General trading conditions

§ 1 prices
The prices understand themselves excluding packing from stock optrons. It ordering applies the valid list price. If the supply takes place more than 4 months, contract conclusion, the valid list price is daylly delivery relevant. The buyeris justified to more than 5% increase resignation.

§ 2 supply
Dispatch and feed place become on buyers calculation.The dispatch turns into function of buyers commodity.

During foreseeable circumstances of placing order, like lack of raw
and auxiliary materials or handicaps by higher force (war, unrests, strike etc.), don’t entitle the salesman, if commodity becomes impossible the supply ordered, to cancellation contract by message from buyer. The salesman is entitled to exceed agreed upon date of delivery by the period of preventing with is a temporally limited delivery obstacle.

§ 3 terms of payment
delivery or advance payment cash for supply our articles.
Spare supplies parts and purely net payable are immediately repairs. With advance payment supplies you keep to 3% discount and the NN fees omitted. Advantage this price.

§ 4 material defects
the salesman adheres material defects follows:

a) after improved selection of all those sections or performances are charge to supply or furnish to the salesman free again, which material indicate defect within the period of
limitation the passage of the risk its cause already present at the time.

b) under the statute of limitations in 6 months, material defect fall for Requirements.

c) The buyer is obligated, immediately to report written opposite of material defects to the salesman.

d) In the case of defect payments from the buyer may be held
back only to an extent, in appropriate relation the occurred material be defect. The buyer can hold payments back only if he made notice of defect in writing valid, over whose authorization exist no doubt. If injustice defect took place to the notice, the salesman is entitled to require it developed expenditures.

e) Always is the First opportunity granted to the salesman to implement within appropriate period.

f) If the implement fails, can the buyer - without prejudice to any damages
claims withdraw reduce the remuneration or the contract. For futile expenditures the buyer cannot require anything.

g) do not exist in the case of only insignificant deviation from the agreed upon condition Requirements for lack, only usefulness insignificant impairment, natural wear or damage, passage develops after the risk due to incorrect or careless handling, excessive demand, unsuitable means operation, unsatisfactory or unsuitable materials or those due to special outside influences, which are after the contract not presupposed.

Are inappropriately modifications or repairs made by the buyer or by third, then all warranty claims are omitted.

h) Buyers Requirements of the implement necessary expenditures of the time in point, in particular feed -, ways-, work and material costs are impossible, as far as the expenditures increase supply subject was spent subsequently to another place than address of the salesman, its intended use correspond the placing.

i) Buyers Requirements resort against the salesman only by not exist to that extent, as the buyers declarations/agreements going with its customer beyond the legal requirements met for lack.
Furthermore to range of requirement for resort of buyer against the salesman the regulation in managing digit applies accordingly h).

j) Claims To damages applies in the remaining regulation in below §7 (other claims of damages). Large ones or others than the buyers requirements against the salesman, regulated in §4, and its executing aides, material defect aren’t impossible.

k) The managing regulations in this §4 apply accordingly, if item is not a contractual supply, but other performance (in particular repair performance) of the salesman.

§5 optrons declaration of guarantee
The Optrons S.A guarantee beyond of the legal warranty claims of respective country grants beginning with the sales date of the optical device 1 year to 30 years warranty extension at least additionally to declaration to the final consumer.
The duration of guaranteeing clarifying of Optrons S.A. depends on the product group.

The warranty exclusively extends to lack, with to due to material or manufacturing defect. During asserting attached guarantee/warranty claim original sales voucher with sales date. Guarantee/warranty repairs may be executed exclusively by authorized Optrons warranty service act ions with released repair order Optrons S.A..

Excluded from the guarantee/warranty:

• inappropriate use, e.g. overloading of the device or use of not certified accessories
• use of force, damage by foreign effects or by foreign bodies, e.g. water, sand or stones
• damage by neglect of the instructions, e.g. to false a mains voltage or type of current or
neglect of the structure guidance
• normal/normal wear/consumption
• and all different from the outside to the device of influencing
events, those not to the normal customs/use are to be led back link
• wear/expendables material e.g. stretcher belts, protective caps,inverting shells, rubber reinforcing, plastic parts.

Excluded completely dismantled devices are partial from the guarantee/warranty out.

