General trading conditions

§ 1 prices
The prices 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 buyer is justified to more than 5% increase resignation.

§ 2 supply
On buyers calculation becomes dispatch and feed place .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.), becomes it impossible to supply ordered, can this be cancellated with a message from the buyer. Temporally limited delivery obstacle entitled to exceed agreed by salesman.

§ 3 terms of payment
We deliver our articles by payment cash or advance.
supplies parts and purelyare have to be immediately payable. With advance payment you keep 3% discount.

§ 4 material defects
Salesman follows liable for material defects:

a) the salesman have after improved all sections or performances, who are indicate defect, are charge to furnish it free again in limitation period passage in present in time.

b) after 6 months, material defect are fall out Requirements.

c) By material defects is the buyer obligated immediately report it to the salesman.

d) In case of occurred material be defect payments can be hold back from buyer. payments only can be hold back if there is a valid writing of defect from the buyer, over whose there is no authorization. If injustice defect took place to the notice, the salesman is entitled to require it developed expenditures.

e) in appropriate period have the salesman always granted the first opportunity implement.

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

g) in case of insignificant lack do not exist only deviation of agreed upon condition Requirements, only by 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 not presupposed after contract.

Inappropriately modifications or repairs made by buyer or by third, makes omitted to all warranty claims.

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

i) Buyers extent Requirements resort only exist against the salesman, as declarations/agreements going to customer beyond met the lega lackl requirements, buyers requirement range accordingly against the salesman with the regulation in managing digit h).

j) Claims of damages applies in remaining regulation in below §7 (other claims of damages). More or other ones than its regulated in §4 requirements executing aide against the salesman about material defect aren’t impossible.

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

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

The warranty exclusively lack extends, with due material or manufacturing defect. During asserting attached guarantee/warranty claim with original sales voucher with date. Guarantee/warranty repairs only 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 out of partial guarantee/warranty.

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) has been registered in Optrons device within bought 4 weeks, 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 online under www.optrons.com and can be executed online. The buyer keeps his warranty acknowledgement dispatched by email or can these printouts direct. This acknowledgement always is related to device.
During asserting of warranty claim the platinum warranty acknowledgement or printout registration to be attached to 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 cheques and changes assumed remains after §3. As far as protection value rights, which are entitled to salesman, who should height exceed to all secured requirements around more than 20%, is desire on and will release an appropriate part of the protection rights. The buyer is entitled to further-sell in the context course business correct reservation commodity process or to continue.

The demands height 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.