These General Terms and Conditions of Sale and Rental (hereinafter “GTC”) govern all commercial relationships between the companies MPM Group, MPM Audiolight, and MPM Equipement, operating under the trade name “MPM” (hereinafter “MPM” or “the Service Provider”), and any business customer (hereinafter “the Customer”) in connection with the sale and/or rental of audio, video, and lighting equipment, as well as any related services.
In accordance with Article L.441-1 of the Commercial Code, these General Terms and Conditions of Sale constitute the sole basis for commercial negotiations and are provided to any professional buyer who requests them.
These Terms and Conditions apply exclusively to transactions between businesses. No sales or rentals are made to consumers as defined by the Consumer Code.
Article 1 – Purpose and Scope
The purpose of these Terms and Conditions is to define the terms under which MPM provides the following to its business customers:
- The sale of audio, video, and lighting equipment;
- Rental of audio, video, and lighting equipment;
- Related services (installation, operation, dismantling, technical consulting, event support, tours, etc.).
Any order placed with MPM implies the Customer’s unconditional acceptance of these Terms and Conditions of Sale. Any conflicting terms proposed by the Customer shall be unenforceable unless MPM expressly accepts them in writing.
Article 2 – Quote and Order
2.1. Preparing the Estimate
Each service is covered by a personalized quote prepared by MPM, specifying, in particular: the nature of the equipment and/or services, quantities, durations, unit prices, and the total price excluding and including tax; the terms of delivery or provision; and the quote’s validity period.
Unless otherwise specified, the quote is valid for thirty (30) days from the date of issuance.
2.2. Order Confirmation
The order is considered firm and final upon MPM’s receipt of the dated, signed quote bearing the notation “approved,” accompanied, if applicable, by the requested down payment.
Any modification to the order made by the Customer after acceptance must be set forth in a written amendment, subject to MPM’s prior approval, and may result in a revision of the price and/or delivery dates.
Article 3 – Terms and Conditions for the Sale of Equipment
3.1. Delivery
Unless otherwise agreed, the delivery times indicated are for informational purposes only. No reasonable delay in delivery shall entitle the Customer to damages or to the cancellation of the order.
3.2. Transfer of Risk
The transfer of risk for the goods sold occurs upon their delivery to the carrier or, in the case of pickup, upon their collection by the Customer from MPM’s premises. It is the Customer’s responsibility to inspect the goods upon receipt and to file any claims with the carrier in accordance with the terms provided by law.
3.3. Retention of Title
In accordance with the law of May 12, 1980, ownership of the goods sold will not be transferred to the Customer until full payment of the principal and ancillary charges has been made. Failure to pay by the due date may result in MPM reclaiming the goods.
Article 4 – Equipment Rental Terms and Conditions
4.1. Provision
The equipment is made available to the Customer on the agreed-upon date, either by pickup at MPM’s premises or by delivery at the Customer’s expense, in accordance with the terms set forth in the quote.
A joint inspection report for the equipment is prepared upon delivery and return. Unless a written objection is raised at the time of pickup, the equipment is deemed to have been delivered in perfect working order.
4.2. Rental Period
The rental period is specified in the quote. Any extension must be approved in writing by MPM in advance and will result in additional charges.
Any unauthorized late return will result in an additional charge calculated based on the current daily rate, without prejudice to MPM’s right to claim compensation for any damages incurred.
4.3. Use of Equipment
The Customer agrees to use the rented equipment:
- With due care, in accordance with its intended use and the technical instructions;
- By qualified personnel trained in its use;
- In compliance with applicable regulations (electrical standards, safety standards, etc.);
- Do not make any modifications, disassemble, or repair the product without MPM's written consent.
4.4. Storage and Preservation
Throughout the rental period, the Customer is the custodian of the equipment and is responsible for its safekeeping within the meaning of Articles 1927 et seq. of the Civil Code. The Customer is liable for any damage, theft, loss, deterioration, or disappearance—in whole or in part—of the equipment provided, regardless of the cause.
4.5. Security Deposit
For certain rentals, a security deposit may be required. The amount and terms of the deposit are specified in the quote. It will be refunded to the Customer after the equipment has been returned and a return inspection has been conducted, less any amounts due for damages found, if applicable.