Furthermore the warranty is omitted after interventions and repairs by not authorized services, which were executed by one of us.

Optrons platinum - warranty (up to 30-years- guarantee) is registered in Optrons device within 4 weeks bought, Optrons S.A. grants an extended warranty of up to 30 years, likewise beginning with the sales date from device to the final consumer/buyer. The warranty extension depends on the product group. The registration effected excluding on-line under www.optrons.com and can be by the buyer executed on-line. The buyer keeps his warranty acknowledgement dispatched or can these printouts direct to platinum by email. This acknowledgement always is related to the device. During asserting of a warranty claim the platinum warranty acknowledgement or the registration printout is to be attached to the original sales voucher with sales date. If no punctual registration is executed, then applies excluding the legally determined guarantee of the respective country

§ 6 retention of title
the supplied commodity property of salesman for complete payment of agreed upon purchase price as well as compensation of all business relation salesman/buyer due also future demands, including all secondary claims and to the redemption in payment a debt of the cheques and changes assumed after §3 remains. As far as the value of protection rights, which are entitled to salesman, who should exceed height of all secured requirements around more than 20%, the salesman desire on the buyer will release an appropriate part of the protection rights. The buyer is entitled to further-sell in the context of course business correct the reservation commodity process or to continue.

The demands at height of respective invoice amount by the buyer the reservation commodity at the point in time of order in ahead already retires to salesman, for developing from resale. The salesman is authorized to collection of demand. The buyer is not entitled to pledging and transfer by way of security of reservation commodity in every form. In the case of processing reservation commodity the salesman in relation of their value becomes joint owner new commodity. The asserting retention of title as well as seizing the supplied commodity by salesman isn’t considered as cancellation contract. The salesman is obligated, if the value existing collateral exceeds open demands around more than 20% upon the requests buyer release to explain to that extent.

The buyer is obligated to indicate to the salesman any recourse to of reservation property immediately.

§ 7 cheque/change clause
in the connection with the payment purchase price by the buyer a change-moderate adhesion of the salesman is justified, then the retention of title as well as this the which is basis demand from supply go out only with redemption by buyer as referring.

§ 8 other claims for damages
Claims for damages from buyer are impossible, same from which argument in particular of violation obligations, from the obligation and from bad action.

b) This does not apply, as far as one adheres mandatory, e.g. after the product liability law, in cases of resolution, for rough negligence, violation of the life, body and health, warranty of absence of a lack or violation of substantial contract obligations. The damages payment violation of substantial contract obligations is however limited foreseeable damage not for resolution or rough negligence on contract-typical, present or violation of life, body health or warranty of the absence lack is adhered. A modification of the burden proof disadvantage buyer is not connected with the managing regulations.

§ 9 cancelation
withdrawn without prejudice the salesmen is to legal cancelation entitled from contract,

• if buyer offends his obligations against regarding the reservation property
• comparison or bankruptcy petitions over fortunes buyer is placed, or third enforcement measure demand purchase price of the salesman endanger.

§ 10 inefficacy clause/opposing regulations
should one of the regulations contained in the GCT ineffective or become, then it effectiveness remaining regulations is not touched. These general trading conditions apply to all, also future contractual relations of the salesman. Other conditions do not become
Subject-matter contract, also if the salesman contradicts these not expressly.

§ 11 passage risk turns
to ordered, even if freight-free supply were upon agreed:

a) In the case of supply without list or assembly, if ready for use transmission were brought or fetched to the dispatch. The packing takes place with best attention. The dispatch takes place after best discretion of supplier. All transmissions of optrons become mandatory against break -, feed theft and fire damage insures. For this 1,5% by net the commodity value where calculated.

§ 12 place of delivery/area of jurisdiction
a) exclusive is jurisdiction, if buyer is a buyer, with all indirect or direct contractual relation itself resulting in disputes the seat salesman is. The salesman is however also entitled to complain at seat of buyer.

b) Place of delivery is Munich. To the contractual conditions
German material right under exclusion convention United Nations over contracts the international goods purchase (CISG) applies.

Optrons Distribution GmbH

Henschelring 11
85551 Kirchheim/München
Tel: +49-89-4522384-0
Fax: +49-89-94465904
e-mail: webmaster@optrons.de
Geschäftsführer: Ralf Ranzinger
HRB München: 135451