Conditions

of Payment and Delivery for Online Purchases

EMO-Systems GmbH

Rungestr. 19

10179 Berlin

Germany

info@emosystems.de

www.emosystems.de

I. General

  1. The following conditions of payment and delivery apply to all contracts, deliveries and other services provided by EMO-Systems GmbH, Rungestr. 19, 10179 Berlin, Germany (hereinafter EMO), via the EMO online shop. The version of general terms and conditions in force at the time of order shall apply at all times. Our conditions of payment and delivery for machines, systems, equipment and constructions (in German available only) apply for all deliveries and services of non-catalog goods.
  2. Customer provisions deviating therefrom shall be rejected. EMO shall not recognize other conditions without express written consent. All collateral agreements require written confirmation.
  3. The business relationship between EMO and its customers is subject to the laws of the Federal Republic of Germany without recourse to the United Nations Convention on Contracts for the International Sale of Goods (CISG). Jurisdiction shall be in Berlin, provided that the customer is a merchant or a legal entity as defined by public law or by the public separate estate.

II. Contract Conclusion

The purchase contract comes into effect when EMO confirms the order in text form – by letter, via fax or via e-mail. An online purchase can only be carried out after the customer has confirmed his/her recognition of the general terms and conditions and confirmed the contents of the notification of the right to cancel and to return in the order form.

III. Delivery and Transfer of Risk

  1. The goods ordered shall be, provided that nothing else has been contractually agreed upon, delivered to the address provided by the purchaser. EMO reserves the right to conduct a partial delivery, provided that this appears to benefit efficient execution of delivery. Special types of delivery requested by the customer will be calculated separately.
  2. If the customer is a consumer according to § 13 of the German Civil Code, then the risk shall be transferred to the customer upon delivery of the purchased item(s) in accordance with § 446 of the German Civil Code. In all other instances, the risk shall be transferred to the customer upon delivery to the transport company in accordance with § 447 of the German Civil Code.
  3. Specifications for delivery date are not binding, provided that EMO has not contractually agreed, as an exception, upon the date of delivery. EMO shall send those goods which are available in the warehouse within 3 business days. Further temporary delays can happen with the shipment of bulky goods. If the product is not in stock at the time of delivery, EMO shall undertake all efforts to expedite the delivery process as quickly as possible. If failure to maintain the date of delivery or date of service is due to force majeure, trade disputes, unforeseen obstacles or other reasons beyond the control of EMO, then the date will be extended appropriately.
  4. If the customer is a company, then EXW according to INCOTERMS 2000 shall be agreed upon as the delivery form.

IV. Shipping and Packaging Costs

A list of our shipping and packaging costs is available on the shipping costs page.

V. Prices and Payment

  1. The displayed price on the EMO website at the time of receipt of the order shall be valid. This is understood to include the legal sales tax, currently at 19%, in addition to the shipping and packaging costs. For deliveries outside of Germany, no sales tax shall appear on the invoice.
  2. The customer shall receive order confirmation per e-mail with purchases carried out at our online shop. Please be certain to enter your e-mail address and postal address on the order form, so that we can ship the goods immediately after receipt of the invoice amount.
  3. In order to assign receipt of payment, please provide your name and order number or online order number on the deposit slip under note to payee.
  4. Customers can choose to receive goods from EMO either by paying in advance or by cash on delivery. However, first-time customers and customers residing, or with a domicile, outside of the Federal Republic of Germany may only receive delivery by paying in advance. EMO shall draft an invoice which shall either be delivered to the customer upon delivery of the order or shall be sent to the customer via mail.
  5. Deviating from paragraph (4), EMO can, at its own discretion, provide package delivery with the bill inside. In this case the invoice amounts are due immediately after receiving the package.

VI. Right of Cancellation

The customer, provided it is a natural person, may return all received goods ordered online in accordance with the following instructions of cancellation. Before receiving the goods, the customer has an open right of cancellation which may be explained in writing (via letter, fax or e-mail) within two (2) weeks after the order has been placed. The right to return or to cancel does not apply to companies.

Instructions of cancellation:

You may cancel your contract offer within a period of two (2) weeks, without stating reasons, either in writing (via letter, fax or e-mail) or, if the goods were delivered to you before the expiration of the deadline, by return shipment. The period commences after receiving information on the right to revocation. Compliance with the revocation period is deemed to have been occurred upon timely dispatch of the notice of revocation or of the goods.

