General Business Terms and Conditions of

1. General

1.1 Scope of the General Business Terms and Conditions
The following General Business Terms and Conditions (GBTC) of Alpha Photonics GmbH & Co KG (hereinafter Alpha Photonics) regulate the contractual relationship between Alpha Photonics and the buyer (hereinafter customer). Other terms and conditions are not applicable.

1.2 Agreement conclusion
The offers of Alpha Photonics do not state any binding offer, they state however an invitation to a possible offer for customers. Thus, all information and prices are given without any obligation. The contract is accomplished by receiving our order confirmation, which is based on our General Business Terms and Conditions. If the delivery has been made before the receipt of the order confirmation by the customer, consequently a legally binding contract has taken place. Also is Alpha Photonics able to confirm or not confirm an order without any reason. Furthermore is Alpha Photonics able to cancel a contract for important reasons after the order confirmation.

2. Delivery Terms

2.1 Deliveries and Delivery Periods
Products available on stock, are dispatched promptly. Usually, the customer receives the ordered product within 7 working days with PRIORITY shipment – against receipt. Estimated delivery time for products which are not available on stock, is indicated on the order confirmation. Alpha Photonics is committed to meet the stated delivery date. Nevertheless, Alpha Photonics provides no guarantees to meet this date. In the event of non-compliance of the delivery deadline, the customer has the right to withdraw the contract only after a appropriate grace period. The enforcement of claims for compensation by the customer are excluded.

2.2 Partial Deliveries
Generally Alpha Photonics delivers the complete order. Besides, the customer agrees to accept partial deliveries. The customer is not entitled to make customers obligations from partial deliveries dependent from the entire order.

2.3 Delivery Commitments and Liability of Risk
Alpha Photonics is committed to dispatch all products ex stock (place of fulfillment). Alpha Photonics has fulfill all of its dispatch-obligations by shipping ordered products with registered mail and a return receipt signed by customer. Thus all liability and risk passes to the customer.

2.4 Delivery costs
We ship free of charge within Germany from an order value of 500,00 EUR and worldwide from 3.500,00 EUR. For orders under these amounts Alpha Photonics charges shipping costs which are based on our shipping costs table. Alpha Photonics bear the extra costs for partial deliveries.

2.5 Return and Exchange
The customer in the sense of § 13 BGB posses a 14 days right to return (within the European Community and Switzerland) regularly ordered goods. The goods that are individually made/ordered to customer specifications or clearly tailored to personal needs are not subject to a general right of return. The customer bears the cost of the return shipment. The returned goods have to be undamaged, functionally working, complete, in its original fault-free packaging – including the original copy of the invoice and required information on the certificate of guarantee. The returned goods should be sent with an insured dispatch on the following address: Alpha Photonics GmbH & Co KG, Friedensstrasse 20, 63179 Obertshausen, Germany. The return of expendable items is only possible in its unopened original packaging. Are the goods sent proper and until the due date, Alpha Photonics will transfer the resulting amount on your banking account or pay the amount out in cash in our business premises. If there are substantiated/verifiable costs which are connected with the return of goods, Alpha Photonics has the right to deduct this costs from the reimbursed amount.

3. Conditions of Payment

3.1 Prices
All prices for private persons are including VAT in EUR (sales tax prescribed by law), packaging, or other legal tributes and taxes. The prices for commercial partners are net in EUR and exclusive VAT, this is indicated in the order confirmation (proforma invoice) and the original-invoice. The shipping costs are listed separately under delivery costs.

3.2 Means of Payment
As a means of payment Alpha Photonics is accepting following instruments: Prepayment (payment happens before shipping) in cash in our business premises or via bank transfer. Other means of payment are only possible after an explicit written agreement. Alpha Photonics demands a 50% prepayment of orderings which are connected with delivery times.

4. Reservation of Proprietary Rights
Products remain the property of Alpha Photonics until a payment in full has been made.

5. Guarantee

5.1 Notification Duty
It is the customers duty to check all delivered products for visible defects immediately after delivery and to give a notice of them within 8 days via E-mail, or in written form via mail, otherwise the shipment is considered as valid. The original invoice copy or delivery note has to be attached.

5.2 Transportation damages reporting
Damaged deliveries should be accepted with reservation. The customer is required to complain about delivered products with apparent transportation damage to the deliverer. Alpha Photonics assumes no liability for transportation damage.

5.3 Guarantee Coverage
a) Alpha Photonics grants, if not stated otherwise, 5 years guarantee from the receipt of the parcel. Excluding Commercial Grade tubes and devices equipped with Commercial Grade tubes – this products are covered by a 2 years standard guarantee.
b) The guarantee is limited to evident manufacturing or/and material defects. The guarantee takes place according Alpha Photonics option – either reparation, replacement or compensation of the objected defective item.
c) The guarantee does not cover the wear and tear of following parts: consumables, batteries and transportation damages, damages caused by unauthorized manipulation, modification, improper operation, insufficient care and cleaning, excessive wear and defilement, usage of wrong cleaning materials, as well as liquid and acid damages. Moreover, the guarantee does not cover devices with removed serial number.
d) The assertion of additional legal or material claims, violation of contract – in particular right to establish claims for cancellation/annulment, mitigation or compensation (personal injury, property damage or financial loss) are explicitly excluded.
e) The guarantee claim should be proven by submitting the original invoice.
f) The customer has to pay the expenses for return to Alpha Photonics. The return expenses to the customer is covered by Alpha Photonics.

6. Data security

Alpha Photonics assures that the customers data is treated in accordance with the German data protection law. Customers data which serves to realize the ordering process can only be used for internal marketing purposes. The data will be transferred to third parties only if it is necessary for the reason of order execution. The customer hereby confirms to the processing of data as described above.

7. Final Clauses

7.1 Validity
The version of our General Business Terms and Conditions (GBTC) that was applicable at the time of the conclusion of the contract shall also apply to all future legal transactions with the customer. In the case of delivery outside the German federal territory, the customer is obligated to know the law provision of destination country. The customer is also liable for the infringing of the local law.

7.2 Partial invalidity and amendments
Should individual regulations of the present General Business Terms and Conditions and terms be or become invalid, the validity of the remainingregulationswill remain inviolate. In place of the invalid regulation, a substitute regulation that will approximate the economic purpose of the invalid regulation as closely as possible and is legally sound is to be agreed on. Alpha Photonics reserves the right to update and modify the General Business Terms and Conditions at any time with immediate effect.

7.3 Applicable Law and Place of Jurisdiction
German federal law applies to all parties of contract between Alpha Photonics and the customer. For all claims from business relations and the contract, in particular our deliveries, the place of jurisdiction is the registered location of Alpha Photonics.

State: 2019-01-02

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