1.1 As far as nothing else was arranged, our shipments take place based on the following conditions. Eventual purchase conditions by the buyer are herewith void. Our conditions are considered accepted at the latest when the merchandise is received. Deviations will require, in order to be valid, our express written consent and/or confirmation.
1.2 Our offers with regard to price, quantity, delivery date and arrangements (warranty) are subject to a written confirmation. The contract of purchase takes place with the valid rates as per delivery date.
1.3 A written confirmation (only) is indicating our order acceptance.
1.4 Cancellation of contracts for goods made to custom specifications is not possible.
1.5 Orders placed within 14 days are cancellable in full at the discretion of Opto. Orders cancelled after this time are subject to a 30% restocking charge.
2. Delivery Time
2.1 The validity of the delivery date is approximate, we do our best to respect the deadlines.
2.2 We are not liable for delivery delays unless mistakes from our part can be proven.
2.3 “On call” orders are dependent on feasibility and the manufactures capacity to make them.
3.1 Shipment starts from our warehouse in Munich-Graefelfing, Germany. Transportation costs and risks are the customers. Even in case where special delivery conditions were arranged.
3.2 All deliveries are, unless the customer instructs us otherwise, covered in the usual manner by insurances.
4. Ownership rights
4.1 We keep ownership rights on all our delivered merchandise until the client fulfils all demands i.e. payment from our business contact. Confiscation of the merchandise or use as a bargaining chip is not admissible.
4.2 In case the merchandise is already re-sold and passed on the another buyer before full payment of our invoice is made, the purchaser makes assignments of this receivable to Opto amounting to the total of our invoice and will hand out the balance due immediately after receiving his price of sale.
5. Protection rights
5.1 On assembly, constructions, drawings and other documents, we retain ownership and intellectual propriety rights. Any other use of the material without any prior consent from Opto GmbH/UK Ltd is prohibited and liable for damages.
5.2 For examination of rights and uses on our delivered drawings and samples the customer alone responsible.
6. Guarantee, damage claims
6.1 On the description of the merchandise, explanations over the function as hints on service instructions, there is no guarantee or assurance of particularity not joined.
6.2 Guarantees for defective or faulty merchandise are limited to our suggestions for amelioration or substitute delivery.
6.3 Merchandise sent to you should be checked immediately after receipt. For defects, hidden or not, not claimed within the next 4 weeks in writing, the guarantee is void.
6.4 Basically valid is the implied warranty if there is no other agreement made.
7.1 All prices mentioned in offers and pricelists can be changed without any notice. Prices calculated from the delivery date stay valid.
7.2 Current prices are valid from our Munich (Graefelfing) warehouse, except packaging and shipment costs. These prices are without the sales taxes; these taxes are posted separately on the invoice.
8. Settlement and Payment
8.1 In order to send abroad merchandise pre-payment is required. After full settlement of the account, including the costs for shipment and packaging, merchandise will be shipped by return of post.
8.2 Payment by note and personal cheques are not accepted.
8.3 Invoices for repairs and maintenance have to be paid immediately upon receipt.
8.4 Our invoices are to be paid in full in the currency stated. All incidental charges, i.e. taxes, customs duties, costs of currency exchange, bank charges and other not mentioned fees are on buyer’s account.
8.5 Invoices are to be paid in full. If any other payment conditions were arranged an actual bank guarantee must be forwarded.
9. Place of execution and jurisdiction
9.1 Place of execution and the place of jurisdiction is Munich, Germany