Terms and conditions

GENERAL TERMS AND CONDITIONS OF GeSe-GMBH FOR COMPANIES - Valid from 09/02/2017

1. The following conditions are valid for all orders of GeSe-GmbH. General terms and conditions of our customers shall only be part of our contract with our written consent.Subsequent changes to an order, collateral agreementsor any assurances are ineffective without our written confirmation. Repair and service shall be provided and settled in accordance with our own terms of sale, delivery and payment.

2. Offers on the Internet are a non-binding invitation toyou to buy goods. After entering your data and clicking on the order button "purchase for a fee", you make a binding offer to conclude a purchasing agreement. You can also submit a binding order by phone or fax. The immediate confirmation of receipt of your order by email or fax shall not constitute acceptance of the purchase offer. Weareentitled to accept your offer within 20 days of receipt of the offer. After unsuccessful expiry of the aforementioned period, your offer shall beconsideredrejected; i.e. You are no longer bound to your offer. In case of an order by phone, the purchase contract shall only be deemed concluded if we accept your offer immediately.In the case of orders transmitted by data exchange, prices specified by the customer shall be deemed not to have been sent. If, after conclusion of the purchase contract, we become aware of facts which give rise to doubts as to the creditworthiness of the customer, if the financial circumstances of the customer stagnate substantially and compromise payment of our delivery, we shall be entitled to withdraw from the purchase contract if the purchase price is not paid in advance or if collateral for the purchase price is not provided.

3. The notified delivery dates shall be adhered to as far as possible but shall not be binding. We reserve partial deliveries on customer orders.In the event of the occurrence of delivery hindrances for which we are not responsible (operational disruptions, war, import embargo, force majeure, industrial disputes), we shall be entitled to withdraw from the contract in whole or in part or to reasonably postpone the delivery date without the customer being able to derive any claims for damages from this.

4. If the consignment arrives damaged at the consignee, this must be noted immediately on the consignment note of the deliverer (parcel service, freight forwarder, etc.). Complaints made at a later point are inadmissible. If the packaging is faultless but the contents are damaged, or if the number of items in the delivery does not correspond to the shipping documents, the carrier must have a record of the facts drawn up within 6 days. This must be sent to us immediately in writing with a declaration of assignment and the bill of lading so that we can register and process the damage.

5. We shall, at our discretion, remedy the defect or deliver a replacement to the exclusion of all other warranty and compensation claims. If the repair orreplacement fails, the buyer shall be entitled, at his option, to withdraw from the contract or to demand a corresponding reduction in the purchase price. Further claims of the buyer, for whatever legal reasons,shall beexcluded, unless otherwise stated below. GeSe GmbH is not liable for damages not caused to the deliveryitself or for lost profits or other assets of the buyer. Legal liability (product liability) and liability for intent orgross negligence shall not be affected. Incidentally, our liability for breach of contractual obligations of all kinds and for damages resulting from the breach of obligations from contractual negotiations shall be limited to cases of intent or gross negligence.

6. The goods will be shipped by a contracting party of our choice.For orders with an order value of less than EUR 75 excl. VAT, a flat-rate amount for shipping costs will be charged for each order; in the case of subsequent deliveries, no cost sharing will be charged.

7. We expect payments to be made according to the terms of payment specified in our invoices. If the payment period is exceeded, default interest pursuant to § 288 para. 2 BGB plus thecosts incurred by us must be paid. The assertion of a higher damage caused by default shall remain reserved. Offsetting against our claims is only permissible with claims recognised by us or ones that are legally established.

8. A legal right of withdrawal for companies does not exist. A contractual right of withdrawal is not granted.If GeSe-GmbH accepts the return of goods at its discretion, you will receive a return number for the goods. The return is to be carried out in any case free of shipping charges. Returns must be made within 30 days following approval. Deductions are made for missing or damaged packaging and spare parts. As a contribution to the additional administrative costs, a deduction of 20% of the value of the goods, but at least EUR 10 plus VAT, shall be deemed to have been agreed.

9. Cost estimates for repairs shall be charged at a flat rate if the repair order is not placed. The flat rate shall depend on the expenditure which has arisen. If no response to a reminder to the cost estimate occurs, GeSe-GmbH charges a storage fee of EUR 1.5 plus VAT per day and device. GeSe-GmbH charges a flat rate for postage and packing for the return delivery of an unrepaired device.

