General Terms and Conditions

All transactions of Penteq shall be subject exclusively to the following terms and conditions, unless otherwise expressly agreed in writing for individual points. Should individual points of these terms and conditions not be valid, this shall not invalidate the validity of the other contractual points.

Orders

Our terms and conditions of purchase apply exclusively to our orders. Orders must be confirmed with an order confirmation within three working days. The order quantities must be adhered to. In individual cases, partial deliveries are permitted by agreement. In the event of faulty or completely incorrectly delivered goods, the supplier is obliged to make an immediate replacement delivery. If rectification of defects by us is necessary and possible in urgent individual cases, the supplier shall bear the resulting costs. In the event of changes to the type of material, material composition, surface quality, etc., we must be informed in advance, otherwise we are not obliged to accept the goods. Return shipments on our part are always carriage forward, at the expense and risk of the supplier. Orders are to be delivered carriage paid, including packaging and - if necessary - including insurance, on the agreed delivery date. If the agreed delivery date is exceeded, we must be informed immediately

Guarantee

The limitation period for rights in the event of defects for machines and systems is 24 months after initial commissioning, max. 26 months after readiness for dispatch. The claim arising from this right and within this period includes material (excluding wearing parts and resonator-external optics, mirrors and laser pointers) and labour. Travelling time and travelling expenses will be charged at cost. Costs for transport and customs clearance of spare parts are not included and will be charged at cost. The customer shall be responsible for delivery to Penteq. Penteq shall be responsible for return deliveries of warranty repairs. Rights in the event of defects can only be asserted if all installation and commissioning, maintenance and repairs are carried out by our personnel or by trained personnel of the customer within the limitation period. Claims for defects on the part of the customer presuppose that the customer has properly fulfilled his statutory obligation to inspect the goods and give notice of defects. Spare parts and repairs are subject to a warranty period of 6 months from the date of delivery or performance.

Software warranty

All programmes are carefully created and tested. Our warranty obligation is limited exclusively to the rectification of errors within a reasonable period of time, whereby the instruction to circumvent the effects of a defect in the software shall also be deemed sufficient rectification. The prerequisite for error correction is that the effects of the error are reproducible, have been sufficiently described by you and the error has been reported to us immediately.

Data import

Requirements for files for laser processing: PLT (HPGL) files are best suited for laser processing. Alternatively, AutoCAD Dxf files can also be used under certain conditions. Pixel graphics such as BMP, JPG and GIF files can also be imported, but have special requirements and should only be used for photos/images.

Note on the .dxf format from Autocad: Due to ongoing new functions, there may be restrictions when importing .dxf files. It is not possible to import 2.5 and 3D objects. After importing, it may be necessary to edit the properties and size.

Only the content intended for laser processing without dimensions, frames, etc. is to be imported.

The objects should first be hatched in the laser software. Ensure that the contours are closed!

When importing objects with several levels, these must be merged beforehand.

To achieve optimum quality, the objects should be available at a scale of 1:1.

Laser processing of customer parts

Before laser processing customer parts, application samples must always be created. Furthermore, material tests are required in advance for new, customer-specific materials or materials unknown to us. Penteq is not liable for any specific appearance. When processing customer parts, the customer must ensure that sufficient parts are made available for set-up and material tests after consultation. Otherwise, the customer shall bear the risk for the parts that must be used for application and set-up purposes prior to processing. Even slight variations in the material composition or surface finish can result in significant differences in the laser processing results and do not constitute grounds for complaint. In this case, the customer bears sole liability for all damage. The same applies if the parts made available to us in advance for material tests do not correspond in shape and quality to the series parts subsequently delivered.

Complaints

In the event of justified complaints in connection with our processing of customer parts, we undertake to rectify the defect or supply a replacement. We must be granted the necessary time to rectify the complaint.

Presentations

We reserve the right to use sample parts processed by us for presentations of any kind, unless the customer expressly objects to this right in writing.

Limitation of liability

In principle, liability for consequential damage of any kind is excluded.

Liability is limited to the respective scope of the order. We accept no liability for damage caused by changing material compositions or fluctuations in the surfaces to be processed, for damage that may occur due to external influences, such as sudden power failure or other faults, or for statements made by subcontractors about materials and their properties, in particular surface finishes, etc. Material properties assured by our subcontractors and suppliers must be checked by the customer on a case-by-case basis using advance samples provided. We are not obliged to check the statements made by the respective supplier about delivered materials or parts. This also applies if consequential damage occurs that was not recognisable during the actual processing.

Terms of delivery

Unless otherwise agreed, deliveries are ex works Klagenfurt - Ebenthal, (Austria), plus packaging and shipping costs. After consultation with the customer, consignments will be insured. The costs for this shall be borne by the customer. We reserve the right to choose the form of despatch that is most favourable for us in terms of price and time.

Delivery times

Transport times are not part of our delivery times. If our subcontractors are demonstrably responsible for delays in delivery, we accept no liability for any problems arising for the customer as a result. If there is a delay in delivery for which we are responsible due to disruptions in the operational process, the customer must set a reasonable grace period. If the customer cancels the contract without having set a reasonable deadline for subsequent delivery, the customer shall be liable for any costs incurred by us as a result.

Order cancellation

If an order is cancelled after we have ordered the materials and/or external services required for the overall scope of the order, the customer shall bear the full costs incurred.

Terms of payment

Our invoices are due for payment within 10 days of the invoice date, without deduction, unless a different payment period has been expressly agreed with the customer in writing. In individual cases, invoices are due for payment immediately upon collection or delivery.

Place of fulfilment and jurisdiction

The place of fulfilment and jurisdiction is Vienna (Austria).

In all other respects, the generally applicable statutory provisions shall apply.

Vienna, 01 February 2018