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We shall accept and process all orders in accordance with the conditions stated below. By placing an order with us, the customer expressly accepts these General Terms and Conditions. All agreements, especially also verbal agreements and orders placed by telephone, need to be confirmed in writing by us. We shall not assume any warranty beyond a specifically confirmed warranty.

Opcotec’s General Terms and Conditions shall apply for all customer orders and orders to suppliers. If any conditions of purchase of a buyer deviate from these Terms and Conditions, such purchasing conditions shall not be binding for Opcotec, even if Opcotec does not object to them in writing.

Opcotec offers their products only to companies that acquire the goods or services for their self-employed, professional, commercial, or their governmental or official activities. The seller’s offers are expressly not for consumers. Thus, these General Terms and Conditions need to be construed with this point in mind.

Place of performance and jurisdiction

With respect to agreements concluded with business people, the place of jurisdiction for all disputes arising from and in connection with this agreement – including actions on a bill of exchange and actions on a check – shall be Bad Homburg, Germany; the place of performance for delivery shall be the respective shipping point; for payment, it shall be Bad Homburg, Germany.
The law of the Federal Republic of Germany shall apply exclusively.

Prices, acceptance of an order, obligation to deliver

Quotations made by Opcotec always shall be completely not binding and subject to change. By placing an order, the buyer declares their capacity to pay and creditworthiness. Should founded doubts about the buyer’s capacity to pay or creditworthiness arise after acceptance of an order, Opcotec shall be entitled to request an advance payment or provision of a security before performance of the agreement or to withdraw from the contract.

Any orders that are placed shall only be considered to have been accepted if Opcotec confirms such orders or the order is processed.

The buyer shall have no claim to delivery if delivery cannot be completed due to force majeure, strike, lock-out, delayed delivery of the upstream supplier, and other events, for which Opcotec cannot be held liable. In this case, the buyer and Opcotec shall be entitled to cancel the contract; however, with the exclusion of any claims for damages.

Shipping and insurance

Transport of the goods shall be at the risk of the buyer. We shall not assume any responsibility for any kinds of problems arising in connection with the transport. Insurance for any kind of damage, terms of delivery etc. shall only be provided at the express request of the buyer, and the ensuing expenses shall be invoiced

Delivery

Any circumstances lying outside our sphere of control shall be deemed force majeure and shall relieve us from the obligation of delivery for the duration of the obstruction or even definitively if we so decide; however, the buyer shall not be entitled to put forward any claims against us in this case. This shall include any complications arising through no fault of our own in connection with the acquisition of raw materials and finished products. All quoted and sales prices shall be subject to change. Shipment shall be “ex stock Frankfurt”. Postal charges, railway or forwarding agent costs shall be borne by the buyer.

The delivery dates stated in the order confirmation will be observed as far as possible; however, they shall not be binding. Delayed delivery shall not entitle the buyer to withdraw from the contract or to claim damages. When possibly delayed goods are delivered and accepted without objection, the delivery shall be considered to have been accepted within the time limit and duly. If Opcotec is responsible for a delay in delivery, the buyer shall be entitled to withdraw from the contract in full or in part, provided that buyer granted an adequate period of grace of at least four weeks, which shall take effect when the notification about the period of grace is received by Opcotec. The buyer shall be entitled to assert claims for damages for non-performance only if Opcotec or their vicarious agents caused such damage willfully or by gross negligence. The extended liability stated in Section 287 BGB (German Civil Code) shall be expressly excluded.

Notice of defects

Complaints must be made in writing within one week after receipt of the goods at buyer’s premises. Verifiably defective goods will be replaced free-of-charge. No liability shall be assumed for damage caused by improper use and/or handling.

As a rule, transport damages have to be asserted against the forwarding company or freight carrier. An assessment of damage must be requested from the freight carrier immediately when the goods are being unloaded. Complaints regarding visible defects must be made in writing immediately, at the latest within eight days after receipt of the goods. Hidden defects have to be reported immediately after having been discovered. Any liability for subsequent damage shall be excluded. The period of warranty for defects shall be one year; it shall begin on the date of delivery.

The warranty claim of the buyer shall range from rectification to replacement delivery of articles that exhibit the same or similar quality; however, Opcotec shall decide which measure to take. For this purpose, the buyer shall grant Opcotec sufficient time and opportunity. Compensation for non-performance shall be excluded. The buyer shall be obliged to make the goods they find fault with available and to pack the goods properly and return them by prepaid freight at buyer’s risk following consultation with Opcotec. Opcotec will refuse to accept any goods a buyer complained about if they are returned without prior agreement. The buyer shall not be entitled to withhold or reduce payments because of a notice of defects.

Liability

As a rule, we shall assume liability for damages pursuant to the legal provisions. However, in the case of simple negligent violation of substantial contractual obligations, our liability shall be limited to compensation for typical, foreseeable damages; in the event of simple negligent violation of non-substantial contractual obligations, any liability on our part shall be excluded. The afore-mentioned liability limitations shall not apply for damages arising from injury to life, bodily harm or health or for liability arising from the assumption of a warranty or pursuant to Product Liability Law.

Payment

The invoice shall be due and payable in full 14 days after the invoice date. A cash discount deduction on new invoices shall not be permissible, if older invoices still are outstanding.

Reservation of ownership

We shall reserve the ownership of the goods until the purchase price has been paid in full. Herewith, the buyer, in order to secure the purchase price, shall assign to us in advance all claims arising in the amount of our invoice, including all ancillary rights and security interests, which may arise from a further sale of the goods subject to reservation of ownership.

The prices stated are net prices, i.e. plus turnover tax and plus freight/shipping costs. The quotations are subject to change! Deliveries outside Germany shall be made only against advance payment, documents against payment or letter of credit. Delivery shall be ex works.