10. GeSe-GmbH charges a processing fee of EUR 15 plus VAT for the conversion of a chargeable service into a manufacturer's warranty by submitting the necessary receipts.

11. GeSe-GmbH reserves the ownership of the delivered goods until the payment of its entire claim against the customer and the settlement of a resulting balance at the expense of the customer from a current account relationship. The customer hereby already assigns to GeSe-GmbH all claims against its customers to which he is entitled from a sale of the goods, including all secondary claims. As long as the customer fulfills his obligations towards GeSe-GmbH, the customer is entitled to assert the claims himself. If he is in default of payment, he will stop the collection at the request of GeSe-GmbH, notify the customer of the assignment of the claim to GeSe-GmbH, and inform GeSe-GmbH of the customer claim, specified by name of the customers, sold goods, terms of payment and amount of the outstanding claims. GeSe-GmbH is entitled, in case of default of the customer, to notify the customer, as far as known, of the assignment of the claim. If the realisable value of the collateral provided to GeSe-GmbH exceeds the value of the claims to be secured by more than 20%, GeSe-GmbH will release the collateral at the customer's request at GeSe-GmbH's discretion to the extent that the collateral exceeds the claims to be secured by more than 20%. The purchaser is not entitled to dispose of the reserved goods in any other way. In the event of seizure or confiscation of the reserved goods, the buyer must refer to the property of GeSe-GmbH. He must immediately notify GeSe-GmbH of such measures and provide GeSe-GmbH, at his own expense, with the documents and declarations required for intervention. The buyer is obliged to adequately insure the reserved goods against all usual risks, in particular against fire, burglary and water hazards, treat them with care and store them properly. If the buyer does not meet his payment obligations to GeSe-GmbH on time or if GeSe-GmbH becomes aware of any circumstances which give rise to doubts about the solvency or willingness of the buyer to pay, GeSe-GmbH is entitled to take back the reserved goods until payment of the purchase price. If the purchaser is registered in the commercial register as a merchant or if the contract is not subject to the provisions of the Installment Act for other reasons, the return of the reserved goods shall not constitute withdrawal from the contract.

12. Full-services and their scope shall begoverned by the most recent version of our full-service agreement. For a full-service order, the buyer shall receivetheservice agreementincluding the registration data ofthe purchased machines. A separate confirmation of the agreement by the buyerisnot necessary. The leasing of the machinesshall depend on the financing and thus the ownership.

13. Right of revocation for consumers within the meaning of § 13 BGB
If the buyer is a consumer, he is legally entitled to a fourteen-day right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor for self-employment.

14. All orders placed with us shall be governed exclusively by German law; the place of fulfillment and place of jurisdiction for all rights and obligations arising from the delivery contract shall be, as far as permissible, Weißenfels.

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TERMS AND CONDITIONS OF GeSe-GMBH FOR CONSUMERS - Valid from 9/2/2017

1. The following conditions are valid for all deliveries of GeSe-GmbH. Subsequent changes to an order, collateral agreementsor any assurances shall be ineffective without our written confirmation. Repairs and services are provided and settled in accordance with our own terms of sale, delivery and payment.

2. Offers on the Internet constitute a non-binding invitation foryou to buy goods. After entering your data and clicking on the order button "Purchase for a fee", you submit a binding offer to conclude a purchasing agreement. You can also submit a binding order by phone or fax. The immediate confirmation of receipt of your order by email or fax shall not constitute acceptance of the purchase offer. Weareentitled to accept your offer within 20 days of receipt of the offer. After an unsuccessful expiry of the aforementioned period, your offer shall beconsideredrejected; i.e. You shall no longer be bound to your offer. In case of a telephone order, the purchasing contract shall only be deemed concluded if we accept your offer immediately.In the case of orders transmitted through data exchange, prices specified by the customer shall be deemed not to have been sent. If, after conclusion of the purchasing contract, we become aware of facts which give rise to doubts as to the creditworthiness of the customer, if the financial circumstances of the customer deteriorate substantially and comprise payment of our delivery, we shall be entitled to withdraw from the purchase contract if the purchase price is not paid in advance or if collateral is not provided for the purchase price.

