1.1 Orders placed by the customer at EMDS represent only an offer to EMDS Dirk Laskowski to conclude a contract. The order confirmation is not an acceptance of the contract by EMDS Dirk Laskowski

1.2 Offers to companies are generally non-binding.

1.3 The acceptance takes place by EMDS Dirk Laskowski with a separate order confirmation or with delivery of the goods

2.1 EMDS Dirk Laskowski delivers from stock to the address in Germany given by the customer. If the customer is an entrepreneur, the risk is transferred to the customer when the goods are handed over to the forwarding agent or when the goods are picked up by the customer, if the goods are ready for dispatch.

3.1 All prices are in euros plus VAT and plus packaging and shipping costs.

3.2 Payments are due immediately and without deduction after receipt of the invoice, unless otherwise agreed or different payment deadlines have been specified on the invoice.

3.3 The delivered goods remain the property of EMDS Dirk Laskowski until they have been paid for in full (hereinafter: reserved goods)

• The delivered goods remain the property of EMDS Dirk Laskowski until all claims against the customer have been met, even if the individual goods have been paid for.

• The business customer is authorized to resell the reserved goods to third parties in the normal course of business if it is ensured that payment is made to EMDS Dirk Laskowski and that ownership is only transferred to the third party when the latter has fulfilled his payment obligations.

• The business customer can, for his part, resell subject to retention of title without the reserved ownership being transferred to the third party.

• The business customer may not pledge the reserved goods or assign them as security without the consent of EMDS Dirk Laskowski. Any processing or transformation of the reserved goods by the corporate customer takes place exclusively in the name and in the interest of EMDS Dirk Laskowki. In the event of seizures, confiscations or other dispositions or interventions by third parties, the business customer must notify EMDS Dirk Laskowki immediately.

• The business customer assigns his claims from the resale of the reserved goods including all ancillary rights in full in advance to EMDS Dirk Laskowski, who accepts this assignment. Until further notice and as long as the business customer is not in default, the business customer is entitled to collect the claims assigned to EMDS Dirk Laskowski himself; However, he is not entitled to use them in any other way, e.g. B. by assignment.

• At the request of EMDS Dirk Laskowski, the entrepreneurial customer must notify the relevant customer of the assignment of claims and EMDS Dirk Laskowski must provide the documents required to assert their rights against the customer, e. B. to hand over invoices and to provide the necessary information. EMDS Dirk Laskowski will release the securities to which it is entitled at the request of the customer at the discretion of EMDS Laskowski, insofar as their value exceeds the claims to be secured by more than 20%.

4.1 The statutory warranty rights apply. The rights from any guarantee are neither excluded nor limited by these terms and conditions.

4.2 If the customer is an entrepreneur, EMDS Dirk Laskowski decides on the type of supplementary performance and Section 377 of the German Commercial Code (HGB) also applies; In the case of a replacement delivery, the cost of dismantling the defective item and the cost of installing the defect-free replacement item are not covered by the claim for supplementary performance.

4.3 Claims for defects by the customer who is an entrepreneur expire one year after delivery.

1.1. If the expected price of the services is not specified when the contract is concluded, the customer can set cost limits.

1.2. Binding cost estimates will only be made on the express request of the customer.

1.3. A cost estimate requested by the contractual partner is only binding if it is submitted by us in writing and designated as binding. The contractual partner will be charged for the services required to submit the cost estimate if the repair is not carried out or they cannot be used when the repair is carried out.

1.4. If it emerges during the repair that the expected costs of the repair exceed the non-binding estimated costs and are not in an economically justifiable relationship to the current value of the item to be repaired, we will inform the contractual partner immediately. The same applies to defects that we only discover when the repair is carried out and that were previously not included in the scope of the repair order.

1.5. After a repair is canceled for which we are not responsible, the item will only be returned to its original condition at the express request of the contractual partner against reimbursement of the costs incurred as a result.

1.6. When calculating the repair, the prices for used parts, materials and special services as well as the prices for labor, travel and transport costs are to be shown separately. If the repair is carried out on the basis of a binding cost estimate, it is sufficient to refer to the cost estimate, whereby only deviations in the scope of services are to be listed separately.

4.1 The customer is obliged to ensure adequate working conditions and safety at the place of repair or assembly.

4.2 The customer is obliged to provide the necessary energy including the necessary connections at his own expense. He has to provide all materials and supplies and take all other actions that are necessary for testing.

4.3 If the customer does not meet his obligations, EMDS Dirk Laskowski is entitled, but not obliged, to take the action in his place and at his own expense.

4.4 The statutory rights and claims of the customer remain unaffected.

5.1 The information provided by EMDS Dirk Laskowski about repair or assembly deadlines is based on estimates and is non-binding.

5.2 In cases of unforeseeable operational hindrances (e.g. work stoppages, procurement difficulties with spare parts, delays in delivery or performance by suppliers) as well as in the event of official interventions, force majeure and labor disputes, pandemic (Corona), binding deadlines are also extended appropriately.

6.1 The customer is obliged to take delivery as soon as the completion has been notified to him. Acceptance cannot be refused due to minor defects.

6.2 If the customer is in default with the acceptance, the acceptance shall be deemed to have taken place twelve working days after notification of completion. If the customer has used the system without acceptance, acceptance is deemed to have taken place six working days after the start of use. In these cases, the customer must assert reservations due to recognizable defects by the times mentioned above at the latest.