General conditions

General conditions for individual orders

1. Scope, form

(1) The following general terms and conditions ("T&C") apply to all business relations between NIKO Technologies Ltd. ("LaserMaster.bg") and its customers ("Clients"). The conditions apply only if the customer is an entrepreneur, a legal entity under public law or a special fund under public law.

(2) GTC apply in particular to contracts for the sale and/or delivery of movable items ("goods"), regardless of whether LaserMaster.bg manufactures the goods itself or buys them from suppliers. Unless otherwise agreed, these General Terms and Conditions apply in the version confirmed by the customer when placing his online order. The customer is responsible for disclosing whether the parts ordered by him are used in aircraft.

(3) The general terms and conditions of LaserMaster.bg apply exclusively. Deviating, conflicting or additional general terms and conditions of the customer become part of the contract only if and to the extent that LaserMaster.bg has expressly agreed to their validity in writing (e.g. email, letter). This consent requirement applies in any case, for example even if LaserMaster.bg makes the delivery to the customer without a reservation, being aware of the general terms and conditions.

(4) Individual agreements concluded with the customer in individual cases (including additional agreements, additions and changes) always take precedence over these GTC. In case of proof to the contrary, the contract or confirmation of LaserMaster.bg in written or text form is decisive for the content of these agreements.

(5) Legally relevant declarations and notifications from the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, ) . Legal formal requirements and other evidence, especially in case of doubt as to the legitimacy of the declarant, remain unaffected.

(6) References to the validity of legal provisions are for clarification purposes only. Even without such clarification, statutory provisions apply unless directly modified or expressly excluded in these General Terms and Conditions

2. Conclusion of a contract

(1) LaserMaster.bg offers are subject to change and non-binding. This also applies if LaserMaster.bg has provided the customer with catalogs, technical documentation (eg drawings, plans, calculations, references to standards), other product descriptions or documents - also in electronic form.

(2) Orders from LaserMaster.bg can only be made after logging in, registering and confirming the General Terms and Conditions of LaserMaster.bg. By default, paid shipping is handled by LaserMaster.bg. Receipt of the order at LaserMaster.bg is confirmed immediately with an automatic confirmation of receipt to the customer by email. The automatic confirmation of receipt only documents that the customer's order has been received by LaserMaster.bg, but does not constitute acceptance of the order.

(3) The order of the goods by the customer is considered a binding contractual offer. Unless otherwise stated in the order, LaserMaster.bg has the right to accept this contract offer within 5 working days of receipt of the order.

(4) Acceptance can be declared either in writing by confirming the order (e.g. email, letter) or by delivering the goods to the customer. Confirmation of the order by LaserMaster.bg constitutes binding acceptance, unless LaserMaster.bg states otherwise in the order confirmation.

(5) The subject of the contract are the goods and other services specified in the LaserMaster.bg order confirmation.

(6) LaserMaster.bg has the right to fulfill the customer's order or parts of it from third parties. LaserMaster.bg is also entitled to assign all claims arising from the contract. This does not require the customer's consent.

(7) After the order is confirmed by LaserMaster.bg, changes and additions to the order requested by the customer are possible only after a separate agreement between the parties.

3. Delivery Dates and Delivery Delays

(1) The delivery dates specified in LaserMaster.bg's order confirmation are not binding as expected delivery dates for LaserMaster.bg. If, contrary to this, binding delivery dates are expressly guaranteed by LaserMaster.bg in writing (eg e-mail, letter), they are subject to defect-free and timely delivery by the suppliers.

(2) If LaserMaster.bg cannot meet the binding delivery deadlines for reasons for which LaserMaster.bg is not responsible (unavailability of the service), LaserMaster.bg will inform the customer about this immediately and at the same time communicate the expected new deadline for delivery. If the service is also not available within the new delivery period, LaserMaster.bg has the right to withdraw from the contract in whole or in part; LaserMaster.bg will immediately refund the amount already provided by the customer. The case of lack of service in this sense applies in particular to (i) untimely delivery by LaserMaster.bg's supplier, if LaserMaster.bg has entered into a compatible hedging transaction, or (ii) if neither LaserMaster.bg nor its suppliers are at fault.

(3) LaserMaster.bg is entitled to make partial deliveries, provided that the customer is not unreasonably disadvantaged as a result. LaserMaster.bg assumes all additional shipping costs caused by partial deliveries.

