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General Terms of Sale of Sacher Lasertechnik GmbH
§ 1 Scope
(1) These Terms of Sale do exclusively apply to entrepreneurs, legal persons under public
law, or special funds under public law in terms of § 310, sub.-par. 1 BGB / German Civil
Code. Conditions of the Orderer adverse to or diverging from our Terms of Sales shall not
be accepted by us but with our express written consent to their validity.
(2) These Terms of Trade shall also apply to all future transactions with the Orderer, as far
as they are legal transactions of related kind.
§ 2 Written Text Form
Contracts and other legally binding representations for or against Sacher Lasertechnik
GmbH must be made in written text form in order to be valid. This applies in particular to
valid contract conclusions, contract modifications and contract rescissions. If the Orderer
invokes an orally made agreement, the onus of proof lies with him.
§ 3 Offer and Contract Conclusion
(1) Sales contracts with Sacher Lasertechnik GmbH are brought about exclusively by the
Orderer’s offer and our acceptance. As far as an order is considered as an offer according
to § 145 BGB / German Civil Code, we may accept it within two weeks. Such acceptance
is made exclusively in writing or in text form by email.
(2) When ordering via our online shop, the ordering operation comprises four, respectively
five steps. With the first step the Orderer logs in to our online shop by the access data set
up before. An access is only possible for an Orderer accepted by us beforehand. In the
second step the Orderer chooses the desired goods and puts them into the virtual basket.
In the third step he he checks his client data including the billing address and if so, the
different delivery address, and chooses the payment method. Here the Orderer has the
opportunity to recheck and correct any data (e. g. name, address, mode of payment,
ordered articles). In the fourth step the Orderer is shown the order combination.
Additionally, he is asked before continuing the ordering process to read and accept the
General Terms of Sale of Sacher Lasertechnik GmbH. He then is also offered to print out
the General Terms of Sale. Then the order is finished by clicking the ‚Place Order‘ button.
The Orderer receives an order confirmation by us via email. If the Orderer decides to pay
by the online payment service Pay Pal, another step follows. In step five the Orderer logs
in with his access data over the appearing input mask to the server of the payment system
Pay Pal and gives his payment information. In this process Sacher Lasertechnik GmbH
does not store any data of the Orderer. After transfer of the payment information to Pay
Pal and effected payment the Orderer receives an order confirmation by us via email.
(3) By clicking the ‚Send Order‘ button in our onlineshop the Orderer places a binding offer
with us to enter into a contract of the contents proposed by the Orderer. At first the Orderer
receives by email an acknowledgment of the receipt of his order to the email address given
by him (acknowledgment of order). Yet, a sales contract does not come into existence but
with emailing the declaration of our acceptance of the offer, or with the delivery of the
ordered goods.
§ 4 Storage of the Contract Text
The contract text of the order is stored by us. The Orderer may print out this text prior to
sending his order by clicking on ‘Print’ at the last ordering step. In any case the Orderer
shall receive to his indicated email address an acknowledgment of order and an order
confirmation with all ordering data from Sacher Lasertechnik GmbH.
§ 5 Disposed Documents
We reserve ourselves the property rights and copyrights of all documents such as
calculations, drawings, etc. placed at the Orderer’s disposal in connection with the placing
of order. These documents may not be disclosed to third parties unless our express written
consent to the Orderer to do so. As far as we do not accept the Orderer’s offer within the
period of time set forth in § 3, these documents shall be returned to us without delay.
§ 6 Prices and Payment
(1) All prices are exclusively given in Euros provided that no other currency has been
agreed upon in writing by us and the Orderer before acceptance.
(2) Save as otherwise provided for in writing, our prices are ex works packing excluded
and plus value added tax to the respective valid amount. Packing costs are extra.
(3) The payment of the purchase price shall be done only into an account indicated by us.
Any deduction of discount shall only be admissible at prior written agreement. Exchange-,
discount charges or other costs due to the purchase price not being transferred in Euro
shall be borne in full by the Orderer.
(4) As far as not otherwise agreed the purchase price shall be due within 30 days upon
invoicing. Payments shall not be considered as being made but from the day on at which
we can dispose of the invoiced amount in full. At default in payment, additional default
interest to the amount of 8 percentage points above the respective basic interest rate shall
be due from the 31st day upon invoicing on. The assertion of further damages shall remain
unaffected hereof.
