General Terms
(for use in business transactions with entrepreneurs)

• 1. Basis of contract

• The contract between the parties is concluded exclusively on the basis of these General Terms and Conditions. Any conflicting agreements require an individual written agreement. If an ongoing business relationship exists, these conditions also apply to all future contracts.

• 2. Offers/ Prices/ Contract Conclusion/ Service Description

(1) All prices quoted are subject to change and non-binding. The price quoted on the day of delivery applies, plus delivery and shipping costs if applicable.

(2) Individually prepared offers remain valid for 30 days, other offers are subject to change.

(3) A contract is concluded by timely acceptance of a written offer from laser company or with its written order confirmation, or at the latest with the start of processing the order or by delivery of the goods.

(4) With regard to the illustrations, drawings and descriptions contained in brochures, laser company reserves the right to make commercially acceptable deviations, which do not restrict the use for the contractual purpose, without the customer being able to derive any claims from this. In case of doubt, the contents of these brochures and all descriptions and statements by laser company in connection with this contract do not constitute the assumption of a guarantee or the provision of a warranty. In case of doubt, only  written statements by laser company regarding the assumption of a guarantee are authoritative.

(5) In the case of contracts with a fixed price, laser company has the right to refuse performance if the customer's ability to pay deteriorates significantly after the contract has been concluded and the payment to be made is thereby jeopardized.

• 3. Delivery times/delayed delivery/impossibility/shipping/bearing of risk

(1) Deliveries are made at the customer’s expense.

(2) Delivery dates/delivery periods are only binding if they have been fixed in writing.

(3) In the event of delays in performance due to intent or gross negligence, laser company is liable in accordance with the statutory provisions. In other cases of delays in performance, laser company's liability for damages in addition to performance is limited to 5% and for damages instead of performance to 10% of the value of the delivery. Further claims by the customer are excluded - even after expiry of a deadline set by laser company for performance. The above limitation does not apply to liability due to injury to life, body or health.

(4) If the service is impossible, the customer is entitled to claim damages in accordance with the statutory provisions. However, the customer's claim for damages in addition to or instead of the service and for reimbursement of wasted expenditure is limited to 10% of the value of that part of the service that cannot be used due to the impossibility. Further claims by the customer due to the impossibility of the service are excluded. This limitation does not apply in cases of intent, gross negligence or due to injury to life, body or health. The customer's right to withdraw from the contract remains unaffected.

(5) Delivery times will be extended appropriately if there are force majeure or other obstacles for which laser company is not responsible. After delivery delays of more than 3 months, the customer is entitled to withdraw from the contract and reclaim any advance payment after granting a one-time, reasonable grace period.

(6) laser company is entitled to make partial deliveries against separate invoicing/down payment.

(7) If the shipment of the goods is delayed at the customer's request for more than 2 weeks after the agreed delivery date or, if no precise delivery date was agreed, after Laser Company has notified them that the goods are ready for shipment, Laser Company may charge storage fees of 1% of the price of the goods for each month, up to a maximum of 10%. The customer is permitted to provide evidence that Laser Company has suffered no damage or significantly less damage. Laser Company is permitted to provide evidence that greater damage has occurred.

(8) If shipment of the goods has been agreed, this shall be at the customer’s risk, including in the event of accidental loss. 

(9) During transport, the goods are insured by laser company up to an amount of EUR 50,000.00. If additional insurance is required, this must be arranged by the customer or the customer must instruct laser company accordingly and bear the additional costs of the insurance.

• 4. Warranty and Liability

(1) Obvious defects must be reported in writing and in detail no later than 1 week after delivery of the goods/work. The customer is also obliged to report defects to laser company in writing within 2 months of the time at which he discovered such a defect. The defects must be described in as much detail as the customer can. This regulation does not constitute an exclusion period for the customer's rights in relation to defects.

(2) Claims for defects do not exist in the case of only insignificant deviations from the agreed quality or in the case of only insignificant impairment of usability.

(3) If the subject matter of the contract/service has defects that go beyond paragraph 2, laser company is under no circumstances obliged to deliver or produce a new product as part of the subsequent performance. Rather, after two failed attempts at rectification, the customer has the right to reduce the price or, at his discretion, to withdraw from the contract. The customer's right to demand compensation instead of performance in accordance with the statutory provisions and these terms and conditions remains unaffected.