(4) LaserMaster.bg is not responsible for impossibility of delivery or delays in delivery if they are caused by force majeure circumstances (ie unforeseeable, unavoidable events) affecting LaserMaster.bg or LaserMaster.bg's suppliers. Such circumstances, for which LaserMaster.bg is not responsible, extend the delivery period to a reasonable extent.

(5) The customer's rights according to §§ 7, 9 of these GTC and the legal rights of LaserMaster.bg, in particular in the case of exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and/or additional performance), remain unaffected.

4. Delivery, Passing of Risk, Acceptance, Failure to Accept

(1) Delivery is made free of charge from the warehouse, which is also the place of performance for the delivery and any additional performance. Upon request and at the customer's expense, the goods will be sent to another destination (sale by mail). Unless otherwise agreed, LaserMaster.bg has the right to determine the type of shipment itself (in particular, transport company, delivery route, packaging).

(2) The risk of accidental loss and accidental damage to the goods is transferred to the customer at the latest when the goods are handed over. In the case of sales by mail, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, are already transferred when the goods are delivered to the forwarder, carrier or person or institution otherwise responsible for making the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. In the remaining part, the statutory provisions of the law on work and service contracts apply accordingly to the agreed acceptance. Delivery or acceptance is deemed equivalent if the customer does not accept. The customer is responsible for taking out transport insurance.

(3) If the customer does not accept, does not cooperate or if the delivery to LaserMaster.bg is delayed due to other reasons for which the customer is responsible, LaserMaster.bg has the right to request compensation for the resulting damages (e.g. storage costs). For this, LaserMaster.bg calculates a one-time compensation of BGN 20 per calendar day, starting with the delay in execution by the client (e.g. failure to accept, refusal of assistance).

(4) Evidence of greater damage and legal claims of LaserMaster.bg (in particular reimbursement of additional costs, reasonable compensation, termination) remain unaffected; however, the lump sum must be offset against additional cash receivables. The customer has the right to prove that LaserMaster.bg suffered no damages or only significantly lower damages than the fixed rate according to § 4, paragraph 3.

5. Prices and terms of payment

(1) Unless otherwise agreed in individual cases, the current prices of LaserMaster.bg at the time of conclusion of the contract plus statutory sales tax apply.

(2) If the customer has ordered the shipment of the goods, the price includes the packaging of the goods and the shipment to a delivery address (doorstep or agreed place of unloading). The customer assumes any duties, fees, taxes and other public charges.

(3) The purchase price shall be paid within 14 days of invoicing and delivery or acceptance of the goods. However, LaserMaster.bg has the right at any time, even within the framework of an ongoing business relationship, to make a delivery in whole or in part only against an advance payment or an appropriate security deposit, for example in the form of a guarantee. LaserMaster.bg declares the relevant reservation at the latest with the confirmation of the order.

(4) With the expiration of the aforementioned payment term, the client is in default. This allows LaserMaster.bg to make all remaining unpaid and deferred invoice amounts due immediately. In such case, all agreed discounts and cash discounts will no longer apply. Interest shall be paid on the purchase price during the delay at the applicable statutory interest rate. LaserMaster.bg reserves the right to claim additional damages caused by default. The right of LaserMaster.bg to commercial interest for delay remains unaffected by the merchants.

(5) The customer has a right of set-off or right of retention only to the extent that his claim is legally established or is undisputed. This does not apply to the customer's rights of retention based on counterclaims by the customer from the same contractual relationship. In the event of delivery defects, the customer's counterclaims remain unaffected, in particular in accordance with Section 7, paragraph 3, point 2 of these General Terms and Conditions.

(6) If, after the conclusion of the contract, it becomes apparent (for example, through a request to open bankruptcy proceedings) that LaserMaster.bg's claim for the purchase price is in jeopardy due to the client's inability to pay, LaserMaster.bg has the right to refuse performance in accordance with the legal provisions and - if necessary after setting a deadline - has the right to withdraw from the contract. In the case of contracts for the production of irreplaceable items (made-to-order products), LaserMaster.bg may withdraw immediately; statutory provisions regarding the need to set a deadline remain unaffected.

6. Retention of Ownership

(1) LaserMaster.bg retains ownership of the sold goods until all current and future receivables of LaserMaster.bg from the contract and current business relationships (secured claims) are paid in full.