(5) As far as no fixed price agreement was made, reasonable changes in prices due to
changed wage-, material- and distribution costs shall remain reserved for deliveries
effected 3 months or later upon the conclusion of contract.
§ 7 Setoff and Right of Retention
The Orderer shall only have a right to setoff with his counterclaims being legally
established or uncontested. The Orderer shall only be authorized to exercise a right of
retention to the extend as his legally established or uncontested counterclaim is based on
the same contractual relationship.
§ 8 Delivery Term
(1) Indicated delivery terms are not binding until written confirmation by Sacher
Lasertechnik GmbH. The start of the delivery term indicated by us is subject to the
Orderer’s contingent procurement of documents, permits and releases, and with the timely
and due compliance with further obligations under the contract, such as eventually agreed
advance payments. Defense of non-performance of the contract remains reserved.
(2) The Orderer is obliged to receive and accept partial deliveries by Sacher Lasertechnik
GmbH, as far as this does not result in unreasonable disadvantages to him.
(3) With the Orderer being in default of acceptance or culpably neglecting a duty of
participation incumbent on him, he shall be obliged to compensate Sacher Lasertechnik
GmbH for the damage arising thereof. Any further claims remain expressly reserved. As
far as the Orderer is in default of acceptance, the risk of accidental loss or accidental
deterioration of the object of sale passes to the Orderer.
§ 9 Passing of Risk at Disptach
(1) With the article being dispatched to the Orderer at his request, the risk of accidental
loss or accidental deterioration of the article passes to the Orderer when dispatched to the
Orderer at the latest when leaving the works/warehouse. This shall apply regardless of the
dispatch of the article from the place of performance, or by whom the freight is assumed.
(2) With the Orderer declaring not to accept the article o rat delayed dispatch due to any
other non-contractual conduct of the Orderer, he shall be in default of acceptance from
such declaration on, yet at the latest on the date the article is ready for dispatch.
§ 10 Transport Insurance
We do not take out a transport insurance policy but upon the express and written demand
by the Orderer. The costs connected thereto shall be borne by the Orderer.
§ 11 Force Majeure
(1) Sacher Lasertechnik GmbH shall be exempted from its duty of punctual delivery i fand
as long as reasons of force majeure hinder a performance of contract in time, or make the
same unreasonable or impossible. Among this count in particular also export or trade
restrictions as well as the not culpable unpunctual delivery to Sacher Lasertechnik GmbH
by third parties. We shall without delay indicate the Orderer the occurrence of such
incident.
(2) The contracting parties undertake in such a case to adapt their reciprocal obligations to
the changed circumstances.
§ 12 Right to Rescind the Contract by Sacher Lasertechnik GmbH
(1) Should we obtain knowledge upon conclusion of contract of a deterioration of the
contracting party’s assets and credit situation to such a degree that a proper performance
of contract is no more to be expected, we shall be entitled to rescind from the contract with
immediate effect and to demand immediate return possibly delivered goods, unless the
Orderer meets his duty to pay immediately, yet within 5 working days at the latest .
(2) With the returned article having already been made use of by the Orderer or being
otherwise deteriorated, he shall compensate us for the caused damage, especially for the
decrease in value.
(3) With the Orderer being in delay in payment or not complying with his obligations under
the retention of title, we shall be entitled to demand the delivered goods to be returned by
him and, upon threatening with a reasonable period of time and appropriation to the price,
to make use of them in the best possible way in the open market and to satisfy our claims
out of the proceeds. The proceeds going beyond the unsettled liabilities shall be paid to
the Orderer. If we demand the return of the object of delivery, the Orderer shall be obliged
under exclusion of possible rights of retention to immediately return to us the object of
delivery. The Orderer shall bear all the costs of taking back and utilization. The Orderer
shall be invoiced these costs at a flat-rate of 10% of the utilization proceeds including the
statutory VAT. We reserve ourselves any claim for damages going beyond this.
§ 13 Retention of Title
(1) Until compliance with all of the claims resulting from the respective contractual
relationship Sacher Lasertechnik GmbH expressly retains title to the delivered item. We
shall be entitled to take back the article at non-contractual conduct of the Orderer.
