1. General scope of applicability

Unless otherwise agreed in writing, the following terms and conditions shall apply to all offers, deliveries and performances by MIPLA Lasertechnik Gmbh.

2. Conclusion of the contract

  • The Contract between the Customer and the Company shall come into force only when the Customer has placed an order, and it has been accepted by the Company. The Customer may submit their order by telephone, fax, letter or email. The order is accepted if the Company gives the Customer an order confirmation (by fax, email, or letter), or supplies the goods or services ordered.
  • Written offers made by the Company shall be valid for a maximum of 30 days.
  • Information provided by telephone shall only be legally binding where it has been confirmed in writing.

3. Subject of delivery or performance

  • All the details about services and possible ancillary services which the Company provides to the Customer during the order process are not legally binding. The Company especially reserves the right to make amendments to the design or technology, and to descriptions, imagery and price information. The Company reserves the right to deviate from the offer documents or the order confirmation as a result of the consideration of legal or technical standards
  • The Company is entitled to hire qualified third parties to render contractual services or to replace service providers with third parties.

4. Payment terms

  • Deliveries and services for which fixed prices have not been expressly agreed in advance shall be billed at the list prices valid at the time the service is provided or at the applicable rates on a time and material basis. Changes in raw material prices and currency fluctuations between offer and delivery shall entitle the Company to adjust prices accordingly without additional notification. Furthermore, without express agreement, the Company is entitled to bill a surcharge of 10% of the total price for additional services.
  • All ancillary costs such as insurance, taxes (e.g. VAT, procurement tax, etc.), duties, customs duties, fees for authorisations or certifications etc. shall be borne by the Customer.
  • Unless otherwise agreed, payment is due in full 10 days after the invoice has been issued. The Customer shall be in default without further reminder in the event of non-compliance with the due dates specifically agreed in the contract document (transaction for delivery by a fixed date), in all other cases, after a reminder and expiration of the payment due date specified in the reminder.
  • The Company reserves the right to perform services after receipt of advance payment only and/or to request the Customer pay in instalments. 50% on receipt of the order, 40% on confirmation of notice of readiness; Ex Works delivery at warehouse in Austria once payment has been received, 10% on delivery or receipt of the goods.
  • Where there is a late payment, the Company reserves the right to suspend all work and services until the payment has been received.
  • If the Customer is in arrears or if the Company becomes aware of circumstances which reduce the creditworthiness of the Customer, all payments owed to the Company shall be due immediately. In such cases, the Company shall be entitled to perform outstanding deliveries and services only against advance payment or provision of security, or to withdraw from the contract if the Customer fails to make a payment despite the grace period.
  • In the event of a late payment, the Company shall have recourse to legal action.
  • The Customer has no right of set-off to reduce or delay debts owed to the Company.
  • If the Buyer withdraws from the contract, we are entitled to request compensation for loss in the amount of 30% of the contractual price. We are only obliged to provide evidence of higher loss. The Buyer’s right to prove a lower damage remains unaffected.

5.  Defects

  • The Company shall be liable – on any legal grounds whatsoever – exclusively for damages resulting from the breach of a primary contractual obligation incumbent upon it and exclusively for damages caused by gross negligence or wilful misconduct. The Company shall not be liable for its failure to perform its obligations as a result of force majeure events, pandemics etc. and legal requirements.
  • The Company shall never be liable for any damages as a result of these events, especially profit loss, data loss and restoration, contractual fines or damages, which the Customer incurred as a result of withdrawal from the contract, or shutdowns due to the Customer’s late payments, or for damages arising from improper use of the supplied goods.
  • The Customer is not entitled, without the prior consent of the Company, to withdraw from their claims to the Company or to transfer wholly or in part to third parties the rights and/or obligations arising from the contracts they have concluded with the Company. The same shall also apply to warranty claims.
  • In the event of a complaint, the Buyer is recommended to notify the Seller immediately in writing to explain that the goods are defective and to describe the defect. On the basis of this information, the Seller will be advised on the next steps in the processing of their complaint.
  • The warranty claim shall be voided if the defect was caused by mechanical damage to the product, operation of the product in unsuitable conditions, improper installation, non-compliance with pertinent standards by the Buyer or the person who performed the installation for the Buyer, or if the product was manipulated by an unauthorised person.
  • Defects which are caused by natural disasters or improper use are also excluded from the warranty.
  • The warranty does not cover subjective appraisals of the laser cleaning process. Where there is a legitimate notice of defect, subsequent performance shall be affected at our reasonable discretion either by providing a replacement or remedy. We shall have ownership of replacement parts. If we have not satisfied subsequent performance within a reasonable timeframe, the Buyer may set a reasonable date for us to provide a replacement or other remedy, upon the expiry of which the sales price will be reduced or the Buyer can withdraw from the contract.
  • The Buyer shall have no further claims. The warranty is valid for 12 months.

 

6. Terms of delivery and performance

  • The expenses and risk for the delivery of goods is borne by the Customer (including any custom duties), even if the shipment is split into several parts.
  • The Company is bound by written delivery agreements only. Order amendments – unless otherwise agreed – will result in the cancellation of prior agreed appointments and delivery dates.
  • In cases of force majeure or other events beyond the control of the Company (e.g. pandemics etc.), the delivery and service dates shall be extended accordingly.

 

7. Inspection and notice of defects, Acceptance

  • The Customer is obliged to inspect the goods or services for defects immediately after delivery or performance and to give notice in writing about the visible defects without delay.
  • Goods and services are deemed to be free of defects if the Customer does not report visible defects in writing immediately after delivery or performance of the service, or where they use the supplied products or put them into operation.
  • Defects shall be considered as legally notified where warranty claims have been made in writing and the complaint contains a detailed description of the defect.

 

8. Intellectual property

  • The Company is entitled to all intangible property rights for any services and supplied goods, including their design, every text and every image on their website, and in all publications and documents etc. Copying or any other kind of reproduction or editing is not permitted.
  • The Company shall have the exclusive copyright and usage rights for images (including videos) of cleaning demonstrations.
  • The recipient does not have the right to information provided to the recipient on the basis of test reports, service data, sample cleanings, system configurations, to request, register, submit, or use, in another way, the intellectual property rights such that MIPLA Lasertechnik is blocked from its products and services on the global market.

 

9. Privacy

  • The Company ensures its compliance with the provisions of Austrian data privacy law and other relevant legislation regarding the collection, processing and use of personal data.
  • Customer data required to fulfil an order are used for the purpose of internal market research only. Your data will only be shared with third parties and/or partner companies to the extent necessary for the performance of our services.
  • The Customer agrees to the use of their data for this purpose. Furthermore, they have the right to a copy of the data which we hold about them.

 

10. Jurisdiction and applicable law

  • These T&Cs and the contracts concluded on the basis of these T&Cs shall be subject to Austrian law.
  • The jurisdiction and place of fulfilment is the location of the registered office of the Company.

 

11. Final provisions

  • Offers and sales of goods and services are governed exclusively by the valid version of these General Terms and Conditions at the conclusion of the contract. Furthermore, the Company reserves the right to amend these General Terms and Conditions at any time.
  • These General Terms and Conditions will prevail over any conflicting terms and conditions referred to by the Customer.
  • Verbal agreements have not been made. Any amendments to these T&Cs must be in writing, the same applies to any changes to this written form clause.
  • Where provisions of this Contract are or become invalid, the validity of the remaining provisions of this document shall not be affected thereby. The invalid or unenforceable provision shall be substituted by a provision which is closest to the economic purpose of the invalid provision.
  • These T&Cs come into force in January 2023.