(2) Goods subject to retention of title may not be pledged to third parties or transferred as collateral before full payment of secured claims. The customer must immediately notify LaserMaster.bg in writing if an application for bankruptcy proceedings is filed or if third parties seize goods belonging to LaserMaster.bg (e.g. attachments).

(3) If the customer behaves in violation of the contract, in particular if the due purchase price has not been paid, LaserMaster.bg has the right to withdraw from the contract in accordance with the legal provisions and/or request the return of the goods on the grounds of retention of ownership. The return request does not include a declaration of refusal; Rather, LaserMaster.bg has the right only to demand the return of the goods and reserves the right to withdraw from the contract. If the customer fails to pay the purchase price due, LaserMaster.bg may assert these rights only if LaserMaster.bg has previously unsuccessfully set the customer a reasonable deadline for payment or the setting of such a deadline is unnecessary under legal provisions.

(4) The customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business until canceled by LaserMaster.bg in accordance with (c) below. In this case, the following provisions also apply.

(a) Retention of title extends to products created by processing, mixing or combining our goods at their full value, LaserMaster.bg being considered the manufacturer. If third-party goods are processed, mixed or combined with third-party goods, LaserMaster.bg acquires co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, the same applies to the product received as well as to the goods delivered subject to retention of title.

(b) The customer hereby assigns the claims against third parties arising from the resale of the goods or product, in whole or in the amount of each share of co-ownership of LaserMaster.bg in accordance with paragraph (a) above to LaserMaster.bg as collateral. LaserMaster.bg hereby accepts the assignment. The obligations of the customer referred to in paragraph 2 shall also apply to the assigned receivables.

(c) In addition to LaserMaster.bg, the customer remains authorized to collect the claim. LaserMaster.bg undertakes not to collect the claim while the customer fulfills its payment obligations to LaserMaster.bg, there is no deficiency in its ability to pay and LaserMaster.bg does not claim to retain the right of ownership by exercising a right in accordance with paragraph 3. However, if this is the case, LaserMaster.bg may require the customer to inform LaserMaster.bg of the assigned receivables and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (the third parties) about the transfer. In this case, LaserMaster.bg also has the right to revoke the customer's permission for further sale and processing of the goods subject to retention of title.

(d) If the realizable value of the securities exceeds the receivables of LaserMaster.bg by more than 10%, LaserMaster.bg will release securities at the option of LaserMaster.bg at the customer's request.

7. Customer Claims for Defects

(1) Statutory provisions apply to the customer's rights in case of material defects and defects of ownership (including incorrect and short deliveries as well as incorrect installation instructions or defective installation instructions), unless otherwise stated below. In all cases, the special legal provisions for the final delivery of the unprocessed goods to the consumer remain unaffected, even if the latter has further processed them. Claims on the part of the supplier are excluded if the defective goods have been further processed by the customer or another entrepreneur, for example by installing them in another product.

(2) If the delivered item is defective, LaserMaster.bg can choose whether to provide additional performance by removing the defect (repair) or by delivering an item without defects (replacement delivery). The right of LaserMaster.bg to refuse additional performance according to legal requirements remains unaffected.

(3) LaserMaster.bg has the right to make the due additional performance dependent on the payment of the due purchase price by the customer. However, the customer is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.

(4) The customer must provide LaserMaster.bg with the necessary time and opportunity for the additional performance due. In particular, the customer must hand over the advertised goods within one week of notification of the defect to LaserMaster.bg for inspection purposes. In the case of a replacement delivery, the customer must return the defective item to LaserMaster.bg in accordance with legal regulations.

(5) Subsequent performance does not include either the removal of the defective item or re-installation.

(6) LaserMaster.bg will reimburse the costs necessary for the purposes of testing and additional performance, in particular transport, travel, labor and material costs in accordance with legal provisions, if there is actually a defect. Otherwise, LaserMaster.bg may claim reimbursement from the customer for the costs incurred by the unfounded claim for defect removal (in particular testing and transport costs), unless the customer was not aware of the absence of the defect.

(7) Claims by the customer for damages or reimbursement of wasted costs exist only in accordance with section 9, even in the event of defects, and are otherwise excluded.