(2) As long as the title has not yet completely passed to the Orderer, the same is obliged to
treat the article carefully. In order to do so the Orderer shall ask us whether special
maintenance instructions apply to individual objects. He shall in particular be obliged to
insure the article at his own expense sufficiently and at value when new against theft and
damage caused by fire and water. With maintenance- and inspection work to be executed,
the Orderer shall carry them out at his own expense in due time.
(3) As long as the title has not yet passed, the Orderer is forbidden to pledge or assign by
way of security the objects. Also the Orderer hast o immediately inform us in writing when
the concerned goods are attached or are exposed to other interferences by third parties.
The Offerer then has to point out to the third party, respectively the bailiff the title of Sacher
Lasertechnik GmbH. To the extend as such third party is not able to reimburse us the
judicial and extra-judicial costs of a prevailing action according to § 771 ZPO / German
Code of Civil Procedure, the Orderer shall be liable for the costs incurred to us. The
assertion of any further compensation shall remain unaffected hereof.
(4) The Orderer shall be entitled to resell the article under retention of title in usual
business transactions. The Orderer already now assigns to us to the amount of the
purchase price agreed with us (including VAT) the purchaser’s debts under such resale of
the article under retention of title. This assignment shall be valid regardless of the object of
sale having been resold without or after processing. Also after assignment the Orderer
shall be authorized to recover the claim. Our authority to recover the claim ourselves shall
remain unaffected thereof. In case of recovery by us, the Orderer undertakes to list us
without delay the claims concerned together with the respective debtors. The Order shall
hand over to us all the documents necessary for the collection of the claim and inform the
debtors of the assignment. Upon our request, the Orderer shall affirm in lieu of an oath the
correctness of his statements.
(5) The treatment, processing or transformation of the delivered goods by the Orderer shall
always be effected in the name and by order of Sacher Lasertechnik GmbH. In this case
the Orderer‘s expectant right to the goods delivered by us shall continue in the transformed
object. If the goods are processed, combined or mixed with other objects not belonging to
us, we shall acquire co-ownership of the new goods at the rate of the objective value of our
goods to the other treated, combined or mixed objects at the time of processing. If the
mixing is done in a way o make the object of the Orderer to be seen as the main object
shall be considered as agreed that the Orderer assigns pro rata co-ownership to us and
preserves for us the so created sole or co-property. To secure our claims against the
Orderer, the Orderer shall assign to us even such claims that accrue to him against third
parties by the combination of the goods under retention of title with a piece of land; we do
accept this assignment already now.
(6) We commit ourselves to release the securities due to us upon request of the Orderer if
their value exceeds the claims to be secured by more than 20%.
§ 14 Warranty and Notice of Defects, and Recourse/Manufacturer’s Recourse
(1) Warranty rights by the Orderer are subject to the goods received having been
inspected by him without delay upon receipt and Sacher Lasertechnik GmbH having been
notified also without delay of contingent defects discovered. To safeguard his rights, the
Order shall have to give written notice to us of all apparent defects within 14 days upon
receipt of the goods. Hidden defects shall have to be notified in writing within 14 days upon
their detection, to safeguard warranty rights.
(2) As for the rest, the limitation of action for warranty claims is in 12 months upon effected
delivery to the Orderer of the goods delivered by us. The above provisions shall not apply
where provisions of law peremptorily prescribe longer periods of time. Any contingent
return by the Orderer shall be indicated to us before and only possible upon our consent.
(3) Should despite of all care taken the delivered article show a defect that existed already
at the date of the passing of risk, we shall subject to timely notice within the set period at
our option make subsequent improvement or deliver a substitute. We shall always have to
be given the opportunity of subsequent performance within a reasonable period of time.
Rights of recourse shall without any qualification remain unaffected by the above provision.
(4) With subsequent performance failing, the Orderer may – without prejudice to possible
claims for damages – rescind from the contract or reduce compensation.
(5) Warranty claims do not exist with only irrelevant deviations from the agreed condition,
only irrelevant impairment of the fitness for use, loss in value from normal use, natural
wear and tear, as well as with damages arising upon the passing of risk by incorrect or
negligent handling, excessive strain, inappropriate equipment, or due to particular external
influences not provided for under the contract. For improper repair work or modifications
executed by the Orderer or third parties and for the damages resulting thereof also no
warranty claim shall exist.
