General Terms

Our offer is only for B2B business.

I. General

The following terms of business shall apply for every order. Other terms of business shall only be binding for us if we recognise them in writing. If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

Orders and oral agreements require our written confirmation to be binding.

Our offers are subject to alteration, unless they are specifically declared binding. Statements of expected costs are not binding. The prices are to be understood ex works without packaging.

We reserve the right to change prices proportionally if after closing an agreement the costs of materials, personnel and/or the rate of exchange change.

If an order is cancelled by the Orderer or Hirer, which requires our consent, our actual costs but at least 25 % of the net order value shall be paid to us.

We reserve our exclusive rights and claims to any drafts, tracings, pictures, drawings, tables, circuit diagrams and any other production documents of our wares that may be sent or shown to any Orderer or potential Orderer. Such drafts, tracings, pictures, drawings, tables, circuit diagrams and any other production documents may not be given, shown to or otherwise brought to the knowledge of any third party without our express prior written consent. They are to be returned at any time if so requested by us.

II. Delivery

We endeavour to meet delivery and performance dates; however, we are entitled to reasonably extend such deadlines, especially when there are delays such as for prior order clarification with the Customer as well as for such arising while processing an order. Information on delivery dates refer to the shipment of the goods from the works or respectively to the preparedness to accept and are hence subject to alteration if nothing else is expressly written.

Force majeur and other events for which we are not at fault that may keep the order from being carried out smoothly and in particular a delay of our suppliers' deliveries, strikes, scarcity of energy or materials entitle us to extend the delivery or to rescind the agreement in whole or part without giving rise to claims on the part of the Customer. This shall also apply if mentioned events occur at a time when we are already in default of delivery.

Partial deliveries shall be allowable for us at the terms of the entire order. Partial invoices are also possible.

For repair work we are also entitled to repair such defects as are not noticeable until after beginning work. Instead of repairing we may also deliver objects of equivalent value in exchange. Replaced parts will not be returned.

Without previously informing the Customer we are also entitled to have service or maintenance orders carried out by third parties.

III. Shipping

Shipping is done at the customers' expense and risk and, unless otherwise directed, transport insurance will only be closed at the Customers' express wish and expense, except when at our discretion deemed essential. Even when transported by us, transport insurance may be necessary.

We assume no responsibility for the cheapest shipping.

We reserve the right to ship from another place in the Federal Republic of Germany by our choice and not from the place of fulfilment as defined in section XI.

IV. Complaints, Defects, Acceptance

Complaints about incomplete or false shipments or recognisable defects must be reported in writing and without delay and within 15 days of receipt of the goods at the latest. Other defects are to be reported immediately upon discovery. When reporting defects their correction free of cost must also be requested.

If complaints or defects are not reported promptly warranty claims are excluded. For prompt reports we shall only be responsible for replacement or respectively for warranty as set out in section V.

Work performed generally requires a formal acceptance as is to be requested from the customer. The acceptance shall be presumed as effected 10 days after completion and 3 days after commissioning the work performed.

V. Warranty

1. We warrant all assured characteristics and a lack of defects corresponding to the respective state of technology. Changes in construction or design that we generally perform on goods before delivery shall not be deemed a cause for complaint.

2. The warranty period begins with the shipment of goods and generally lasts 6 months – far as through legal regulation of the Federal Republic of Germany not otherwise lay down. Goods produced by other suppliers are excepted from this and have a shorter period of warranty such as disc drives (warranty period 90 days), objectives, head wheels etc. for which the warranty periods of the producers shall apply. We assume no warranty for used equipment unless expressly agreed upon in writing.

3. Type of Warranty

a) The warranty includes either repair or replacement of the defective product as we choose. Replaced parts become our property.

b) The defective product is to be sent to us for repair or to a repair service shop in the area recognised by us. The transport costs to and from there shall be at the Customers' expense. Transport insurance as in III,1.