4.6. Return of Equipment
At the end of the rental period, the Customer must return all equipment in good working order and clean, in its original packaging if applicable. Any equipment that is missing, damaged, or requires thorough cleaning will be billed to the Customer at the replacement cost of a new item or the cost of repairs.
Article 5 – Prices and Payment Terms
5.1. Price
Prices are listed in euros, excluding tax (HT). The VAT rate in effect on the date of invoicing applies in addition. The prices listed on the quote include the services expressly mentioned, to the exclusion of all others.
5.2. Payment Terms
Unless otherwise agreed, the following payment terms apply:
- A 30% deposit is required at the time of order for transactions exceeding €3,000 (excluding tax);
- Balance due upon receipt of invoice.
No discount is offered for early payment.
5.3. Late Payment Penalties and Lump-Sum Compensation
In accordance with Articles L.441-10 and D.441-5 of the Commercial Code:
- Any delay in payment shall automatically, without the need for formal notice, result in the application of late payment penalties equal to three times the applicable statutory interest rate, calculated on the amount due, including tax;
- A flat-rate collection fee of €40 shall be automatically due, without prejudice to MPM’s right to claim additional compensation, supported by documentation, when the collection costs actually incurred exceed this amount.
5.4. Failure to Pay
Failure to pay a single invoice by its due date will render all amounts owed by the Customer immediately due and payable, regardless of the payment method, without any formal notice or prior demand. MPM also reserves the right to suspend or cancel any pending order.
Article 6 – Warranties and Liability
6.1. Warranties on Sold Equipment
The equipment sold is covered by the manufacturer's warranty, subject to the terms and duration specified by each manufacturer. MPM provides the Customer with the warranty terms applicable to the equipment in question.
6.2. Limitation of Liability
MPM’s liability, for any and all causes, shall not exceed the amount (excluding tax) actually paid by the Customer for the order or service in question.
Under no circumstances shall MPM be held liable for any consequential damages suffered by the Customer, including, but not limited to, operating losses, loss of revenue, loss of customers, damage to reputation, or any other intangible loss resulting directly or indirectly from the supply of equipment or services.
6.3. Insurance
The Customer is required to purchase and maintain, at its own expense, an insurance policy covering all risks associated with the use, storage, and transport of the equipment rented or made available (theft, fire, water damage, breakage, liability, etc.). MPM may request proof of insurance prior to making the equipment available.
Article 7 – Order Cancellation
In the event that the Customer cancels the order after it has been accepted, and unless MPM expressly agrees in writing, the following compensation shall be due:
- Cancellation more than 30 days before the scheduled date of service: the deposit paid will be retained;
- Cancellation between 30 and 8 days before the scheduled date: 50% of the total amount (excluding tax) of the quote;
- Cancellation less than 8 days before the scheduled date: 100% of the total amount (excluding tax) of the quote.
Article 8 – Force Majeure
MPM shall not be held liable for the total or partial failure to perform its obligations resulting from a force majeure event as defined by Article 1218 of the Civil Code and French case law, including, but not limited to: natural disasters, war, terrorist attacks, general strikes, widespread power outages, government restrictions, and declared epidemics or pandemics.
MPM will notify the Customer of the occurrence of such an event as soon as possible. If the force majeure event continues for more than thirty (30) days, either party may terminate the contract without liability for damages.
Article 9 – Confidentiality
The parties agree to keep confidential all information exchanged in the course of their contractual relationship, including technical, commercial, financial, or strategic information, and not to disclose such information to any third party without the prior written consent of the other party.
This confidentiality agreement remains in effect for the entire term of the contract and for a period of five (5) years following the termination of the contractual relationship.
Article 10 – Personal Data
Personal data collected in connection with the contractual relationship is processed in accordance with our Privacy Policy, available on the mpmgroup.fr website, and in accordance with Regulation (EU) 2016/679 (GDPR).
Article 11 – Intellectual Property
All documents, studies, plans, technical specifications, photographs, and designs provided or produced by MPM in connection with the fulfillment of an order remain the exclusive intellectual property of MPM. The Customer shall not reproduce or disclose them to third parties without MPM’s prior written consent.
Article 12 – Governing Law and Jurisdiction
These Terms and Conditions are governed by French law.
In the absence of an amicable resolution, any dispute regarding their interpretation, performance, or termination shall fall under the exclusive jurisdiction of the Commercial Court of Metz, notwithstanding multiple defendants, third-party claims, or incidental claims.