(6) Claims of the Orderer as to the expenses necessary for the purpose of subsequent
performance, in particular transportation costs, tolls, labor - and material costs are
excluded insofar as expenses are increasing due to the article delivered by us has later
been removed to a place other than the establishment of the Orderer, unless such removal
corresponds to its designated use.
(7) Rights of recourse of the Orderer against us exist only insofar as the Orderer has not
made with his customer any agreement going beyond the statutorily imperative warranty
claims. For the scope of the Orderer’s right of recourse against the Deliverer subparagraph
6 shall also apply accordingly.
(8) Sacher Lasertechnik GmbH gives no guarantee for the condition or durability, unless
the sama has not expressly been agreed upon.
§ 15 Data Protection
(1) At the introduction, conclusion, execution and rescission of a sales contract in our
online-shop as well as otherwise, the Orderer’s data are collected, stored and processed
by us within the scope of the statutory provisions.
(2) For further data protection information we refer to our data protection regulations the
Orderer may at any time consult on our homepage. Upon express request we also send
this declaration also by mail or email.
(3) The contracting parties agree that also the data protection regulations of Sacher
Lasertechnik GmbH become part of this and future contracts with the Orderer.
§ 16 Export Regulations
Certain goods are subject to export regulations. Reexportation from the territory of the
Federal Republic of Germany may perhaps not be possible but with the approval by the
German Federal Office for Industry and Trade Bundeamt für gewerbliche Wirtschaft . The
buyer shall be responsible for the compliance with the relevant provisions up to the
ultimate consumer.
§ 17 Final Provisions
(1) This Contract and all legal relations of the parties are governed by the law of the
Federal Republic of Germany under exclusion of the UN-Convention on Contracts for the
International Sale of Goods (CISG).
(2) Place of performance and exclusive venue for all disputes arising from this Contract
shall be Marburg.
(3) Should any provision of this Contract be or become invalid or contain a gap or should
such gap appear in future, this shall not affect any part of the remaining Contract. The
parties undertake to replace such invalid provision or such gap by such a legally
admissible regulation that comes closest to the economic purpose of the invalid regulation,
or that bridges such gap. d4/d63669
Certified to be a complete and correct translation. The source text done in the German language has been presented in the original as a data file.
§ 1 Scope
(1) These Terms of Sale do exclusively apply to entrepreneurs, legal persons under public
law, or special funds under public law in terms of § 310, sub.-par. 1 BGB / German Civil
Code. Conditions of the Orderer adverse to or diverging from our Terms of Sales shall not
be accepted by us but with our express written consent to their validity.
(2) These Terms of Trade shall also apply to all future transactions with the Orderer, as far
as they are legal transactions of related kind.
§ 2 Written Text Form
Contracts and other legally binding representations for or against Sacher Lasertechnik
GmbH must be made in written text form in order to be valid. This applies in particular to
valid contract conclusions, contract modifications and contract rescissions. If the Orderer
invokes an orally made agreement, the onus of proof lies with him.
§ 3 Offer and Contract Conclusion
(1) Sales contracts with Sacher Lasertechnik GmbH are brought about exclusively by the
Orderer’s offer and our acceptance. As far as an order is considered as an offer according
to § 145 BGB / German Civil Code, we may accept it within two weeks. Such acceptance
is made exclusively in writing or in text form by email.
(2) When ordering via our online shop, the ordering operation comprises four, respectively
five steps. With the first step the Orderer logs in to our online shop by the access data set
up before. An access is only possible for an Orderer accepted by us beforehand. In the
second step the Orderer chooses the desired goods and puts them into the virtual basket.
In the third step he he checks his client data including the billing address and if so, the
different delivery address, and chooses the payment method. Here the Orderer has the
opportunity to recheck and correct any data (e. g. name, address, mode of payment,
ordered articles). In the fourth step the Orderer is shown the order combination.
Additionally, he is asked before continuing the ordering process to read and accept the
General Terms of Sale of Sacher Lasertechnik GmbH. He then is also offered to print out
the General Terms of Sale. Then the order is finished by clicking the ‚Place Order‘ button.
The Orderer receives an order confirmation by us via email. If the Orderer decides to pay
by the online payment service Pay Pal, another step follows. In step five the Orderer logs
in with his access data over the appearing input mask to the server of the payment system
Pay Pal and gives his payment information. In this process Sacher Lasertechnik GmbH
does not store any data of the Orderer. After transfer of the payment information to Pay
Pal and effected payment the Orderer receives an order confirmation by us via email.
