2.1. We can accept orders of the buyer, which are to be qualified as an offer for the conclusion of a purchase contract, within two weeks by an order confirmation or by sending the ordered products.

2.2. Our offers are subject to change and non-binding, unless we have expressly designated them as binding. This also applies to all documents belonging to an offer, such as cost estimates, illustrations, drawings, dimensional data and other documents.

2.3. We reserve our property rights and copyrights as well as other industrial property rights to all documents prepared by EPIGAP Optronic, such as cost estimates, drawings and other documents. We reserve our property rights and copyrights as well as other industrial property rights to all documents prepared by EPIGAP Optronic, such as cost estimates, drawings and other documents.

4.1. Delivery dates and deadlines are non-binding unless they have been expressly agreed as binding. Our order confirmation shall be authoritative for the scope of delivery, provided that no other ancillary agreements have been made.

4.2. EPIGAP shall be entitled to make partial deliveries and render partial services, provided that such partial deliveries are reasonable for the Purchaser. Over- or under-deliveries of 10% are considered as fulfillment of the order. der Bestellung. The customer has no right of return or compensation.

4.3. In case of freight prepaid delivery, the shipment is made uninsured at the risk of the buyer. Additional costs for agreed transport insurance shall be borne by the purchaser.

4.4. Bei verbindlich vereinbarten Lieferterminen oder -fristen sind diese eingehalten, wenn bis zu ihrem Ablauf die Ware unseren Betrieb verlassen hat, sofern keine abweichende Vereinbarung getroffen wurde. In the case of bindingly agreed delivery dates or deadlines, these shall be deemed to have been met if the goods have left our premises by the time they expire, unless otherwise agreed.

6.1. The Buyer is obliged to inspect the subject matter of the contract immediately upon receipt and to give notice of any visible defects without delay (§ 377 HGB). This applies accordingly if a defect becomes apparent later. If the Purchaser fails to inspect the goods and, if necessary, to give notice of defects, the subject matter of the contract shall be deemed to have been approved.

6.2. In the event of justified notices of defects, EPIGAP shall be liable both for defects with which the subject matter of the contract is afflicted at the time of the passing of risk and for the existence of warranted characteristics at the time of the passing of risk in accordance with the following conditions.

6.3. If the subject matter of the contract is defective, the buyer has the right to demand subsequent performance, unless we are entitled to refuse subsequent performance. Replaced parts become the property of EPIGAP.

6.4. In accordance with the statutory provisions, we shall be obliged to take back the new goods or to reduce the purchase price even without setting the otherwise required deadline if the purchaser’s customer, as a consumer of the new movable item sold (purchase of consumer goods), was entitled to demand the return of the goods or the reduction of the purchase price due to the defect of these goods or if the purchaser is subject to a similar resulting right of recourse. Translated with www.DeepL.com/Translator (free version) In addition, we shall be obliged to reimburse expenses of the Buyer, in particular transport, travel, labor and material costs, which the Buyer had to bear in relation to the end consumer within the scope of subsequent performance due to a defect of the goods existing at the time of transfer of risk from us to the Buyer. The claim is excluded if the purchaser has not properly fulfilled his duties of inspection and notification of defects owed under § 377 of the German Commercial Code (HGB).

6.5. Die Verpflichtung gemäß vorstehender Ziff. 6.4 is excluded insofar as it concerns a defect based on advertising statements or other contractual agreements not originating from us or if the buyer has given a special guarantee to the end consumer. The obligation is also excluded if the purchaser himself was not obliged to exercise the warranty rights towards the end user on the basis of the legal regulations or did not make this complaint towards a claim made to him. This shall also apply if the purchaser has assumed warranties towards the end user which exceed the statutory scope.

6.6. The limitation period for claims based on defects shall be one year from delivery of the goods to the purchaser, unless we have fraudulently concealed the defect; in this case, the statutory provisions shall apply. Our obligations under the foregoing sec. 6.4 and para. 6.5. remain unaffected by this.

7.1. If the underlying purchase agreement is a transaction for delivery by a fixed date within the meaning of 286 para. 2 No. 4 BGB or of § 376 HGB, we shall be liable in accordance with the statutory provisions. The same shall apply if, as a result of a delay in delivery for which we are responsible, the purchaser is entitled to claim that it no longer has an interest in the further performance of the contract. In this case, our liability shall be limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of contract for which we are responsible, whereby fault on the part of our representatives or vicarious agents shall be attributed to us.

7.2. Likewise, we shall be liable to the purchaser in the event of a delay in delivery in accordance with the statutory provisions if this is based on an intentional or grossly negligent breach of contract for which we are responsible, whereby fault on the part of our representatives or vicarious agents is to be attributed to us. Our liability is limited to the foreseeable, typically occurring damage if the delay in delivery is not due to an intentional breach of contract for which we are responsible.

Any further liability for a delay in delivery for which we are responsible is excluded. The Buyer’s further statutory claims and rights to which he is entitled in addition to the claim for damages due to a delay in delivery for which we are responsible shall remain unaffected.

7.3. Irrespective of the above and following limitations of liability, we shall be liable in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. In this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the guarantee of quality and durability.

7.4. We shall also be liable for damages caused by simple negligent breach of such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the buyer regularly relies and may rely. However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable.

7.5. Any further liability shall be excluded irrespective of the legal nature of the asserted claim; this shall apply in particular to tortious claims or claims for reimbursement of futile expenses in lieu of performance; this shall not affect our liability pursuant to the foregoing subparagraph. 7.1. until 7.4. of this contract. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

7.6. Claims for damages by the purchaser due to a defect shall become time-barred one year after delivery of the goods. If we, our legal representatives or our vicarious agents have caused injury to life, body or health, or if we, our legal representatives have acted with intent or gross negligence, or if our ordinary vicarious agents have acted with intent, the statutory limitation periods shall apply to the Buyer’s claims for damages.

8.1. The place of performance and jurisdiction for all disputes arising from the contractual relationship shall be the registered office of EPIGAP if the Customer is a registered trader, a legal entity under public law or a special fund under public law. However, EPIGAP shall also be entitled to sue the Purchaser at its place of residence or place of business.

8.2. The legal relations of the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

9.1. Should individual provisions of these General Terms and Conditions of Sale be invalid or unenforceable in whole or in part, this shall not affect the remaining provisions. In this case, the contracting parties shall be obliged to cooperate in agreeing on a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision. This applies accordingly in the event of a gap.

EPIGAP Optronic GmbH
Köpenicker Str. 325 Haus 40
12555 Berlin, Germany