General Terms and Conditions
(Current as of: January 2018)
(hereinafter, the provider)
GUIDELINES ON USING LASER PRODUCTS
IT IS NECESSARY TO COMPLY WITH THE RELEVANT LASER SAFETY REGULATIONS! NO LIABILITY IS ASSUMED FOR ANY CHANGES MADE TO ANY DEVICE, SUCH AS MODIFICATIONS IN THE ELECTRONICS, HOUSING OR OPTICS SYSTEMS OF THE DEVICE (SPECIFICALLY INCREASED POWER MODIFICATIONS)! NO LIABILITY FOR DAMAGES CAUSED BY ANY OTHER MISUSE OR MANIPULATION OF THE DEVICE WILL BE ASSUMED. THE PURCHASER IS OBLIGED TO INFORM HIM/HERSELF ON THE ACCURATE USE OF LASERS AND THE LEGAL REGULATIONS IN THEIR RESPECTIVE COUNTRY; AS WELL AS ANY RISKS THAT MAY ARISE FROM LASER PRODUCTS.
For all laser products, the following applies:
Lasers are devices that, due to their specific characteristics, can be dangerous if used improperly. Therefore, special care should be taken when using such devices. Lasers are not toys and do not belong in the hands of children and adolescents.
Eyes are most at risk of suffering laser radiation damage. Laser radiation can cause injuries to the retina or the cornea and/or lead to permanent loss of vision. The skin can tolerate much stronger laser radiation than the eye, but can also be damaged. These injuries consist mainly of burns, which generally heal well.
1. Scope of Application
The services of the provider are made exclusively on the basis of these terms and conditions, in the version valid at the time of the conclusion of the contract. Exclusively these terms and conditions apply. Any terms and conditions of the customer, deviating from these general terms and conditions, are not valid unless the service/goods provider expressly agrees to them.
2. Conclusion of Contract
2.1 The provider concludes contracts exclusively with contractors who act in their specific capacity as entrepreneurial agents. Private individuals are not permitted to purchase items from the service/goods provider's shop.
2.2 By simply ordering goods in our shop, no contract is concluded as yet. Rather, this is considered an offer to purchase until the conclusion of a purchase agreement. We can accept this within 5 days, by sending you a corresponding message (e.g. via email) or by delivering the ordered goods.
3. Prices, Payment, Arrears
3.1 The prices listed on the website at the time of ordering apply. Unless otherwise stated, the prices quoted are in euros. The prices are quoted ex warehouse Würenlos in Switzerland. All prices are subject to the statutory VAT. The freight and packaging costs are calculated according to actual cost and must be borne by the customer. Customs and import taxes are to be borne by the customer unless subject to deviating agreements or statutory provisions.
4. Delivery Obstacles and Transfer of Risk
4.1 If the supplier is unable to deliver the ordered goods due to no fault of his/her own, due to the supplier's supplier not fulfilling his/her contractual obligations, the customer will immediately be informed that the ordered goods are not available. Services already rendered by the Contracting Party shall be reimbursed without delay. The legal rights of the customer remain unaffected.
4.2 The risk of deterioration or loss of the goods passes to the customer upon delivery of the item to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer/purchaser on the day of notification of the item's readiness for dispatch. Deliveries can be insured at the request of the recipient for an additional charge.
5. Special Conditions for Lease Agreements
5.1 The service/goods provider offers certain items on his/her website for lease. The lease period is agreed on case by case.
5.2 A transfer/sublease to third parties is not permitted unless the provider has previously given his/her express consent. The customer is obliged to treat the leased item carefully and conscientiously. The customer is not entitled to make technical changes to, or to technically modify the leased item. Before using the leased item, the lessee must familiarize him/herself independently with the usage instructions of the rented item.
5.3 It is up to the lessee to provide the water and electricity connections and mounting options (eg traverses or platforms), to obtain all requisite permits and to register the laser system with the relevant authorities.