8. Inspection of incoming goods

(1) The customer's claims for defects in accordance with § 7 assume that he has complied with his statutory inspection and notification obligations. In the case of building materials and other goods intended for installation or other further processing, an inspection must be carried out immediately before processing. If a defect becomes apparent upon delivery, inspection or at any later time, LaserMaster.bg must be immediately notified in writing. In all cases, obvious defects must be reported in writing within three (3) business days of delivery, and defects that cannot be identified during inspection must be reported in writing within the same time period of discovery. Working days in the sense of § 8 para. 1 are all days from Monday to Friday with the exception of public holidays at the client's headquarters.

(2) The customer must report the loss or damage of the goods to the carrier, forwarder or other person responsible for the delivery of the item ("transport company"). Externally visible damages or shortages must be reported to the transport company at the latest upon delivery; hidden defects within one week of delivery. Loss or damage must be reported in writing (e.g. letter, e-mail) with sufficient documentation. If the customer reports the damage late or incorrectly, he must compensate LaserMaster.bg for all resulting damages.

9. Liability

(1) Unless otherwise stated in these General Terms and Conditions, including the following provisions, LaserMaster.bg is liable in case of breach of contractual and non-contractual obligations in accordance with legal provisions.

(2) LaserMaster.bg is liable for damages - regardless of legal reason - within the framework of culpable responsibility in the case of intent and gross negligence. In the event of ordinary negligence, LaserMaster.bg is only liable, subject to legal limitations of liability (eg diligence in one's own affairs; minor breach of duty).

a) for damages resulting from injury to life, limb or health,

b) for damages resulting from breach of an essential contractual obligation (i.e. an obligation whose performance is essential for the proper performance of the contract and whose compliance the contractual partner regularly relies on and can rely on); in such event, however, liability is limited to damages for foreseeable, ordinarily occurring damages.

(3) The limitations of liability arising from paragraph 2 also apply to violations of obligations by or for the benefit of persons for whose fault LaserMaster.bg is responsible according to the legal provisions. They do not apply if LaserMaster.bg fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for customer claims under the Product Liability Act.

(4) Due to a breach of obligations, which does not consist of a defect, the customer may withdraw or terminate only if LaserMaster.bg is responsible for the breach of obligation. The customer's free right of termination is excluded. Otherwise, legal requirements and legal consequences apply.

(5) The liability of LaserMaster.bg is excluded if the goods - contrary to the information provided by the customer - are used by the customer himself or his buyer or other third parties in an aircraft or if he installs the goods in a partial product which later (as a final product) is used in the aircraft.

10. Transmission of customer plans, drawings and data

(1) The customer bears full responsibility for the completeness and correctness of the plans, drawings and data transferred to LaserMaster.bg. This also applies if there are errors in data transmission or in the data carrier, for which LaserMaster.bg is not responsible. The customer must ensure the use of up-to-date computer virus protection and data backup programs. LaserMaster.bg has the right to make copies of drawings and data to preserve the evidence and for reasons of possible defect removal.

(2) LaserMaster.bg is not responsible for material wear and damage caused by incorrect plans, drawings or data from the customer. The customer has no contractual or statutory rights due to defects if the defects in the delivered goods are based on incorrect plans, drawings or data from the customer.

(3) LaserMaster.bg has the right to independently make changes to the plans, drawings and data provided by the customer, without consulting the customer, provided that this is in the customer's economic interest.

11. Rights of Third Parties, Indemnities

(1) The customer guarantees that drawings, data and other materials submitted to LaserMaster.bg do not infringe any copyright, trademark rights, patents, design rights, design rights, personal rights or other protected rights of third parties (hereinafter referred to as "third party property rights"). The customer is obliged to immediately inform LaserMaster.bg if a claim is filed for infringement of third party property rights or if claims are promised or raised.

(2) The customer assures that the drawings, data and other materials submitted to LaserMaster.bg do not violate the applicable prohibition standards.

(3) At the first request, the customer indemnifies LaserMaster.bg against all claims of third parties arising from a violation or alleged violation of the obligations under paragraphs 1 or 2 and undertakes to indemnify any damage (including court costs, attorney's fees and court costs), LaserMaster.bg arises as a result of the violation or alleged violation of these obligations.

12. Final Provisions

(1) LaserMaster.bg has the right to inform registered users about system updates and to regularly make inquiries about the up-to-dateness of the stored basic data.

(2) The law of the Republic of Bulgaria applies to these GTC and the contractual relationship between LaserMaster.bg and the customer, with the exception of uniform international law, in particular the UN Sales Convention, and with the exception of IPR.