The limitation period for claims and rights due to defects - regardless of the legal basis - is one year. This limitation period of one year also applies to other claims for damages against laser company, regardless of their legal basis, even if the claims are not related to a defect.

(4) laser company is liable in cases of intent or gross negligence in accordance with the statutory provisions. Otherwise, it is only liable under the Product Liability Act for injury to life, body or health, or for the culpable violation of essential contractual obligations, or if it fraudulently concealed the defect (in the case of fraudulent intent, the statutory limitation periods that would apply without the fraudulent intent apply) or if it has provided a guarantee for the quality of the delivery item. The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract. Liability for damage to the customer's legal interests caused by the delivery item is, however, completely excluded. The provisions of sentences 3 and 4 of this paragraph do not apply if there is intent or gross negligence or if liability is incurred for injury to life, body or health, or if the seller fraudulently concealed the defect or provided a guarantee for the quality of the delivery item.

(5) The regulation in the above paragraph 4 extends to compensation in addition to performance and compensation instead of performance, regardless of the legal basis, in particular due to defects, the violation of obligations arising from the contractual relationship or from tort. It also applies to the claim for reimbursement of wasted expenditure. Liability for delay is determined in accordance with section 4 paragraph 3, liability for impossibility in accordance with section 4 paragraph 4.

(6) The limitation period for all claims begins with the delivery and, for work, with its acceptance.

• 5. Terms of Payment

(1) Unless a different payment term has been agreed, our invoices are payable without deduction within 30 days of the invoice date. The agreement of advance payment or a down payment is binding for laser company with order confirmation. The customer shall be in default of payment 30 days after the invoice date without any further declaration by laser company if he has not paid. In the event of the existence of defects, the customer has no right of retention.

(2) If claims have been assigned to TecFactor GmbH, only payments to a TecFactor account shall have a debt-discharging effect.

(3) Bills of exchange and checks are not accepted as means of payment.

(4) In the event of late payment, laser company is entitled to charge a lump sum for late payment in the amount of €40.00. This is without prejudice to further rights and claims for damages. If payment is not made within a set grace period, laser company is entitled to the following rights:

• Withdrawal from the contract and request for the return of any goods delivered or not yet accepted and assertion of processing costs amounting to 15% of the purchase price,
• advance payment or security requests for goods not yet accepted or yet to be delivered and/or,
• to withdraw from all (further) contracts that have not been completed after a fruitless grace period and to demand compensation for non-performance, and
• to commission an external debt collection agency or a law firm.

In any case, the customer is permitted to prove that laser company has incurred no damage or significantly less damage. laser company, in turn, is permitted to prove that higher damage has been incurred. This is without prejudice to further rights and claims for damages.

(5) Only laser company is authorized to make payment arrangements with regard to older liabilities of the customer. Any provisions of the customer to the contrary are invalid.

• 6. Retention of title/transfer of title

(1) laser company retains title to the goods until full payment of all claims resulting from the respective contractual relationship and all other claims against the customer existing at the time of conclusion of the contract.

(2) If the goods are seized, confiscated or otherwise claimed from the customer by a third party, the customer must immediately inform the third party of the retention of title and immediately inform laser company of the claim.

(3) The customer may resell the goods delivered subject to retention of title in the ordinary course of business subject to retention of title. The customer hereby assigns to laser company as security any future claims arising from the resale of the goods delivered subject to retention of title in the respective invoice value until all claims have been paid in full. laser company hereby accepts this assignment.

(4) In the event of breaches of duty by the customer, in particular default in payment, laser company is entitled - following the unsuccessful expiry of a reasonable deadline set for the buyer to perform - to withdraw from the contract and to demand the return of the delivery item; the statutory cases of dispensability of the deadline remain unaffected. The customer is obliged to surrender the goods. The demand for surrender by laser company does not constitute a declaration of withdrawal unless this is expressly declared.

• 7. Place of performance/applicable law

(1) The place of performance for payments is the registered office of laser company GmbH.

(2) The law of the Federal Republic of Germany shall apply.

• 8. Miscellaneous

(1) If one of the aforementioned General Terms and Conditions is invalid, this shall not affect the validity of the remaining terms and conditions. In place of the invalid provision, the provision that comes closest to the invalid provision in legal and economic terms shall be deemed to have been agreed.

(2) Customer data relating to business transactions with the customer shall be stored in accordance with the Federal Data Protection Act.

Status January 2020