5.4 The lessee is responsible for obtaining the necessary permits, concessions or licenses for the proper operation of the installation/s, and for paying any associated fees.
5.5 The lessee is liable for theft and all damage to the equipment belonging to Güller AG from the time that the system arrives at the venue until it is loaded back into a Güller AG vehicle. In the case of the lessee picking up the equipment, liability is transferred to the lessee from the moment he/she receives the equipment until it is returned to Güller AG. Furthermore, the lessee is also liable for damage to the system caused by faulty electrical or mechanical installations.
5.6 If the lessee does not fulfil one of the listed conditions for proper operation, and the facility can therefore not be operated, the lessee shall nevertheless owe the full rental fee.
5.7 If Güller AG cannot fulfil its obligations for any reason (defective equipment, accident, traffic jam, etc.), the lessee will be refunded the rental price, but any further liability such as damages, etc. are excluded, unless there is a case of mandatory contractual or legal liability.
6. Cancellation of Leases and Termination of Contract
6.1 If the lessee withdraws from the lease for a reason beyond Güller AG's control, he/she is obliged to pay the following compensation to Güller AG:
· >30 Days before the beginning of the lease, 15% of the agreed fee
· >20-30 Days before lease period, 25% of the agreed fee
· >10-20 Days before the beginning of the lease,40% of the agreed fee
· >3-10 Days before the beginning of the lease,60% of the agreed fee
· < 3 Days before the beginning of the lease, 80% of the agreed fee
6.2 If the service/goods provider asserts one of the above lump-sum compensations, no further proof of damages is required. Güller AG reserves the right to prove higher damages (e.g. for modules specially made or purchased for the lessee, or custom-made and programmed laser shows). The lessee reserves the right to prove lesser damages. For the date of termination, the acknowledgement of delivery of correspondence at Güller AG, i.e receipt of the lessee request for termination, shall prevail.
6.3 The lease can be terminated by both parties for good cause, with immediate effect. For the benefit of Güller AG, an important reason is, in particular, if the economic situation of the customer has deteriorated significantly, in particular, if foreclosure and seizure measures have been initiated against him/her. Alternatively, if bankruptcy proceedings or an out-of-court settlement procedure is requested.
7.1 The service/goods provider is liable to the customer for all contractual, contract-related and legal claims, including tortious claims, for damages and reimbursement of expenses as follows:
7.1.1 The service/goods provider is liable for any legal reason, unrestrictedly, in case of intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee, unless otherwise stipulated in this regard, or due to mandatory liability such as the Product Liability Act.
7.1.2 If the service/goods provider negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the service/goods provider, in accordance with its content, for the purpose of achieving the objective of the contract, the fulfilment of which would enable the proper execution of the contract in the first place, and on the compliance of which the customer may faithfully rely.
7.1.3 Over and above this, the service/goods provider's liability is excluded.
7.1.4 The preceding liability regulations also apply to the liability of the service/goods provider for its vicarious agents and legal representatives.
7.2 The customer indemnifies the provider from any third party claims, including the costs of a legal defence in the statutory amount, which may be asserted against the services/goods provider on the basis of actions taken by the customer, which are contrary to the law or the contract.
8. Data Protection
9. Instructions on Laser Safety and Laser Protection
9.1 The ordering party and the user are responsible for the operation of lasers and devices containing a laser of any shape or form. The customer and user must be aware of the dangers of handling lasers.
9.2 An acknowledgement and requisite knowledge of the relevant hazard class of a laser product, is necessary. The purchaser confirms with his/her purchase, that he/she has sufficiently informed him/herself about the risks and dangers of using lasers, and uses the laser exclusively subject to his/her own responsibility.
9.3 It is the purchaser's responsibility to find out about the regulations and laws governing the use of lasers (for Switzerland, for example, see http://www.bag.admin.ch/themen/strahlung/).
10. Final Provisions
The law of Switzerland is applicable, excluding the UN Sales Law. Jurisdiction is Würenlos, Switzerland.