by the customer on their own authority. For the US trucks (“Step Van”), such a line with CEE 380V/16A 10.5KW is required, for our US school buses two such lines with CEE 380V/32A 21KW, for our “Diner on Wheels” double-decker bus a line with CEE 380V/32A 21KW and for the dispensing vehicle a line with CEE 380V/16A 10.5KW as well as a supply and waste water line with GK coupling. The customer must provide MK employees with a toilet and a drinking water connection. If the customer cannot ensure this, and the truck/bus/trailer cannot be operated or can only be operated later for this reason, the customer cannot derive any rights from this. The customer is liable to MK for damages resulting from failure to comply with these requirements.
4.3 The customer must ensure that the delivery location does not take place on sensitive surfaces. Otherwise, the customer must provide sufficient documents (tarpaulins, cardboard, etc.). Despite great care, our vehicles can always lose engine fluids or cooking fats.
4.4 If the customer fails to comply with the aforementioned requirements, MK is entitled to adjust the owed service appropriately. If this is not possible without endangering the purpose of the contract or only with disproportionate effort, MK is entitled to refuse the owed service without the remuneration claim being waived. However, MK must have any expenses saved and any profit actually generated elsewhere credited, as well as any profit that MK culpably fails to generate.
- Insurance and Loaned Goods; Transfer of Risk
5.1 The delivery of food and beverages may take place with the help of materials and equipment loaned by MK (for example, glasses, dishes, etc., hereinafter “loaned goods”).
5.2 The customer is responsible for ensuring that the loaned goods brought into the event by MK are insured against possible hazards. At the request of MK, the customer must provide proof of the conclusion of sufficient insurance.
5.3 From the handover of the items delivered for the fulfillment of the contract (in particular trucks and loaned goods) to the customer until the return by MK, the customer bears the risk for deterioration or loss. The return of these items by MK is subject to reservation. The exact breakage and missing quantities of loaned goods are determined by MK immediately after the cleaning process. MK charges the customer for such breakage and missing quantities at the replacement value. The customer reserves the right to prove that the damage calculated in this way did not occur or was not as high.
- Invoices and Payment
6.1 Unless otherwise agreed, 50% of the invoice amount is due and payable within 14 days of commissioning, the remaining 50% no later than 14 days after the end of the event. In the event of late receipt of the deposit, MK reserves the right to cancel the order and charge cancellation fees amounting to 30% of the total price. The customer is entitled to prove that damage of this amount has not occurred at all or is significantly lower.
6.2 In the event of default in payment of due amounts, the respective statutory default interest will be charged.
6.3 We charge travel expenses, expenses, as well as services of third parties (in particular expenses and outlays) according to expenditure.
6.4 GEMA and other fees, costs for energy, water, waste water or for regulatory or (fire) police measures etc. are borne by the customer.
- Withdrawal/Cancellation/Force Majeure
7.1 If the event is unforeseeably made considerably more difficult, endangered, impaired or impossible due to exceptional circumstances for which neither party is responsible, in particular as a result of force majeure, both parties are entitled to withdraw from the contract without observing a period of notice. MK reserves the right to assert already incurred costs of third parties, in particular of external services booked with third parties (hotels, premises, etc.) and to assert further claims for damages. Bad or unsuitable weather at open-air events does not constitute an exceptional circumstance. The customer bears the risk for this. A cancellation by the customer due to unsuitable / bad weather does not invalidate MK’s claims. Circumstances that are already known in principle at the time the contract is concluded and whose risks only materialize after the contract is concluded (e.g. already existing pandemics, etc.) are also not considered exceptional in the aforementioned sense.
7.2 In the event that the customer cancels the contract without the existence of exceptional circumstances, the following applies:
7.2.1 If the customer cancels up to 8 weeks before the planned start of the event, MK is entitled to demand a cancellation fee of 30%.
7.2.2 If the customer cancels after the aforementioned period, MK retains its claim to the agreed consideration. This does not apply if the cancellation/withdrawal etc. of the customer is based on reasons for which MK is responsible. In both of the aforementioned cases (7.2.1 and 7.2.2), the customer remains entitled to prove that damage of this amount has not occurred at all or is significantly lower than that cancellation fee.
7.2.3. In all of the aforementioned cases, MK remains entitled to assert already incurred costs for services of third parties.
7.2.4 In all cases mentioned in this section 7.2, MK must, however, have credited to it what MK saves in expenses, or acquires or maliciously fails to acquire through other use of its labor.
- Delivery and Warranty
MK ensures that the goods to be delivered are transported to the customer carefully and in accordance with any applicable regulations. If the customer is not a consumer, MK can, at its own discretion, either repair or deliver free replacement in the event of proven defects. Minor changes in performance that do not endanger the purpose of the contract do not entitle the customer to assert any reduction or other claims. If it is not possible for MK to provide the truck ordered by the customer due to a defect in the booked truck or due to a comparable malfunction, MK is entitled to provide a replacement truck if and to the extent that this is reasonable for the customer taking into account his interests. The customer cannot derive any claims from this circumstance.
- Liability
9.1 MK is only liable for damage that has not occurred to the delivery item itself – for whatever legal reason –
- a) in the event of intent,
- b) in the event of gross negligence on the part of its own organs or executive employees,
- c) in the event of culpable injury to life, body, health,
- d) in the event of defects that MK has fraudulently concealed or whose absence MK has guaranteed.
9.2 In the event of culpable breach of essential contractual obligations, MK is also liable in the event of gross negligence on the part of non-executive employees and in the event of slight negligence, in the latter case limited to the contractually typical damage that was reasonably foreseeable at the time the contract was concluded. Essential contractual obligations are – unless otherwise agreed in individual contracts – those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may rely.
9.3 Further claims are excluded.
- Place of Performance/Jurisdiction/Applicable Law
10.1 The place of performance for the services of MK and the place of jurisdiction for all disputes arising from or in connection with the contract is 40789 Monheim am Rhein, provided that the customer is not a consumer. MK can also sue the customer at the place of jurisdiction responsible for him.
10.2 This contract and the legal relationships arising from it are exclusively subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.