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§1 Common conditions
The common consignment conditions of dotlight Küppers und Lanzrath GbR (herein after referred dotlight GbR) which are given below are arranged as part of our Internet offer or rather owing to the offer closed contracts as well as part of all following delivery contracts.
We explicit dissent opposed conditions of the customer, even if the opposed conditions are transfered with a confirmation letter or otherwise. If the conditions do not contain appointments the law is to be used. The application of the Universal Law of Purchase, including the UN Law on Purchase, shall be excluded.
§2 Offer and confirmation of order
Our offers are open offers. A contract conclusion will be done only on confirmation of order or rather on goods' consignment.
Illustrations and declarations in catalogues, prospectus, Internet-presentations and other advertisement material, descriptions, illustrations, drawings, samples, quality-, composition-, effort-, consumption- and usability-declarations as well as dimensions and weights of contract goods are open and only approximate unless they are binding referred. Modifications are reserved in case thereby the contract's subject gets unreasonable changes. Marginal changes from the owed effort are allowed if they are according to custom and usage.
§3 Prices
All prices are net prices if they are not explicit labelled as gross prices and they are quoted in Euros. Taxes or rather customs duties to pay by customers have to be added in the level valid in each case. The arranged prices result from the order's confirmation of dotlight GbR. All prices are quoted ex stock, except consignment and packing. Consignment and packing within any insurance charges are separate calculated and declared.The risk of damage and loss on return consignment in result of faulty package rests with the contractual partner.
§4 Payment practice
All payment is to be done by advance payment (bank transfer) or pay on delivery. Consignment on commission or cheque and in return for acceptance of bills is excluded. A discount is only given on appointment. Incidental debit entry charges and bank charges caused by unauthorised objection entering, absence of consideration or misrepresentation of bank data or account data rests with the customer. In case of misuse all legal measures are reserved.
The charging with denialed and not executed counter claim is excluded. A payment holdback by customers because of counter claims resulting on other contracts is excluded.
If execution measure, bankruptcy or composition proceeding is instituted on the contractual partner or if he stop his payment, then all payment appointments are lapsed. In this case dotlight GbR is allowed to avoid contracts. If extension for payment is appointed the dotlight GbR is entitled to cancel. Dotlight GbR can assert compliance and in case of non-compliance compensation can be asserted.
If dotlight GbR is entitled to cancel a valid contract and dotlight GbR asserts the right then compliance can be asserted. In case of this the asserted compliance amounts to 20% of purchase price.
The compliance is to be accounted higher or less if dotlight GbR proves a higher damage or the customers proves a less damage.
§5 Assignment prohibition
The customer rights in case of business transacted with us are non-negotiable.
§6 Consignment and despatch
The consignment by dotlight GbR is accepted under reserve of being supplied right and in due time by our job shops and that we are not responsible for non-availiability. Compensation is excepted if there is no gross negligence and no intention. In case of goods\' non-availibility the customer will be informed immediately.
Product changes, particularly in case of modification to the technological progress, small detail changes and so on are explicit reserved.
In case of delay in delivery which is not in responsibility of dotlight GbR, particularly in result of force majeure, mandatory interference, natural phenomenon, war, riots, strike in the own company as well as strike in job shops or carrier companies dotlight GbR is entitled to make up for consignment after lapse of obstacle. Both parties may cancel the contract if one of the afore mentioned occurences causes delay in delivery of more than 4 weeks upon the appointed term. If consignment in cause of such circumstances is impossible, the parties are not in obligation to effort.
§7 Retention of title
The goods are in property of dotlight GbR until the payment is complete.
§8 Liability
If these conditions do not regulate anything else, all buyer's claims, particularly all types of compensation claims, are excluded except for compensation claims caused on intention or gross negligence by our company leadership and/or our auxiliary persons.
The advice about application technology by our staff members, instructions for use and any similar informations are given in all conscience, but they are without obligation and they do not establish any contracted legal relationship, even no other duties from the contract of sale.
§9 Data protection
The customer agrees that incoming personal data in the range of the business connection are saved and automatically processed in our electronic data processing to fulfill the transaction. The customer has got the right to ask the supplier free of charge about all saved data relating to customer\'s person or pseudonym.
The customer idemnify us from all claims of third parties relating to the data left to us.
$10 Warranty
In case of defects on delivered goods maximal two rectifications of defects will be done at option of dotlight GbR. A replacement for defected goods is left in the discretion of dotlight GbR.
On failure of defects' rectifications or replacement the contractual partner may leave the contract (redhibitory action) or he may demand an adequate markdown (decrease). For actual use of goods dotlight GbR can demand an adequate royalty.
Evident defects on goods delivered by dotlight GbR must be notified to us by the customer in written form within in a time of two weeks upon the receipt. To comply with the term the notification must be posted in between the term.
Not evident defects on goods delivered by dotlight GbR must be notified to us by the customer in written form without delay, latest at the time of six months after delivery.
If the customer is a merchant, he is in obligation to reprove a non-evident defect after detection. At least the valid liability of verification and reproval for merchants related to §§ 377,378 HGB are not challenged.
The warranty explicit does not include late reproved defects and rectifications of defects which are traced back to the fact of non-appropiate behaviour attributable to the contractual partner.
On replacement of components/devices in the range of rectifications of defects or replacement delivery dotlight GbR acquires the ownership of the replaced components/devices.
The customer is not allowed to send goods non-prepaid to dotlight GbR. Post charges have to be paid by the customer first. If the notification of defects is in right the customer will get back the charges of the most favourable route of transport.
In principle excluded from all warranty are goods from the categories .remainder of stock and special offers., .individual items. and .second hand articles..
§11 Right of restitution
In result of the law of sales from afar for the customer a right of restitution does exist for a time of fourteen days. The goods must be sent back in their undamaged original package and they must not be damaged or show traces of usage. Excluded from the right of restitution are consumable articles. If returned goods are damaged or used dotlight GbR is authorised to demand compensation.
§12 Safety instructions
With his order of ultra-light LED (light emitting diode) the customer declares that he read the safety instructions relating to laser classification and that he will keep those conditions. There is no liability by dotlight GbR for any damages in cause of non-appropiate usage. The obligation for executive care completely is on customer's side.
§ 13 Place of execution and place of jurisdiction
The place of performance and, as far as legally permissible, the sole place of jurisdiction for all disputes directly or indirectly form the contract, shall be Jülich. The German Las applies to the contract. German law is valid.
In the event of one clause of present terms being or becoming void, this shall not affect the validity of all other provisions or agreements.
I case of any conflict between the German and English text interpretation of the German language text prevails.
Version: EN1.1 - 15.10.2008
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