The notice of revocation shall be directed to:

EMO Systems GmbH

For the attention of the legal representative Friedrich Riemeier

Rungestr. 19

10179 Berlin

E-mail address: info@emosystems.de

Consequences of a revocation:

In the event of a valid revocation, the parties shall restore any goods, services, or monetary amounts they may have received prior to such date and, if applicable, return, restore or refund any profits made or benefits enjoyed through the use of a thing or right (e.g. interest). In the event that you fail to return goods, services, or money received from us, in whole or in part, or if you return goods and/or services in a deteriorated state, you will be liable for compensation up to the actual value. The previous provision shall not apply to goods, if their deterioration was solely caused by their inspection. Please note: you may avoid liability for the compensation for the actual value by not using the goods as if they were your property and by refraining from any acts that may reduce the value of the goods. Items that may be shipped as a parcel shall be returned at our cost and we shall assume liability. Items that may not be shipped by mail will be picked up at your site. Any and all obligations regarding the refund and reimbursement of money must be completed within thirty (30) days. The period begins for the consumer with the dispatch of the notice of revocation or with the dispatch of goods; the period begins for us after receiving said notice or goods.

VII. Retention of Title, Set-Off

  1. EMO retains the title of all goods delivered until all contract stipulations are met; if the customer is legal entity as defined by public law, by the public separate estate or is a entrepreneur practicing his/her commercial or independent professional activity, EMO retains the title of all goods until all outstanding debts from the ongoing business relationship, which are contractually due EMO, have been paid in full.
  2. The rights from §§ 320 and the subsequent paragraphs of the German Civil Code apply to consumers. A set-off is only available for legal entities, if its counter claims are recognized by EMO or are determined to be legally biding. The customer is authorized to exercise the right of retention to the extent that his/her counter claim is based on the same contractual relationship.

VIII. Liability for Defects and Defects of Title

  1. The legal warranty period is two years for all defects.
  2. Provided the customer is not a consumer, as defined in 13 of the German Civil Code, the customer may only place a claim for defective goods delivered or incorrect deliveries, if the customer files a detailed, written claim to the salesperson within one month after delivery.
  3. If the only interested parties are merchants, then §§ 377 and the subsequent paragraphs from the German Commercial Code also apply.
  4. If defects are present and are reported in a timely manner then EMO is authorized to provide subsequent services. The legal provisions regarding the warranty are also valid. The customer is authorized to reduce the purchase price after attempts to remedy the defect(s) have failed.
  5. Sending the notification of defects is relevant for punctuality.

IX. Liability for Damages

  1. Claims for damages in addition to the legal warranty claims, can only be brought against EMO in the event of intentional wrongdoing or gross negligence. This liability disclaimer is not valid in the event of death and injury to body and health, or in the event of a breach of significant contractual obligations. Outside of intentional wrongdoing, gross negligence and death or injury to body and health, EMO is only liable for the amount of foreseeable damage to an extent typical of such a circumstance.
  2. The liability according to the Product Liability Law or other compulsory legal provisions remains unaffected.

X. Data Protection

  1. The customer is aware of and consents to the fact that personal data needed to execute the contract may be saved on EMO storage media. The customer expressly consents to allow EMO to collect, process and use the personal data. Personal data saved by EMO will of course be handled confidentially. The collection, processing and use of the personal data of the customer is carried out while taking due account of the EMO privacy policy, of the Federal Data Protection Act (BDSG) and of the Telemedia Law (TMG). The transaction data will be encoded and transmitted securely. However, EMO is not responsible for data security while data is being transmitted via the Internet (e.g. a technical malfunction on the part of the provider) or in the event of criminal access by third parties to files on the EMO website. Customer log-in access data sent to the customer upon the latter’s request must be treated as strictly confidential by the customer, since we assume no liability for the use and application of these data.
  2. The customer has the right to withdraw his/her consent at anytime, taking effect thereafter. In such an event, EMO is obligated to delete the customer’s personal data immediately. If the order transaction is still open, then the deletion of personal data will take place after completion of the order transaction.

XI. Copyright

All external logos, as well as images and graphics displayed, are the property of the respective company and are subject to the copyright of the corresponding licensor. All photos, logos, texts, reports, scripts and software routines which we develop or format ourselves may not be copied or otherwise used without our consent. All rights reserved.

XII. Severability Clause

In the event that individual provisions, of these general terms and conditions or of the contract supplemented herewith, being or becoming invalid shall not affect the remaining provisions. In the event of invalid individual provisions, both parties shall strive to reach a new agreement that comes closest to the financial purpose of the invalid provision and that takes the interests of both parties into consideration.

Berlin, April 1st, 2008

EMO-Systems GmbH

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