4. There shall be no claim for cancellation or price reduction unless we are unable to repair the defect.

5. Warranty responsibility shall cease when the object delivered is changed by someone else or by the installation of parts of other origin unless the defect was not in any way caused by the change. It also ceases if installation and maintenance instructions are not followed.

6. Normal wear and tear and damage due to improper treatment is excluded from the warranty. Data security in any data storage is the customers' responsibility. In particular we are not liable for changes in condition or function of our products due to improper storage or climatic or other influences.

7. The warranty does not include such defects due to defective design or materials that the Customer has prescribed despite previously being warned against.

The period of warranty is not extended or renewed by repair or delivery of a replacement.

8. For difficulties resulting from the stipulations of business legal protection for resale or the use of our products or the goods sold by us, we reject responsibility and in particular claims for compensation.

VI. Liability

To the extent that there are no provisions included in these business terms, there shall be no other Customers' claims for compensation, in particular such for default on contractual fringe rights and default of negotiation duties, except as compulsory by law.

VII. Export

The goods supplied by us may not be exported to other countries than the Common Market in a disassembled state without our written permission.

In case of a violation of this we are entitled to cancel current orders besides claiming damage compensation.

VIII. Cancellation

For commercial customers, companies, freelancers and the self-employed applies in general no right of withdrawal. Our offer is for B2B customers only.

Our offers are aimed exclusively at entrepreneurs. We do not conclude contracts with consumers.

The following right of withdrawal applies exclusively to private customers.

You may cancel your contract with us within fourteen days without giving any reason. The cancellation period begins on the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must, VISION2see GmbH, Paulsdorfferstr. 34, by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. The information must reach us before expiry of the right of withdrawal.

The right of withdrawal is excluded for deliveries of:

a) Prefabricated goods, the production of which is determined by an individual choice or determination by you,

b) Goods tailored to your personal needs,

c) computer programs, in a sealed package, when the seal has been removed after delivery. This also applies for license keys sent via email. Anchored in BGB §365, paragraph 5. "The right of withdrawal expires in a contract for the delivery of digital content that is not on a physical data carrier even if the entrepreneur has started to execute the contract."

d) goods with visible signs of wear so that they are no longer considered as new.

Consequences of the cancellation

If you cancel this agreement, we will repay the payments you have received, including delivery charges (excluding any additional costs, eg if you have chosen a different delivery method than our most favorable standard delivery), within fourteen days from the date on which received the notification of your withdrawal of this contract from us. For repayment, we use the means of payment used in the transaction, unless otherwise expressly agreed; Fees will not be charged to you for this refund. We can refuse to pay back until receipt of the goods or proof of return.

The goods must be sent to us within the period of 14 days.

The direct costs of the return are to be borne by you.

For a loss of value of the goods incurred, you must pay if this is due to a handling of the goods or with the packaging, which would not have been necessary for testing the specified properties and functionality.

IX. Reservation of Title

We reserve title to the delivered goods until complete payment of all claims due to us from the business relationship regardless of legal basis.

The Customer is entitled to process our products or their connection with other products within the scope of his regular business. To secure our claims we gain joint title to the objects generated by processing our products with other products according to number VIII,1 which the customer transfers as a stipulation of purchase. The Customer will keep the objects subject to our joint title free of charge. The portion of the joint title corresponds to the value of our product in comparison with the value of the object arising from the processing.

Resale within the scope of regular business requires our written approval. If granted this approval becomes void in the event of cessation of payment on the part of customer. As a condition of sale the Customer transfers to us all claims arising to him including peripheral rights. The transferred rights serve as security for all claims defined under No. 1. The Customer is entitled to collect the transferred claims as long as we have not revoked this empowerment. The right to collect also expires without express revocation if the Customer ceases to make payments. At our request the Customer shall promptly inform us to whom the goods have been sold and which claims are still open from the sale as well as issue us notarised statements of the transfer at his own expense.

The Customer shall not be entitled to any other disposition of the property under our reserved title or joint title or of the claims transferred to us. The Customer shall immediately inform us of liens and other infringements of the objects under our sole or joint title.

