General Terms and Conditions

• 1. Basis of Contract
  The contract between the parties is concluded exclusively on the basis of these General Terms and Conditions. Conflicting agreements require an individual written agreement. If an ongoing business relationship exists, these terms also apply to all future contracts.
• 2. Offers / Prices / Conclusion of Contract / Service Description

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

(2) Individually prepared offers remain valid for 30 days; other offers are non-binding.

(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 order processing 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 customary deviations that do not restrict the use for the contractually intended purpose, without the customer being able to derive any claims therefrom. In case of doubt, the content of these brochures and all descriptions, as well as statements by Laser Company in connection with this contract, do not constitute the assumption of a guarantee or the making of an assurance. In case of doubt, only explicit written declarations by Laser Company regarding the assumption of a guarantee are authoritative.

(5) In the case of contracts with fixed price commitments, Laser Company reserves the right to refuse performance if the customer’s solvency significantly deteriorates after the conclusion of the contract and the payment to be made is thereby jeopardized.

• 3. Delivery Times / Delay in Delivery / Impossibility / Shipping / Risk Bearing

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

(2) Delivery dates/periods are only binding if this has been fixed in writing.

(3) Laser Company is liable for delays in performance in cases of intent or gross negligence in accordance with statutory provisions. In other cases of delay 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 the expiry of any deadline set by Laser Company for performance. The foregoing limitation does not apply to liability for injury to life, body, or health.

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

(5) Delivery periods shall be extended appropriately if force majeure or other obstacles for which Laser Company is not responsible exist. After delivery delays of more than 3 months, the customer is entitled to withdraw from the contract and demand repayment of any down payment after setting a single, reasonable grace period.

(6) Laser Company is entitled to partial deliveries against separate invoicing/advance payments.

(7) If the dispatch of deliveries is delayed at the customer’s instigation by more than 2 weeks after the agreed delivery date or, if no exact delivery date was agreed, after Laser Company has notified readiness for dispatch, Laser Company may charge a flat-rate storage fee of 1% of the price of the delivery item for each month, up to a maximum of 10%. The customer is permitted to prove that Laser Company has incurred no damage or significantly lower damage. Laser Company is permitted to prove that higher damage has been incurred.

(8) Insofar as the dispatch of goods has been agreed, this is at the customer’s risk, including the risk of accidental loss.

(9) During the transport of the goods, they are insured by Laser Company up to an amount of EUR 50,000.00. If insurance exceeding this amount is required, the customer must arrange it or instruct Laser Company accordingly and bear the additional insurance costs.

• 4. Warranty and Liability

(1) Obvious defects must be reported in writing and specified no later than 1 week after delivery of the goods/work performance. Furthermore, the customer is obliged to notify Laser Company in writing of defects within 2 months after the time he discovered such a defect. The defects must be described as detailed as possible by the customer. This regulation does not constitute an exclusion period for the customer’s rights regarding defects.

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

(3) Insofar as the subject matter of the contract/service has defects exceeding paragraph 2, Laser Company is in no case obliged to redeliver or re-manufacture within the scope of supplementary 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 damages instead of performance in accordance with statutory provisions and these terms remains unaffected.

The limitation period for claims and rights due to defects – regardless of the legal reason – 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 claims are not related to a defect.

(4) Laser Company is liable in cases of intent or gross negligence in accordance with statutory provisions. Otherwise, it is only liable under the Product Liability Act for injury to life, body, or health, or for the culpable breach of essential contractual obligations, or insofar as it has fraudulently concealed the defect (in the case of fraud, the statutory limitation periods that would apply without the fraud apply) or has assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. Liability for damage caused by the delivery item to the customer’s legal assets is, however, completely excluded. The provisions of sentences 3 and 4 of this paragraph do not apply insofar as intent or gross negligence exists or liability exists for injury to life, body, or health, or insofar as the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item.

(5) The provision of the preceding paragraph 4 extends to damages in addition to performance and damages in lieu of performance, regardless of the legal basis, in particular due to defects, breach of duties arising from the contractual relationship, or tort. It also applies to claims for reimbursement of frustrated expenses. Liability for delay is determined in accordance with Section 4 Para. 3, liability for impossibility in accordance with Section 4 Para. 4.

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

• 5. Terms of Payment

(1) Payments must be made concurrently. Payments only upon invoicing can only be made if this is contractually agreed. The agreement of advance payment or a down payment is bindingly possible for Laser Company with the order confirmation. The customer is in default without further declarations from Laser Company 1 day after the due date, insofar as he has not paid. In the event of defects, the customer is not entitled to a right of retention, unless this is in reasonable proportion to the defects and the estimated costs of supplementary performance (in particular, defect rectification).

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

(3) The rejection of bills of exchange and checks remains reserved. Their acceptance is always for the purpose of performance.

(4) In case of default of payment, Laser Company is entitled to charge interest at a rate of 9 percentage points above the respective base interest rate of the Deutsche Bundesbank. This is without prejudice to further rights and claims for damages. Should payment not be made even within a set grace period, Laser Company has the following rights:

• Withdrawal from the contract and demand for return of any delivered or not yet accepted goods and assertion of processing costs amounting to 15% of the purchase price,
• Demand for advance payment or security for goods not yet accepted or yet to be delivered and/or,
• To withdraw from all (further) unfulfilled contracts after an unsuccessful grace period and to demand damages for non-performance, as well as
• To commission an external collection agency or a law firm.

In any case, the customer is permitted to prove that Laser Company has incurred no damage or significantly lower 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 entitled to make payment provisions regarding older liabilities of the customer. Any differing provisions of the customer are ineffective.

• 6. Retention of Title / Transfer of Ownership

(1) Until full payment of all claims arising from the respective contractual relationship and all other claims existing against the customer at the time of conclusion of the contract, Laser Company retains ownership of the goods.

(2) If the goods are seized, confiscated, or otherwise claimed by a third party at the customer’s premises, the customer must immediately notify the third party of the retention of title and immediately inform Laser Company of the claim.

(3) The customer may resell the goods delivered under retention of title in the ordinary course of business, also under retention of title. The customer hereby assigns to Laser Company as security all future claims arising from the resale of the goods delivered under retention of title, up to the respective invoice value, until full payment of all claims of Laser Company. Laser Company hereby accepts this assignment.

(4) In the event of breaches of duty by the customer, in particular in the event of default in payment, Laser Company is entitled – after the unsuccessful expiry of a reasonable period 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 period remain unaffected. The customer is obliged to return the goods. Laser Company’s demand for return does not constitute a declaration of withdrawal, unless expressly stated.

• 7. Place of Performance / Applicable Law

(1) The place of performance for payments is the registered office of Laser Company.

(2) The law of the Federal Republic of Germany applies.

• 8. Miscellaneous

(1) If one of the aforementioned General Terms and Conditions is invalid, the validity of the remaining terms and conditions shall not be affected. Instead of the invalid provision, a regulation shall be deemed agreed that comes closest to the invalid provision in legal and economic terms.

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

As of December 2021