Terms and Conditions .

General Terms and Conditions

1. The initiation, conclusion and performance of contracts between C3 GmbH and its customers are governed exclusively by these terms and conditions. These terms, in their current version at any given time, shall also apply to all future business relationships. At the latest upon acceptance of the goods or services, the customer accepts these terms. Any confirmations by the customer referring to its own general or purchasing terms and conditions are hereby objected to.
2. All agreements made between C3 GmbH and its customer for the purpose of executing the contract shall be set out in writing.

1. The offers of C3 GmbH are subject to change and non-binding. Declarations of acceptance and all orders require written or telegraphic confirmation by C3 GmbH to be legally effective.
2. Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed upon in writing.

1. Delivery dates or periods are stated in the respective order confirmation of C3 GmbH.
2. C3 GmbH shall not be in default of its delivery and performance obligations if the customer has not fulfilled its own obligations in a timely and proper manner, which are a prerequisite for the proper and timely delivery and performance by C3 GmbH (e.g. approval of drawings).
3. C3 GmbH is entitled to make partial deliveries and render partial services, unless such partial delivery or service is of no interest to the customer.
4. C3 GmbH shall not be liable for delays in delivery or performance due to force majeure or events that make delivery significantly more difficult or impossible for the seller, even temporarily (in particular strikes, lockouts, failure of its own suppliers to deliver, official orders or similar, even if they occur at the suppliers of C3 GmbH or their sub-suppliers), even in the case of bindingly agreed deadlines and dates. C3 GmbH is entitled to postpone the delivery or performance by the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract in whole or in part with respect to the unfulfilled portion. If the impediment lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the unfulfilled portion. C3 GmbH may only invoke the aforementioned circumstances if it notifies the customer thereof without undue delay.
5. If dispatch or delivery is delayed at the customer’s request, a partial payment of 50% of the total invoice amount of the respective order becomes due immediately. C3 GmbH is entitled to charge storage fees of 0.5% of the invoice amount for each subsequent month or part thereof, beginning one month after notification of readiness for dispatch.

§ 6 Defect Rights

1. The period for asserting claims for defects is 12 months from handover of the product, or in the case of agreed commissioning by C3 GmbH, from acceptance. Consumables and wear parts subject to use (e.g. seals) are not covered by the warranty. Liability for normal wear and tear is excluded.
2. Optical gratings are subject to special conditions due to their properties. Damage and thus restrictions to technical specifications can be caused, for example, by mechanical damage (even merely touching the grating surface with bare fingers is sufficient) or by excessive energy input from incident radiation (e.g. lasers), whereby the cause of destruction can no longer be established after the fact. For this reason, a maximum period of 90 days after delivery applies to these products within which defects must be reported.
3. If operating or maintenance instructions of C3 GmbH are not followed, if modifications are made to the products, if parts are replaced, or if consumables are used that do not correspond to the original specifications, the customer’s claims against C3 GmbH for related defects shall lapse unless the customer refutes the substantiated assertion that one of these circumstances was the cause of the defect.

1. The goods remain the property of C3 GmbH until full payment of the purchase price. Processing or transformation always takes place on behalf of C3 GmbH as manufacturer, but without any obligation on its part. If the (co-) ownership of C3 GmbH ceases through combination, it is hereby agreed that the customer’s (co-) ownership of the unified item transfers to C3 GmbH proportionally by value (invoice value). The customer shall store the (co-) owned property of C3 GmbH free of charge. Goods to which C3 GmbH holds (co-) ownership are hereinafter referred to as reserved goods.
2. Pledging or transfer of ownership by way of security of the reserved goods is not permitted. The claims arising from the resale or any other legal basis (insurance, tort) with respect to the reserved goods (including all balance forms from current accounts) are hereby assigned by the customer to C3 GmbH as security in full. C3 GmbH revocably authorises the customer to collect the claims assigned to the seller on the seller’s behalf in the customer’s own name. This collection authorisation may only be revoked if the customer does not properly fulfil its payment obligations.
3. In the event of third-party access to the reserved goods, in particular in the event of seizure, the customer shall inform the third party of C3 GmbH’s ownership and notify C3 GmbH without undue delay so that C3 GmbH can enforce its property rights. Insofar as the third party is unable to reimburse C3 GmbH for the judicial and extrajudicial costs arising in this connection, the customer shall be liable for these.
4. In the event of conduct by the customer contrary to the contract, in particular in the event of default of payment, the seller is entitled to withdraw from the contract and demand return of the reserved goods.

1. Unless otherwise agreed, invoices from C3 GmbH are payable within 30 days of the invoice date without deduction.
2. The customer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been established by final judgment or are undisputed.
3. If C3 GmbH becomes aware of circumstances that call into question the creditworthiness of the customer, C3 GmbH is entitled to provide the owed services only against concurrent cash payment or to demand advance payments or security.

1. These terms and conditions and the entire legal relationship between C3 GmbH and its customer are governed by the law of the Federal Republic of Germany.
2. The exclusive place of jurisdiction for all disputes arising directly or indirectly from commercial dealings with C3 GmbH is Munich.
3. Should any provision of these terms and conditions or any provision within any other agreement be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.