(3) By clicking the ‚Send Order‘ button in our onlineshop the Orderer places a binding offer
with us to enter into a contract of the contents proposed by the Orderer. At first the Orderer
receives by email an acknowledgment of the receipt of his order to the email address given
by him (acknowledgment of order). Yet, a sales contract does not come into existence but
with emailing the declaration of our acceptance of the offer, or with the delivery of the
ordered goods.
§ 4 Storage of the Contract Text
The contract text of the order is stored by us. The Orderer may print out this text prior to
sending his order by clicking on ‘Print’ at the last ordering step. In any case the Orderer
shall receive to his indicated email address an acknowledgment of order and an order
confirmation with all ordering data from Sacher Lasertechnik GmbH.
§ 5 Disposed Documents
We reserve ourselves the property rights and copyrights of all documents such as
calculations, drawings, etc. placed at the Orderer’s disposal in connection with the placing
of order. These documents may not be disclosed to third parties unless our express written
consent to the Orderer to do so. As far as we do not accept the Orderer’s offer within the
period of time set forth in § 3, these documents shall be returned to us without delay.
§ 6 Prices and Payment
(1) All prices are exclusively given in Euros provided that no other currency has been
agreed upon in writing by us and the Orderer before acceptance.
(2) Save as otherwise provided for in writing, our prices are ex works packing excluded
and plus value added tax to the respective valid amount. Packing costs are extra.
(3) The payment of the purchase price shall be done only into an account indicated by us.
Any deduction of discount shall only be admissible at prior written agreement. Exchange-,
discount charges or other costs due to the purchase price not being transferred in Euro
shall be borne in full by the Orderer.
(4) As far as not otherwise agreed the purchase price shall be due within 30 days upon
invoicing. Payments shall not be considered as being made but from the day on at which
we can dispose of the invoiced amount in full. At default in payment, additional default
interest to the amount of 8 percentage points above the respective basic interest rate shall
be due from the 31st day upon invoicing on. The assertion of further damages shall remain
unaffected hereof.
(5) As far as no fixed price agreement was made, reasonable changes in prices due to
changed wage-, material- and distribution costs shall remain reserved for deliveries
effected 3 months or later upon the conclusion of contract.
§ 7 Setoff and Right of Retention
The Orderer shall only have a right to setoff with his counterclaims being legally
established or uncontested. The Orderer shall only be authorized to exercise a right of
retention to the extend as his legally established or uncontested counterclaim is based on
the same contractual relationship.
§ 8 Delivery Term
(1) Indicated delivery terms are not binding until written confirmation by Sacher
Lasertechnik GmbH. The start of the delivery term indicated by us is subject to the
Orderer’s contingent procurement of documents, permits and releases, and with the timely
and due compliance with further obligations under the contract, such as eventually agreed
advance payments. Defense of non-performance of the contract remains reserved.
(2) The Orderer is obliged to receive and accept partial deliveries by Sacher Lasertechnik
GmbH, as far as this does not result in unreasonable disadvantages to him.
(3) With the Orderer being in default of acceptance or culpably neglecting a duty of
participation incumbent on him, he shall be obliged to compensate Sacher Lasertechnik
GmbH for the damage arising thereof. Any further claims remain expressly reserved. As
far as the Orderer is in default of acceptance, the risk of accidental loss or accidental
deterioration of the object of sale passes to the Orderer.
§ 9 Passing of Risk at Disptach
(1) With the article being dispatched to the Orderer at his request, the risk of accidental
loss or accidental deterioration of the article passes to the Orderer when dispatched to the
Orderer at the latest when leaving the works/warehouse. This shall apply regardless of the
dispatch of the article from the place of performance, or by whom the freight is assumed.
(2) With the Orderer declaring not to accept the article o rat delayed dispatch due to any
other non-contractual conduct of the Orderer, he shall be in default of acceptance from
such declaration on, yet at the latest on the date the article is ready for dispatch.
§ 10 Transport Insurance
We do not take out a transport insurance policy but upon the express and written demand
by the Orderer. The costs connected thereto shall be borne by the Orderer.
