1. general

These Gene­ral Terms and Con­di­ti­ons apply to all deli­veries and ser­vices pro­vi­ded by Opto­Net e.V. to entre­pre­neurs in accordance with Sec­tion 14 of the Ger­man Civil Code (BGB), unless other­wise agreed. These terms and con­di­ti­ons are dee­med to have been accepted at the latest when the ser­vice is orde­red. Devia­ting or con­tra­dic­tory terms and con­di­ti­ons of the cus­to­mer are expressly rejec­ted, unless they have been con­firmed in wri­ting by Opto­Net e.V.. Sub­si­diary agree­ments and amend­ments to these terms and con­di­ti­ons require the writ­ten con­sent of Opto­Net e.V.

2. offer

Offers made by Opto­Net e.V. are sub­ject to change and non-bin­ding, unless other­wise agreed. The infor­ma­tion in our offers does not con­sti­tute a gua­ran­tee of qua­lity. All docu­ments, such as illus­tra­ti­ons, dra­wings or per­for­mance data, are to be regarded as appro­xi­mate infor­ma­tion, unless expressly marked as bin­ding. The docu­ments remain the pro­perty of Opto­Net e.V. and may not be pas­sed on to third par­ties wit­hout con­sent. In the case of ser­vice, rese­arch or deve­lo­p­ment orders, writ­ten dead­lines and pri­ces are appro­xi­mate, as unfo­re­seen chan­ges are pos­si­ble.

3. conclusion of contract

A con­tract is only con­cluded upon writ­ten order con­fir­ma­tion by Opto­Net e.V. or by deli­very or per­for­mance. Amend­ments, sup­ple­ments and sub­si­diary agree­ments require writ­ten con­fir­ma­tion. Adjus­t­ments to the ser­vice by Opto­Net e.V. are per­mis­si­ble, pro­vi­ded they are reasonable for the cus­to­mer. With Vevents such as semi­narswork­shops or con­fe­ren­ces the con­tract is con­cluded by regis­tra­tion; howe­ver, Opto­Net e.V. reser­ves the right to with­draw from the con­tract if the num­ber of par­ti­ci­pants is insuf­fi­ci­ent.

4. cancelations

Can­cel­la­ti­ons are only pos­si­ble with the express con­sent of Opto­Net e.V.. If ser­vices have alre­ady been pro­vi­ded, the costs incur­red up to that point and an appro­priate surcharge for lost income will be char­ged. In case of Events the fol­lo­wing con­di­ti­ons apply: Up to two weekn before the start of the event 100 % of the agreed fee will be refun­ded, after this time no fur­ther can­cel­la­ti­ons are pos­si­ble. It is pos­si­ble to nomi­nate a sub­sti­tute par­ti­ci­pant.

5 Deli­very, per­for­mance and pri­ces

The order con­fir­ma­tion or the offer shall be decisive for the scope and price of the ser­vice. Addi­tio­nal ser­vices not included in the offer shall be invoi­ced sepa­ra­tely. Unless other­wise agreed, deli­veries are ex works and do not include VAT, pack­a­ging and trans­por­ta­tion costs. In the event of delays cau­sed by the cus­to­mer, all deli­very peri­ods shall be exten­ded accor­din­gly. The cus­to­mer is obli­ged to accept a work pro­du­ced for him within 10 working days, other­wise the ser­vice shall be dee­med to have been accepted.

6. ship­ment and trans­fer of risk

Ship­ment shall be at the cus­to­mer’s risk; the risk shall pass to the cus­to­mer upon han­do­ver to the trans­port com­pany. If deli­very is delayed for reasons attri­bu­ta­ble to the cus­to­mer, the risk shall pass to the cus­to­mer upon noti­fi­ca­tion of rea­di­ness for ship­ment. Sto­rage costs after trans­fer of risk shall be borne by the cus­to­mer.

7. pay­ment

Invoices are to be paid within 14 days wit­hout deduc­tion. Pay­ments are only dee­med to have been made when they are cre­di­ted. If the pay­ment dead­line is excee­ded, Opto­Net e.V. reser­ves the right to charge inte­rest and to make fur­ther deli­veries depen­dent on advance pay­ments. Off­set­ting against undis­pu­ted or legally estab­lished coun­ter­claims is per­mit­ted.

8. reser­va­tion of title

The deli­vered goods remain the pro­perty of Opto­Net e.V. until full pay­ment has been made. The cus­to­mer is obli­ged to insure the reser­ved goods appro­pria­tely and to resell the goods only in the ordi­nary course of busi­ness. The cus­to­mer’s claims ari­sing from resale are her­eby assi­gned to Opto­Net e.V..

9 War­ranty and lia­bi­lity

The war­ranty period is 12 months from the trans­fer of risk. The cus­to­mer must inspect the goods for defects imme­dia­tely upon receipt and report them in wri­ting within one week. In the event of timely and jus­ti­fied noti­fi­ca­tion of defects, sub­se­quent per­for­mance will be car­ried out at the dis­cre­tion of Opto­Net e.V. Lia­bi­lity claims are limi­ted to the fore­seeable damage typi­cal for the con­tract, unless Opto­Net e.V. can be accu­sed of intent or gross negli­gence.

10. pro­perty rights

When manu­fac­tu­ring pro­ducts accor­ding to the cus­to­mer’s spe­ci­fi­ca­ti­ons, Opto­Net e.V. assu­mes no lia­bi­lity for the free­dom from third-party pro­perty rights. The cus­to­mer shall indem­nify Opto­Net e.V. against third-party claims unless the damage was cau­sed inten­tio­nally or through gross negli­gence.

Final pro­vi­si­ons

Should indi­vi­dual pro­vi­si­ons of these GTC be inva­lid, the vali­dity of the remai­ning pro­vi­si­ons shall remain unaf­fec­ted. The con­tract is gover­ned by Ger­man law to the exclu­sion of the UN Con­ven­tion on Con­tracts for the Inter­na­tio­nal Sale of Goods. The place of juris­dic­tion is, as far as legally per­mis­si­ble, the regis­tered office of Opto­Net e.V.