We shall at any time be entitled to request hand-over of the goods belonging to us if the Customer falls in default of payment to us or if there is an essential worsening of liquidity. If we avail ourselves of this right our right to rescind the contract shall only be deemed as exercised if expressly so declared, except as compulsorily required by law.

If the value of the securities for us exceeds our claims by as total of more than 20 % we will at the Customers' request waive such a corresponding share of the securities as we choose.

If the reservations of title as above No. 1 to 6 should be invalid in a foreign state the Customer is obligated to co-operate in all measures to achieve equivalent security for us as above in numbers 1 to 6, in particular to make any statement necessary.

X. Payments

Unless otherwise agreed upon the Orderer owes payment in Euro (EUR) for deliveries and services even if the invoices show amounts in foreign exchange. Foreign exchange in the form of transfers, cheques, bills of exchange etc. shall be credited to the amount in EUR we get for the amount of foreign exchange.

Payments are to be made according to the terms of payment agreed upon. Service invoices shall always be due immediately upon receipt. In the absence of specific agreements the opening of a certified divisible irrevocable documentary letter of credit shall be payable in EUR at a major bank in the Fed. Rep. of Germany at least 90 days before the delivery date agreed upon and 30 days after order confirmation - depending upon the delivery time.

Payments will be credited against the oldest invoice due.

If the Customer is in default of payment or his solvency seriously worsens we may demand immediate payment of all claims, even such as have been granted a longer period for payment. This shall also apply when we have accepted cheques or bills of exchange. Under such circumstances we demand advance payment or security for all current orders. Claims based on § 326 BGB remain in effect.

In case of default of payment and without preclusion of other rights we may claim interest to the amount of 4,5% above the respective discount rate of the German Federal Bank.

Without a proper check of the VAT number, we are not allowed to issue invoices to other EU countries without VAT.

Our training offer is tax-deductible as a service. Therefore, unlike in the case of goods dispatch, we are always obliged to charge 19% VAT.

XI. Equipment Rentals

The hirer shall be liable according to the general terms for liability if the equipment is damaged or if he is otherwise in default of obligations. In particular the hirer shall return the equipment in the same condition as he received it. The hirer's liability shall also cover peripheral damage like the costs of appraisal, loss of value, lost rental revenues etc.

In the event that the agreed return date is exceeded, the hirer has to pay a compensation for use. The amount is 1% of the borrowed unit list price per day. The maximum compensation of use is 100% of the list price of the borrowed equipment. The hirer always has the right to buy the equipment for list price from us. Any compensation for use will be credited to the list price.

Unless otherwise agreed, the passing of risk starts with the delivering of the device. From this moment the hirer is reliable for any damage to the device, as well as for the loss. The return has to be organised, paid and insured by the hirer.

The equipment has to be returned in the original packaging in an undamaged and proper condition. All delivered accessory has to be sent back in the same proper and undamaged condition as it comes to the hirer. Any missing or damaged parts will be charged.

Please do not use the device packaging as a shipping box unless it is made for that use.

XII. Place of fulfilment, court of venue, applicable law

Place of fulfilment and court of venue is Munich, Federal Republic of Germany.

We shall also be entitled to enter litigation at the court which is competent for the seat of business of the Customer.

The law of the Federal Republic of Germany shall apply for the delivery and service relationship.

Disposal according to the Electrical and Electronic Equipment Act

The client assumes the obligation to dispose of delivered goods that fall under the Waste Electrical and Electronic Equipment, properly after use or its´ other customers at their own expense by the statutory provisions.

If the customer provides us as per the terms under Â section 10 para 2 of the Electrical and Electronic Equipment Act (take-back obligation of manufacturers) and related claims by third parties free.

The claim by us to the transfer/exemption by the customer is not barred before the expiry of two years after the final termination of use of the device. This period begins at the earliest with access of a written notification of the customer and/or its´ customers with us about the termination of use.

XII. Cancellation