Scope of application
(1) These terms of sale apply exclusively and only to companies within the meaning of § 310 paragraph 1 BGB (German Civil Code). Any terms and conditions of the customer to the contrary or deviating from the terms and conditions of sale shall only be recognised by us if we expressly agree to their validity in writing.
With the order, if necessary with the signature of the delivery note presented by Look Solutions, its representatives or the forwarding agent commissioned by them, at the latest with the acceptance of the goods or service, these conditions are deemed to be accepted.
(2) These terms of sale shall also apply to all future business transactions with the customer, insofar as these are legal transactions of a related kind.
Offers and conclusion of contract
(1) The offers of Look Solutions are subject to change and non-binding. Look Solutions is bound to specially prepared offers for 30 days. Declarations of acceptance and all orders must be confirmed by Look Solutions in writing or by telex in order to be legally valid. If Look Solutions does not refuse acceptance within 4 weeks after placing the order, the confirmation shall be deemed to have been given.
(2) All information, illustrations, dimensions and weights, data or offers are non-binding unless expressly designated as binding in the offer or in the order confirmation.
Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value added tax in the respective valid amount. Costs of packaging and dispatch will be invoiced separately.
(2) Payment of the purchase price shall be made exclusively to the account stated overleaf. Discounts may only be deducted if a special written agreement has been made.
(3) Unless otherwise agreed, the purchase price is payable within 21 days of invoicing.
(4) In the case of a direct debit procedure agreed in writing, the invoice amount will usually be collected from the account two bank working days after the invoice date.
(5) We reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.
Deliveries and delivery times
(1) Delivery dates expressly designated as expected delivery dates in the order confirmation are not binding.
(2) Delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible - this also includes subsequent difficulties in procuring materials, operational disruptions, strikes, lock-outs, lack of personnel, lack of means of transport, official orders etc. even if they postpone the delivery or performance for the duration of the hindrance plus an appropriate start-up period or withdraw from the contract in whole or in part due to the part not yet fulfilled.
(3) If Look Solutions is in default because of non-compliance with binding, promised deadlines and dates, a claim for damages of the buyer is excluded, unless the delay is due to gross negligence or intent of Look Solutions, its legal representative or vicarious agents.
(4) The duration of the period of grace to be set legally by the buyer is set at six weeks, which begins upon receipt of the period of grace by the seller.
Retention of title
(1) We reserve title to the delivered item until full payment of all claims arising from the supply contract. This also applies to all future deliveries, even if we do not always expressly refer to it. We are entitled to take back the object of purchase if the customer is in breach of contract.
(2) The customer is obliged to treat the object of sale with care as long as ownership has not yet passed to him. In particular, he is obliged to insure them at his own expense against theft, fire and water damage at replacement value. As long as the ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered object is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims of the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies irrespective of whether the object of sale has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
Warranty and notification of defects
(1) The customer's warranty rights presuppose that he has properly fulfilled his inspection and notification obligations pursuant to §§ 377 HGB (German Commercial Code). Should complaints arise despite utmost attention, obvious defects are to be asserted immediately, at the latest however within 14 days after receipt of the goods, hidden defects immediately after their discovery according to § 377 HGB, otherwise the goods are considered approved.
(2) Claims for defects become statute-barred 24 months after delivery of the goods delivered by us to our customer.
(3) If, despite all the care taken, the delivered goods show a defect which already existed at the time of the transfer, we shall, subject to giving notice of defects in due time, either repair the goods or deliver replacement goods at our discretion. We must always be given the opportunity for subsequent performance within a reasonable period of time.
(4) If subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration. The customer cannot demand compensation for expenses incurred in vain.
(5) Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear, such as in the case of damage arising after the transition as a result of faulty or negligent treatment, excessive strain, unsuitable equipment (non-original look haze and fog fluids), or as a result of special external influences which are not assumed under the contract. If the purchaser or third parties carry out improper repair work or modifications, no claims for defects shall exist for these and the resulting consequences either.
Test units (only in Germany)
(1) Special agreements and provisions apply to the provision of test or rental and exchange equipment, which are sent to the customer in advance in written form.
(1) The customer is aware and agrees that the personal data required for processing the order will be stored by Look Solutions on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The personal data stored will of course be treated confidentially by Look Solutions. The collection, processing and use of the customer's personal data is carried out in compliance with our data protection declaration and the Basic Data Protection Ordinance (DSGVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time with effect for the future. In this case, Look Solutions is obliged to delete the customer's personal data immediately. In the case of ongoing order processes, deletion takes place after completion of the order process. In all other respects, the data protection information, which can be called here, applies.
(1) The contractor is fully liable according to the legal regulations for damages to life, body and health which are based on a negligent or intentional breach of duty by the contractor, his legal representatives or his vicarious agents, as well as for damages which are covered by the liability according to the product liability law, and for damages which are based on intentional or grossly negligent breaches of contract as well as malice of the contractor, his legal representatives or vicarious agents. Insofar as the contractor has given a quality and/or durability guarantee for the goods or parts thereof, he shall also be liable within the scope of this guarantee. For damages which are based on the lack of the guaranteed quality or durability, but which do not directly occur on the goods, the contractor is only liable, however, if the risk of such damage is obviously covered by the quality and durability guarantee.
(2) The contractor is also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. The same applies if the customer is entitled to claims for damages instead of performance. However, he is only liable if the damage is typically associated with the contract and is foreseeable.
(3) Any further liability of the contractor for the sale of an item is excluded irrespective of the legal nature of the asserted claim; this also applies in particular to claims in tort or claims for reimbursement of wasted expenses instead of performance. As far as the liability of the contractor is excluded or limited, this also applies to the personal liability of his employees, workers, staff, representatives or vicarious agents. The basis for claims under data protection law is not covered by this liability regulation.
(1) This contract and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Wennigsen.
(3) Amendments and supplements to this contract must be made in writing. This also applies to changes to this written form clause. Oral subsidiary agreements have not been made.
(4) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this gap.