(3) The exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with contractual relations is Gabrovo. However, LaserMaster.bg also has the right to submit a claim to the general jurisdiction of the customer.

(4) Changes and additions to the contract must be made in writing in order to enter into force. This also applies to the waiver of the written requirement above.

(5) If any provision in these TOS is or becomes wholly or partially void, invalid or unenforceable, or if the necessary provision is not included, the validity and enforceability of all other provisions of this contract shall not be affected. In place of the void, ineffective or unenforceable provision or to fill the gap, a legally permissible provision that corresponds as closely as possible to what the parties intended or would have agreed to in terms of the spirit and purpose of this contract, if they recognize the invalidity, shall be applied.

(6) The customer has no right to transfer and/or transfer rights and obligations from contractual relations binding the parties to third parties without the prior written consent of LaserMaster.bg. This prohibition on assignment does not apply to cash claims.

General Terms and Conditions for Framework Agreements (Periodic Delivery)

§ 1 Scope, form

(1) The following General Terms and Conditions ("T&C") apply to all successive supply contracts between NIKO Technologies Ltd. ("LaserMaster.bg") and its customers ("Customers"). The contract for sequential delivery within the meaning of these General Terms and Conditions is a single contract in which the agreed total amount of services in kind is provided by LaserMaster.bg in several independent partial deliveries. Therefore, these terms and conditions apply, for example, if the customer orders a certain total quantity of goods from LaserMaster.bg, which he then calls in separate batches. The conditions apply only if the customer is an entrepreneur, a legal entity under public law or a special fund under public law.

(5) Legally relevant declarations and notifications by the customer in connection with the successive delivery contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail). Legal formal requirements and other evidence, especially in case of doubt as to the legitimacy of the declarant, remain unaffected.

§ 2 Conclusion of a contract

(5) The subject of the contract are the goods specified in the LaserMaster.bg order confirmation, which are delivered in the agreed total quantity and within the agreed delivery period in several partial deliveries at the customer's request. If the customer does not cancel the agreed total quantity by the end of the agreed delivery period, the customer must accept the balance of the agreed total quantity at the end of the delivery period.

(7) After the order is confirmed by LaserMaster.bg, changes and additions to the order requested by the customer are possible only after a separate agreement between the parties.

§ 3 Delivery dates and delivery delays

(1) When ordering, the customer must specify the period in which he will purchase the total ordered quantity through individual cancellations. The total quantity ordered by the customer is binding. For each individual call, the customer must specify the partial quantity to be delivered ("partial delivery").

(2) The delivery dates specified by LaserMaster.bg in the order confirmation or elsewhere are not binding as the expected delivery dates for LaserMaster.bg. If, contrary to this, binding delivery dates for one or more partial deliveries are expressly guaranteed by LaserMaster.bg in writing (e.g. e-mail, letter), they are - separately for each partial delivery - subject to the defect-free and timely delivery by suppliers.

(3) If LaserMaster.bg is unable to meet the binding delivery deadlines for a partial delivery for reasons for which LaserMaster.bg is not responsible (unavailability of the service), LaserMaster.bg will inform the customer of this immediately and at the same time communicate the expected new delivery deadline. If the service is also not available within the new delivery period, LaserMaster.bg has the right to withdraw from the contract in whole or in part; LaserMaster.bg will immediately refund the amount already provided by the customer. The case of lack of service in this sense applies in particular to (i) untimely delivery by LaserMaster.bg's supplier, if LaserMaster.bg has entered into a compatible hedging transaction, or (ii) if neither LaserMaster.bg nor its suppliers are at fault.

(4) LaserMaster.bg has the right and is obliged to make partial deliveries. LaserMaster.bg must cancel the partial delivery upon individual request from the customer.

(5) LaserMaster.bg is not responsible for impossibility of delivery or delays in delivery if they are caused by force majeure circumstances (ie unforeseeable, unavoidable events) affecting LaserMaster.bg or LaserMaster.bg's suppliers. Such circumstances, for which LaserMaster.bg is not responsible, extend the delivery period to a reasonable extent.

(6) The customer's rights according to §§ 7, 9 of these GTC and the legal rights of LaserMaster.bg, in particular in the case of exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and/or additional performance), remain unaffected.