§ 11 Force Majeure
(1) Sacher Lasertechnik GmbH shall be exempted from its duty of punctual delivery i fand
as long as reasons of force majeure hinder a performance of contract in time, or make the
same unreasonable or impossible. Among this count in particular also export or trade
restrictions as well as the not culpable unpunctual delivery to Sacher Lasertechnik GmbH
by third parties. We shall without delay indicate the Orderer the occurrence of such
incident.
(2) The contracting parties undertake in such a case to adapt their reciprocal obligations to
the changed circumstances.
§ 12 Right to Rescind the Contract by Sacher Lasertechnik GmbH
(1) Should we obtain knowledge upon conclusion of contract of a deterioration of the
contracting party’s assets and credit situation to such a degree that a proper performance
of contract is no more to be expected, we shall be entitled to rescind from the contract with
immediate effect and to demand immediate return possibly delivered goods, unless the
Orderer meets his duty to pay immediately, yet within 5 working days at the latest .
(2) With the returned article having already been made use of by the Orderer or being
otherwise deteriorated, he shall compensate us for the caused damage, especially for the
decrease in value.
(3) With the Orderer being in delay in payment or not complying with his obligations under
the retention of title, we shall be entitled to demand the delivered goods to be returned by
him and, upon threatening with a reasonable period of time and appropriation to the price,
to make use of them in the best possible way in the open market and to satisfy our claims
out of the proceeds. The proceeds going beyond the unsettled liabilities shall be paid to
the Orderer. If we demand the return of the object of delivery, the Orderer shall be obliged
under exclusion of possible rights of retention to immediately return to us the object of
delivery. The Orderer shall bear all the costs of taking back and utilization. The Orderer
shall be invoiced these costs at a flat-rate of 10% of the utilization proceeds including the
statutory VAT. We reserve ourselves any claim for damages going beyond this.
§ 13 Retention of Title
(1) Until compliance with all of the claims resulting from the respective contractual
relationship Sacher Lasertechnik GmbH expressly retains title to the delivered item. We
shall be entitled to take back the article at non-contractual conduct of the Orderer.
(2) As long as the title has not yet completely passed to the Orderer, the same is obliged to
treat the article carefully. In order to do so the Orderer shall ask us whether special
maintenance instructions apply to individual objects. He shall in particular be obliged to
insure the article at his own expense sufficiently and at value when new against theft and
damage caused by fire and water. With maintenance- and inspection work to be executed,
the Orderer shall carry them out at his own expense in due time.
(3) As long as the title has not yet passed, the Orderer is forbidden to pledge or assign by
way of security the objects. Also the Orderer hast o immediately inform us in writing when
the concerned goods are attached or are exposed to other interferences by third parties.
The Offerer then has to point out to the third party, respectively the bailiff the title of Sacher
Lasertechnik GmbH. To the extend as such third party is not able to reimburse us the
judicial and extra-judicial costs of a prevailing action according to § 771 ZPO / German
Code of Civil Procedure, the Orderer shall be liable for the costs incurred to us. The
assertion of any further compensation shall remain unaffected hereof.
(4) The Orderer shall be entitled to resell the article under retention of title in usual
business transactions. The Orderer already now assigns to us to the amount of the
purchase price agreed with us (including VAT) the purchaser’s debts under such resale of
the article under retention of title. This assignment shall be valid regardless of the object of
sale having been resold without or after processing. Also after assignment the Orderer
shall be authorized to recover the claim. Our authority to recover the claim ourselves shall
remain unaffected thereof. In case of recovery by us, the Orderer undertakes to list us
without delay the claims concerned together with the respective debtors. The Order shall
hand over to us all the documents necessary for the collection of the claim and inform the
debtors of the assignment. Upon our request, the Orderer shall affirm in lieu of an oath the
correctness of his statements.
(5) The treatment, processing or transformation of the delivered goods by the Orderer shall
always be effected in the name and by order of Sacher Lasertechnik GmbH. In this case
the Orderer‘s expectant right to the goods delivered by us shall continue in the transformed
object. If the goods are processed, combined or mixed with other objects not belonging to
us, we shall acquire co-ownership of the new goods at the rate of the objective value of our
goods to the other treated, combined or mixed objects at the time of processing. If the
mixing is done in a way o make the object of the Orderer to be seen as the main object
shall be considered as agreed that the Orderer assigns pro rata co-ownership to us and
preserves for us the so created sole or co-property. To secure our claims against the
Orderer, the Orderer shall assign to us even such claims that accrue to him against third
parties by the combination of the goods under retention of title with a piece of land; we do
accept this assignment already now.
