General Terms & Conditions
of OPTO4L GmbH, Auf dem Hostert 12, 54614 Schönecken, Germany
1. General provisions
All our sales, deliveries and other services to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special trusts under public law shall be based exclusively on the General Terms & Conditions set out below. By placing the order or accepting the delivery item, the contracting party acknowledges these General Terms & Conditions. Any diverging agreements, in particular oral agreements, either made personally or by telephone, have to be confirmed in writing by us to become legally effective. Conflicting, divergent or supplementary General Terms & Conditions of the contracting party shall not become part of the contract, even if we do not object to them explicitly.
2. Place of performance and jurisdiction
For contracts with merchants, legal entities under public law and special funds under public law the place of jurisdiction for all disputes arising from or in connection with the contract – including actions on bills of exchange and checks – shall be Schönecken. Place of performance for the reciprocal services of the contracting parties shall also be Schönecken.
3. Product descriptions, offers
The descriptions of our products given on our website or in other informative literature do not constitute any guarantees as to a specific quality of the product to be supplied. Any guarantees must be expressly agreed in writing. Unless otherwise agreed, samples will only be provided against payment. Our offers and quotations are made without obligation. Orders are only deemed to have been accepted by us when we have confirmed them in writing.
4. Prices and Terms and Conditions of Payment
The prices stated in the written order confirmation shall be applicable. Unless otherwise agreed, these prices are deemed to be ex works excluding packaging and excluding the applicable statutory VAT. Any other costs such as customs duties, official fees, insurance costs shall be borne by the customer. Our invoices are payable in full within 14 days from the date of issue. The customer is only entitled to offset against claims arising from our invoices or to exercise a right of retention when its counterclaims have been legally established or acknowledged by us in writing. If due to circumstances subsequently occurring or becoming known, we have reason to believe that the financial circumstances of the customer have deteriorated or threaten to deteriorate, we may demand advance payment or provision of a security in an adequate amount and within a reasonable time.
All delivery dates are subject to express written confirmation. In the event of force majeure or other unpredictable or exceptional circumstances and of circumstances beyond our control, e.g. disruptions of business, strikes and lockouts, disruptions or significant disturbances of traffic routes, we shall be released from the delivery obligation for the duration of these circumstances without the customer being entitled to assert claims against us as a result hereof. Transport shall be at the risk of the customer. We assume no responsibility for transport impediments of any kind. Any insurance against transport damage shall be taken out exclusively at the express request and at the expense of the customer.
6. Reservation of title
The delivered goods shall remain our property until payment of all claims under the business relationship with the customer has been effected. As a security for the purchasing price, the purchaser hereby assigns to us all claims arising from the possible resale of the goods supplied by us under reservation of title together with all security rights up to the value of our purchasing price claim.
7. Notification of defect, warranty
Deficiencies on delivered goods shall be reported in writing within one week from the receipt of the goods by the buyer. We do not accept liability for damage caused by improper use or handling. If the delivered goods prove to be faulty we shall be entitled, at our option, to take remedial action by way of subsequent performance by rectification of the defects or subsequent delivery. Only in the event that subsequent performance has failed, was refused by us or is unreasonable for us, the customer may at his own discretion and in accordance with statutory provisions declare his withdrawal from the contract or demand a reduction in the purchase price. The limitation period for material defects is 2 years in case of willful intent or gross negligence, otherwise 1 year. The above limitations of liability shall not apply to damages resulting from injuries to life, body or health as well as from acceptance of a guarantee or liability under the German Product Liability Act.
8. Final provisions
The above General Terms & Conditions and the contractual relationship of the contracting parties shall be governed by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Should individual provisions of these Conditions become completely or partially ineffective or void, this shall not affect the validity of the remaining provisions.