§ 4 Delivery, passing of risk, acceptance, failure to accept

(1) Delivery is free from the warehouse, which is also the place of performance for partial deliveries and any additional performance. Upon request and at the customer's expense, the goods will be sent to another destination (sale by mail). Unless otherwise agreed, LaserMaster.bg has the right to determine the type of shipment itself (in particular, transport company, delivery route, packaging).

(2) The risk of accidental loss and accidental damage of the respective partial delivery is transferred to the customer at the latest upon delivery. In the case of mail order sales, however, the risk of accidental loss and accidental deterioration of the relevant partial delivery, as well as the risk of delay, are already transferred to the forwarder, carrier or other person or institution responsible for making the shipment upon delivery of the relevant partial delivery. If acceptance has been agreed, this is decisive for the transfer of risk. In the remaining part, the statutory provisions of the law on work and service contracts apply accordingly to the agreed acceptance. Delivery or acceptance is the same if the customer has not accepted in respect of the relevant partial delivery.

(3) The customer is obliged to cancel the agreed total quantity from LaserMaster.bg within the period agreed according to § 3, paragraph 1, sentence 1 and to accept it from LaserMaster.bg. LaserMaster.bg has the right to deliver goods that have not yet been recalled to the customer after the agreed delivery period has expired, provided prior notice is given. The customer is obliged to accept the delivered goods. If the customer culpably violates these obligations, LaserMaster.bg is liable for damages in accordance with legal provisions.

(4) If the customer does not accept the respective partial delivery, if he does not cooperate or if the partial delivery from LaserMaster.bg is delayed for other reasons for which the customer is responsible, LaserMaster.bg is entitled to compensation for resulting damages (e.g. storage costs). For this, LaserMaster.bg calculates a one-time compensation of BGN 20 per calendar day, starting from the delay in performance by the client (e.g. failure to accept, refusal to cooperate). Proof of higher damages and legal claims of LaserMaster.bg (in particular reimbursement of additional costs, reasonable compensation, termination) remain untouched; however, the lump sum must be offset against additional cash receivables. The customer has the right to prove

§ 5 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, the current prices of LaserMaster.bg plus the statutory sales tax at the time of concluding the successive delivery contract shall apply to the agreed total amount of services to be provided by LaserMaster.bg.

(3) The invoiced proportional purchase price for the respective partial delivery shall be paid within 14 days of invoicing and partial delivery or acceptance of the partial delivery. However, LaserMaster.bg has the right at any time, even within the framework of an ongoing business relationship, to make a partial delivery in whole or in part only against an advance payment or an appropriate security deposit, for example in the form of a guarantee. LaserMaster.bg declares the respective reservation for the respective partial delivery immediately after calling the respective partial delivery.

(4) At the end of the aforementioned payment term, the customer is in arrears with the payment of the respective partial delivery. This allows LaserMaster.bg to make all remaining unpaid and deferred invoice amounts due immediately. In such case, all agreed discounts and cash discounts will no longer apply. Interest shall be paid on the prorated purchase price for the relevant partial delivery during the delay at the applicable statutory late payment rate. LaserMaster.bg reserves the right to claim additional damages caused by default. The right of LaserMaster.bg to commercial interest for delay remains unaffected by the merchants.

(5) While the customer is in arrears with the payment of one or more partial deliveries, LaserMaster.bg has the right to make additional partial deliveries depending on the advance payment of the outstanding partial deliveries. LaserMaster.bg's rights of retention remain unaffected.

(6) The customer has a right of set-off or right of retention only to the extent that his claim is legally established or is undisputed. This does not apply to the customer's rights of retention based on counterclaims by the customer from the same contractual relationship. In the event of delivery defects or partial delivery, the customer's counterclaims, in particular in accordance with section 7 (3) sentence 2 of these General Terms and Conditions, remain unaffected.

(7) If, after the conclusion of the contract, it becomes apparent (for example, through a request to open bankruptcy proceedings) that LaserMaster.bg's claim for the purchase price is threatened due to the client's inability to pay, LaserMaster.bg has the right to refuse performance in accordance with the legal provisions and - if necessary after setting a deadline - has the right to withdraw from the contract. In the case of contracts for the production of irreplaceable items (made-to-order products), LaserMaster.bg may withdraw immediately; statutory provisions regarding the need to set a deadline remain unaffected.

§ 6 Retention of ownership

(4) The customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business until LaserMaster.bg withdraws this consent in accordance with (c) below. In this case, the following provisions also apply.

