General provisions
GEO-Laser GmbH shall be referred to as GEO in this document. All our deliveries and services shall be performed exclusively on the terms and conditions specified in this document, even in cases where we do not expressly object to differently worded terms and conditions of purchase. The ordering party confirms these terms and conditions through the placement of an order. Verbal arrangements are invalid. We recognize the correction of proven errors in quotations, confirmations of orders and invoices. Partial deliveries are permitted. Goods may not be returned for rebate purposes unless we have given our consent.

Our quotations are non-binding and subject to change without notice.

All prices are ex-works Mülheim and exclusive of packing and freight charges. Any net value of merchandise up to EUR 140.00 shall be subject to a minimum volume surcharge of EUR 7.00. Unless otherwise agreed, our prices shall be applicable as listed at the relevant time of delivery. Prices are subject to the relevant rate of value added tax, payable in addition to the quoted price.
Export: Prices are ex-works Mülheim. Minimum order value is EUR 150.00. Expenses for transport, banking and customs and – where required – for documents are charged separately.

Confirmations of orders
Once placed, an order only becomes legally effective when it has been confirmed by us in writing. In the event of deliveries at short notice, the invoice shall function as a confirmation of the order.

Delivery periods
GEO will endeavour to observe any periods of delivery to which it has committed itself. Should delays occur despite our endeavours, then the ordering party may set an adequate extension and shall not be permitted to cancel the order until after that deadline. The ordering party shall only be entitled to further-reaching claims if we have acted with intent or with gross negligence. Delivery periods shall be suitably extended – even under a delay in delivery – in case of unforeseen events. Circumstances that prevent delivery and the removal of which is not within our control, such as energy shortages, material shortfalls, industrial action, lock-outs, operating trouble, obstructions of traffic and force majeure shall entitle us to cancel the agreement without giving rise to damage claims.

Unless otherwise agreed, GEO shall select the packaging, the type of transport and the shipping route. Transport insurance shall only be concluded at the ordering party’s request. The cost of such insurance or of any special shipping requests shall be borne by the ordering party. All goods are shipped at the ordering party’s risk. GEO accepts no liability for damage or loss during transport.

The warranty period shall start on the date of delivery. It shall be 12 months for GEO machinery. Trading goods are subject to the relevant manufacturer’s warranty periods.

In the event of apparent defects complaints shall be asserted immediately, in writing and no later than within 14 days of the arrival of the goods. Justified claims for defects shall be met by us, at our discretion, either through the repair or through replacement of the delivered goods. The ordering party may only demand reduction of the purchase price or cancellation of the contract if repair or replacement has failed. No further claims for defects may be asserted. Neither do we recognize any consequential loss caused by defects.

Terms of payment
Repairs and rental charges shall become payable immediately upon receipt of the relevant invoice. All other invoices shall be payable less 2% discount if paid within 14 days and without deductions no later than 30 days upon the date of the invoice. Payments shall not be considered completed until GEO has gained unrestricted right of disposal in respect of the amounts. Bills of exchange shall only be accepted as payment in exceptional cases. The acceptance of cheques and bills of exchange is subject to the option of on-time redemption and crediting. All costs and expenses of the submission of cheques / bills of exchange and of discounting shall be borne by the customer. Prepayments may become necessary under special circumstances, such as items made to order or payment arrears. Such prepayments are non-interest bearing. All business with customers outside Germany shall be subject to advance payment.

Payment arrears
In the event of payment arrears, all invoices shall become payable immediately. At the same time, GEO shall have the right to make further deliveries only against advance payment or against the provision of suitable securities. If this is not provided within an adequately extended period, then GEO may cancel the agreement. This shall not affect our rights in any way whatsoever. Offsetting: The ordering party may only offset claims that are undisputed or legally valid.

Reservation of ownership
Delivered goods shall remain the property of GEO until all claims from goods deliveries – including past and future – as well as all additional claims have been settled. The purchaser has the right of disposal in respect of goods owned by GEO within the framework of his proper, ordinary business transactions. However, he shall not mortgage or pledge the goods or transfer ownership of the same by way of security. He shall notify us immediately in the event of third-party seizure. If the purchaser sells the goods to a third party, then his claims towards the subsequent purchaser or to another third party replacing the purchaser shall pass to ourselves without the need for a special declaration of assignment.

Duty to cooperate
The customer undertakes to check goods before commencement of operations. He shall ensure compliance with the specifications detailed in the operating instructions. The customer further undertakes to observe the pertinent legal provisions and safety regulations. The customer shall not remove or replace the laser warning notes attached to machines.

Data storage
GEO is entitled to use an information processing system for all business activities and to edit and save data required for this purpose in compliance with the German Data Protection Act (”Bundesdatenschutzgesetz”). Machines for testing, loan and rental purposes The ordering party shall have unlimited liability in the event of damage or loss of such machinery.

Machines intended for repair shall be delivered free of charge to our ad-dress. If requested, we shall provide a cost estimate prior to repairs. Un-less otherwise specified, all parts that have been replaced shall automatically become the property of GEO.

If GEO produces an item according to drawings or other details provided by the ordering party, then the latter shall be liable for the observance of copyrights. We reserve unlimited ownership and the right of exploitation under copyright in respect of all quotations, drawings and other documents which may not be made available to third parties without our consent. GEO reserves all industrial property rights and copyrights on goods and on software. Software shall not be duplicated, with the exception of a backup copy. The customer’s rights of use shall expire as soon as he has passed on the software to a third party. No permission is given for changes to products with the purpose of concealing the manufacturer or removing the trademark and possibly replacing the latter with a third-party trademark.

Applicable law
Applicable law for these Terms and Conditions, including for export, shall be exclusively German law and the application of international purchase law shall be excluded.

Place of jurisdiction and performance
The place of jurisdiction and performance shall be Mülheim an der Ruhr for all claims arising from commercial relations. However, GEO may also involve other courts of law.

Should certain provisions of these Terms and Conditions be invalid or in-applicable, then this shall not affect the applicability of the remaining provisions. Inapplicable terms shall be replaced in a manner reflecting their purpose or they shall be completely removed.

Mülheim an der Ruhr, Januar 2016

GEO-Laser GmbH
Solinger Strasse 8
45481 Muelheim an der Ruhr, Germany