3. The notified delivery dates shall be adhered to as far as possible but shall not be binding. We reserve partial deliveries on customer orders.In the event of the occurrence of delivery hindrances for which we are not responsible (operational disruptions, war, import embargo, force majeure, industrial disputes), we shall be entitled to withdraw from the contract in whole or in part or to reasonably postpone the delivery date without the customer being able to derive any claims for damages from this.

4. If the consignment arrives damaged to the consignee, a complaint must be lodged immediately with the deliverer (parcel service, freight forwarder, etc.) by refusing acceptance. If the packaging is faultless and the contents are damaged, or if the number of items in the delivery do not correspond to the shipping documents, this must be communicated within 6 days.

5. In the case of defects,the goods are to be left for inspection. If the repairor replacement fails, the buyer is entitled, at his option, to withdraw from the contract or to demand a corresponding reduction of the purchase price.

6. GeSe GmbH is not liable for damages that did not occur to the delivery item itself. Legal liability claims (such as product liability) and liability for intentorgross negligence shall not be affected. Incidentally, our liability for breach of contractual obligations of all kinds, and for damages resulting from the breach of obligations from contract negotiations, shall be limited to cases of intent or gross negligence.

7. The goods shall be shipped by a contractor of our choice.For orders with an order value of less than EUR 75 excl. VAT, shipping costs shall be charged for each order; no cost sharing shall be charged for subsequent deliveries.

8. We expect payments according to the terms of payment specified in our invoices. If the payment period is exceeded ,default interest in accordance with § 288 para. 1 BGB plus the costs incurred by us must be paid. The assertion of higher damage caused by default shall remain reserved. Offsetting against our claimsis only permitted with claims recognised by us or ones which are legally established.

9. Cost estimates for repairs will be charged at a flat rate if the order for repair is not issued. The flat rate shall depend on the expenditure which has arisen. Should there be no reaction to a reminder to the cost estimate, GeSe GmbH shall charge a storage fee of EUR 1.5 plus VAT per day and device. For the return delivery of an unrepaired device, GeSe-GmbH shall collect an administrative fee in addition to a postage fee.

10. GeSe-GmbH charges a processing fee of EUR 15 plus VAT for the conversion of a chargeable service into a manufacturer's warranty by submitting the necessary receipts.

11. GeSe GmbH reserves the ownership ofthe delivered goods until payment of their entire claim against the customer. The customer herebyassigns all claims arising from the sale of the goods to GeSe-GmbH.

12. All orders placed with us are exclusively subject to German law.

13. Information on consumer mediation according to § 36 VSBG

GeSe-GmbH is not prepared to participate in a dispute resolution procedure before a consumer arbitration tribunal.

14. Cancellation policy

Right of cancellation

You have the right to withdraw from this contract within fourteen days without giving reasons.

The revocation period shall be fourteen days from 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 write us at

GeSe GmbH,
Acting Managing Director Mike Suske,
Gewerbegebiet 1 OT Prittitz,
06682 Teuchern,
Tel. 034445 22444,
Fax. 034445 22666,
Email: Widerruf@GeSe-GmbH.de,

witha clear explanation (e.g. a letter sent by post, fax or e-mail) regarding your decision to withdraw from this contract. Although this is not required, you can use the attached sample withdrawal form.

In order to comply with the cancellation period, it is sufficient for the customer to send the notification of exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of cancellation

By withdrawing from this Agreement, we shall reimburse you immediately, no later than fourteen days from the date on which we received notice of your revocation of this Agreement, for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to execute the refund until we have received back the goods or until you have provided evidence that you have returned the goods; whichever occurs earlier. You must return or hand over the goods to us immediately – in any case within fourteen days of the day on which you notify us of the revocation of this contract. The term is met if you dispatch the goods before the expiry of the fourteen-day term. We bear the cost of returning the goods. You shall be liable for any loss in value of the goods only if such loss in value is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

Sample withdrawal form

To GeSe-GmbH,
Acting Managing Director Mike Suske,
Gewerbegebiet 1 OT Prittitz,
06682 Teutons,
Tel. 034445 22444,
Fax. 034445 22666,
Email: Widerruf@GeSe-GmbH.de,


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified in writing)
Date

(*) Delete as applicable.