§ 7 Customer claims for defects

(2) If a partial delivery is defective in whole or in part, LaserMaster.bg can choose whether to provide additional performance by removing the defect (repair) or by delivering an item without defects (replacement delivery). The right of LaserMaster.bg to refuse additional performance according to legal requirements remains unaffected.

(3) If a partial delivery is only partially defective, the customer can only refuse the entire partial delivery and only claim compensation instead of the entire partial delivery if he has no interest in the partial performance.

(4) If a partial delivery is defective as a whole, the customer may withdraw from the entire contract for consecutive delivery and claim compensation instead of the entire service (damages instead of all partial deliveries) if he has no interest in the partial service.

(5) LaserMaster.bg has the right to make the due additional performance dependent on the payment of the due purchase price by the customer. However, the customer is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.

(5) Subsequent performance does not include either the removal of the defective item or re-installation.

(7) Claims by the customer for damages or reimbursement of wasted costs exist only in accordance with section 9, even in the event of defects, and are otherwise excluded.

§ 8 Inspection of incoming goods

(1) The customer's claims for defects under § 7 in relation to any partial delivery assume that he has complied with his statutory inspection and notification obligations in relation to the relevant partial delivery. In the case of building materials and other goods intended for installation or other further processing, an inspection must be carried out immediately before processing. If a defect becomes apparent during partial delivery, inspection or at any later time, LaserMaster.bg must be notified immediately in writing. In all cases, obvious defects must be reported in writing within three (3) business days of partial delivery, and defects that cannot be identified during inspection must be reported in writing within the same time period of discovery. Working days in the sense of § 8 para. 1 are all days from Monday to Friday excluding public holidays at the customer's seat. If the customer fails to properly check and/or report defects in a partial delivery, the liability of LaserMaster.bg for a defect in the partial delivery that is not reported or not reported in a timely or appropriate manner is excluded in accordance with the legal provisions.

§ 9 Liability

(2) LaserMaster.bg is liable for damages - regardless of legal reason - within the framework of culpable responsibility in the case of intent and gross negligence. In case of ordinary negligence, LaserMaster.bg is liable, subject to statutory limitations of liability (e.g. diligence in own affairs; minor breach of duty), only

a) for damages resulting from injury to life, limb or health, b) for damages resulting from the breach of an essential contractual obligation (an obligation, the fulfillment of which enables the proper execution of the contract in the first place and whose observance the contractual partner regularly relies on and can rely on); in such event, however, liability is limited to damages for foreseeable, ordinarily occurring damages.

§ 10 Transmission of plans, drawings and customer data

(3) Deliveries of any kind from the customer or from third parties ordered by the customer must be checked by LaserMaster.bg only for obvious defects.

(4) LaserMaster.bg has the right to independently make changes to the plans, drawings and data provided by the customer, without consulting the customer, provided that this is in the customer's economic interest.

§ 11 Rights of third parties, Releases

(2) The customer assures that the drawings, data and other materials submitted to LaserMaster.bg do not violate the applicable prohibition standards.

(3) At the first request, the customer indemnifies LaserMaster.bg against all claims of third parties arising from a violation or alleged violation of the obligations under paragraphs 1 or 2 and undertakes to indemnify any damage (including court costs, court fees and court costs) that LaserMaster.bg has incurred as a result of the violation or alleged violation of these obligations.

§ 12 Final provisions

(1) The law of the Republic of Bulgaria applies to these GTC and the contractual relationship between LaserMaster.bg and the customer, with the exception of international uniform law, in particular the UN Sales Convention, and with the exception of IPR.

(2) The exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with contractual relations is Gabrovo. However, LaserMaster.bg also has the right to submit a claim to the general jurisdiction of the customer.

(3) Changes and additions to the contract must be made in writing in order to enter into force. This also applies to the waiver of the written requirement above.

(4) If a provision in these TOS is or becomes wholly or partially void, invalid or unenforceable, or if the necessary provision is not included, the validity and enforceability of all other provisions of this contract shall not be affected. The void, ineffective or unenforceable gap-filling provision shall be replaced by a legally permissible provision that conforms as closely as possible to what the parties intended or would have agreed to in terms of the spirit and purpose of this contract.

(5) The customer has no right to transfer and/or transfer rights and obligations from contractual relations binding the parties to third parties without the prior written consent of LaserMaster.bg. This prohibition on assignment does not apply to cash claims.

Laser Master - EN

General conditions