General Terms and Conditions
General information We shall accept and process all orders in accordance with the conditions stated below. By placing an order with us, the customer expressly accepts these General Terms and Conditions. All agreements, especially also verbal agreements and orders placed by telephone, need to be confirmed in writing by us. We shall not assume any warranty beyond a specifically confirmed warranty. Opcotec’s General Terms and Conditions shall apply for all customer orders and orders to suppliers. If any conditions of purchase of a buyer deviate from these Terms and Conditions, such purchasing conditions shall not be binding for Opcotec, even if Opcotec does not object to them in writing. Opcotec offers their products only to companies that acquire the goods or services for their self-employed, professional, commercial, or their governmental or official activities. The seller’s offers are expressly not for consumers. Thus, these General Terms and Conditions need to be construed with this point in mind. Place of performance and jurisdiction With respect to agreements concluded with business people, the place of jurisdiction for all disputes arising from and in connection with this agreement – including actions on a bill of exchange and actions on a check – shall be Bad Homburg, Germany; the place of performance for delivery shall be the respective shipping point; for payment, it shall be Bad Homburg, Germany. The law of the Federal Republic of Germany shall apply exclusively. Prices, acceptance of an order, obligation to deliver Quotations made by Opcotec always shall be completely not binding and subject to change. By placing an order, the buyer declares their capacity to pay and creditworthiness. Should founded doubts about the buyer’s capacity to pay or creditworthiness arise after acceptance of an order, Opcotec shall be entitled to request an advance payment or provision of a security before performance of the agreement or to withdraw from the contract. Any orders that are placed shall only be considered to have been accepted if Opcotec confirms such orders or the order is processed. The buyer shall have no claim to delivery if delivery cannot be completed due to force majeure, strike, lock-out, delayed delivery of the upstream supplier, and other events, for which Opcotec cannot be held liable. In this case, the buyer and Opcotec shall be entitled to cancel the contract; however, with the exclusion of any claims for damages. Shipping and insurance Transport of the goods shall be at the risk of the buyer. We shall not assume any responsibility for any kinds of problems arising in connection with the transport. Insurance for any kind of damage, terms of delivery etc. shall only be provided at the express request of the buyer, and the ensuing expenses shall be invoiced Delivery Any circumstances lying outside our sphere of control shall be deemed force majeure and shall relieve us from the obligation of delivery for the duration of the obstruction or even definitively if we so decide; however, the buyer shall not be entitled to put forward any claims against us in this case. This shall include any complications arising through no fault of our own in connection with the acquisition of raw materials and finished products. All quoted and sales prices shall be subject to change. Shipment shall be “ex stock Frankfurt”. Postal charges, railway or forwarding agent costs shall be borne by the buyer. The delivery dates stated in the order confirmation will be observed as far as possible; however, they shall not be binding. Delayed delivery shall not entitle the buyer to withdraw from the contract or to claim damages. When possibly delayed goods are delivered and accepted without objection, the delivery shall be considered to have been accepted within the time limit and duly. If Opcotec is responsible for a delay in delivery, the buyer shall be entitled to withdraw from the contract in full or in part, provided that buyer granted an adequate period of grace of at least four weeks, which shall take effect when the notification about the period of grace is received by Opcotec. The buyer shall be entitled to assert claims for damages for non-performance only if Opcotec or their vicarious agents caused such damage willfully or by gross negligence. The extended liability stated in Section 287 BGB (German Civil Code) shall be expressly excluded. Notice of defects Complaints must be made in writing within one week after receipt of the goods at buyer’s premises. Verifiably defective goods will be replaced free-of-charge. No liability shall be assumed for damage caused by improper use and/or handling. As a rule, transport damages have to be asserted against the forwarding company or freight carrier. An assessment of damage must be requested from the freight carrier immediately when the goods are being unloaded. Complaints regarding visible defects must be made in writing immediately, at the latest within eight days after receipt of the goods. Hidden defects have to be reported immediately after having been discovered. Any liability for subsequent damage shall be excluded. The period of warranty for defects shall be one year; it shall begin on the date of delivery. The warranty claim of the buyer shall range from rectification to replacement delivery of articles that exhibit the same or similar quality; however, Opcotec shall decide which measure to take. For this purpose, the buyer shall grant Opcotec sufficient time and opportunity. Compensation for non-performance shall be excluded. The buyer shall be obliged to make the goods they find fault with available and to pack the goods properly and return them by prepaid freight at buyer’s risk following consultation with Opcotec. Opcotec will refuse to accept any goods a buyer complained about if they are returned without prior agreement. The buyer shall not be entitled to withhold or reduce payments because of a notice of defects. Liability As a rule, we shall assume liability for damages pursuant to the legal provisions. However, in the case of simple negligent violation of substantial contractual obligations, our liability shall be limited to compensation for typical, foreseeable damages; in the event of simple negligent violation of non-substantial contractual obligations, any liability on our part shall be excluded. The afore-mentioned liability limitations shall not apply for damages arising from injury to life, bodily harm or health or for liability arising from the assumption of a warranty or pursuant to Product Liability Law. Payment The invoice shall be due and payable in full 14 days after the invoice date. A cash discount deduction on new invoices shall not be permissible, if older invoices still are outstanding. Reservation of ownership We shall reserve the ownership of the goods until the purchase price has been paid in full. Herewith, the buyer, in order to secure the purchase price, shall assign to us in advance all claims arising in the amount of our invoice, including all ancillary rights and security interests, which may arise from a further sale of the goods subject to reservation of ownership. E-commerce The prices stated are net prices, i.e. plus turnover tax and plus freight/shipping costs. The quotations are subject to change! Deliveries outside Germany shall be made only against advance payment, documents against payment or letter of credit. Delivery shall be ex works.
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