(6) We commit ourselves to release the securities due to us upon request of the Orderer if
their value exceeds the claims to be secured by more than 20%.
§ 14 Warranty and Notice of Defects, and Recourse/Manufacturer’s Recourse
(1) Warranty rights by the Orderer are subject to the goods received having been
inspected by him without delay upon receipt and Sacher Lasertechnik GmbH having been
notified also without delay of contingent defects discovered. To safeguard his rights, the
Order shall have to give written notice to us of all apparent defects within 14 days upon
receipt of the goods. Hidden defects shall have to be notified in writing within 14 days upon
their detection, to safeguard warranty rights.
(2) As for the rest, the limitation of action for warranty claims is in 12 months upon effected
delivery to the Orderer of the goods delivered by us. The above provisions shall not apply
where provisions of law peremptorily prescribe longer periods of time. Any contingent
return by the Orderer shall be indicated to us before and only possible upon our consent.
(3) Should despite of all care taken the delivered article show a defect that existed already
at the date of the passing of risk, we shall subject to timely notice within the set period at
our option make subsequent improvement or deliver a substitute. We shall always have to
be given the opportunity of subsequent performance within a reasonable period of time.
Rights of recourse shall without any qualification remain unaffected by the above provision.
(4) With subsequent performance failing, the Orderer may – without prejudice to possible
claims for damages – rescind from the contract or reduce compensation.
(5) Warranty claims do not exist with only irrelevant deviations from the agreed condition,
only irrelevant impairment of the fitness for use, loss in value from normal use, natural
wear and tear, as well as with damages arising upon the passing of risk by incorrect or
negligent handling, excessive strain, inappropriate equipment, or due to particular external
influences not provided for under the contract. For improper repair work or modifications
executed by the Orderer or third parties and for the damages resulting thereof also no
warranty claim shall exist.
(6) Claims of the Orderer as to the expenses necessary for the purpose of subsequent
performance, in particular transportation costs, tolls, labor - and material costs are
excluded insofar as expenses are increasing due to the article delivered by us has later
been removed to a place other than the establishment of the Orderer, unless such removal
corresponds to its designated use.
(7) Rights of recourse of the Orderer against us exist only insofar as the Orderer has not
made with his customer any agreement going beyond the statutorily imperative warranty
claims. For the scope of the Orderer’s right of recourse against the Deliverer subparagraph
6 shall also apply accordingly.
(8) Sacher Lasertechnik GmbH gives no guarantee for the condition or durability, unless
the sama has not expressly been agreed upon.
§ 15 Data Protection
(1) At the introduction, conclusion, execution and rescission of a sales contract in our
online-shop as well as otherwise, the Orderer’s data are collected, stored and processed
by us within the scope of the statutory provisions.
(2) For further data protection information we refer to our data protection regulations the
Orderer may at any time consult on our homepage. Upon express request we also send
this declaration also by mail or email.
(3) The contracting parties agree that also the data protection regulations of Sacher
Lasertechnik GmbH become part of this and future contracts with the Orderer.
§ 16 Export Regulations
Certain goods are subject to export regulations. Reexportation from the territory of the
Federal Republic of Germany may perhaps not be possible but with the approval by the
German Federal Office for Industry and Trade Bundeamt für gewerbliche Wirtschaft . The
buyer shall be responsible for the compliance with the relevant provisions up to the
ultimate consumer.
§ 17 Final Provisions
(1) This Contract and all legal relations of the parties are governed by the law of the
Federal Republic of Germany under exclusion of the UN-Convention on Contracts for the
International Sale of Goods (CISG).
(2) Place of performance and exclusive venue for all disputes arising from this Contract
shall be Marburg.
(3) Should any provision of this Contract be or become invalid or contain a gap or should
such gap appear in future, this shall not affect any part of the remaining Contract. The
parties undertake to replace such invalid provision or such gap by such a legally
admissible regulation that comes closest to the economic purpose of the invalid regulation,
or that bridges such gap. d4/d63669
Certified to be a complete and correct translation. The source text done in the German language has been presented in the original as a data file.
D-35037 Marburg, May 10th, 2012
Frédéric S. Schwindack
Version of May 16, 2012
