General Terms and Conditions for Carrying Out Maintenance, Repairs, Assembly, Revisions and Inspections
of ALPHA LASER GmbH

Latest Update: 15. August 2026

1. Scope of application

1.1 These general terms and conditions ("T&Cs") apply:

1.1.1 for all installation, repair, inspection, maintenance, and overhaul services (collectively or individually referred to as “Repair Services”) provided by ALPA LASER GmbH (“ALPHA LASER”), headquartered in Puchheim, to its customers (ALPHA LASER and the customer, each individually referred to as a “Party” and collectively as the “Parties”) as well as for the sale of used replacement parts (“Exchange Transaction”).

1.1.2 only if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

1.1.3 exclusively, i.e. deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that ALPHA LASER has expressly agreed to their validity in writing. This consent requirement applies in any case, e.g. even if ALPHA LASER provides the contractual services without reservation in knowledge of the customer's general terms and conditions.

1.1.4 insofar as ALPHA LASER is commissioned with the delivery of new spare parts or components in addition to a repair or exchange transaction, the "GeneralTerms and Conditions of Sale" of ALPHA LASER in the current version (available at www.alphalaser.eu) shall apply with regard to this service.

1.2 Agreements individually negotiated by the parties on a case-by-case basis shall in all cases take precedence over these GTC. This also applies to ancillary agreements, additions and amendments to a contract concluded between the parties. Subject to proof to the contrary, the content of individual agreements shall be determined by a contract between the parties in text form or the written confirmation of ALPHA LASER.

1.3 Insofar as these GTC refer to the applicability of statutory provisions, such references are provided solely for clarification purposes. Even in the absence of such clarification, the statutory provisions shall apply to the extent that they are not directly amended or expressly excluded in these GTC.

2. Conclusion of contract; Quote

2.1 Unless ALPHA LASER explicitly designates an offer to the customer as a binding offer, offers from ALPHA LASER are subject to change and non-binding. This also applies if ALPHA LASER has provided the customer with catalogs or technical documentation (e.g. drawings, plans, calculations, calculations or other product descriptions or documents).

2.2 The customer’s request for repairs or order for replacement parts shall be deemed a binding offer by the customer to enter into a contract. Unless otherwise specified in the request or order, ALPHA LASER is entitled to accept the customer’s offer within five (5) business days of receiving the request or order. “Business days” as used in these General Terms and Conditions refer to all days from Monday through Friday, excluding statutory holidays at ALPHA LASER’s headquarters.

2.3 Before commissioning a repair, the customer may first commission the preparation of a cost estimate ("cost estimate") with regard to the expected costs of a repair by ALPHA LASER. ALPHA LASER is entitled to accept this order for a cost estimate within five (5) working days after receipt of the order for a cost estimate.

2.4 Unless otherwise stated or agreed, cost estimates from ALHPA LASER are subject to change and non-binding.

2.5 If, in order to prepare a cost estimate, it is necessary to intervene in an object or device to be assembled, repaired, inspected, maintained or revised ("Object of Repair"), the Customer agrees to an intervention by ALPHA LASER in the object of repair of any kind.

2.6 If after requesting a cost estimate, the customer does not place an order for repairs within ten (10) business days of receiving the estimate, ALPHA LASER is entitled to refuse to restore the item to its original condition, provided that work on the item was necessary in connection with preparing the estimate. This refusal is at ALPHA LASER’s sole discretion, particularly if restoring the item to its original condition is not technically or economically feasible. Should ALPHA LASER nevertheless decide to restore the item to its condition prior to any work being performed, the customer shall bear the costs in accordance with Section 7.

3. Subject of the contract

3.1 The subject matter of the contract is the contractual services listed in the offer or order confirmation of ALPHA LASER.

3.2 The contractual services to be provided by ALPHA LASER may include, but are not limited to, the assembly, repair, inspection, maintenance or revision of ALPHA LASER products ("object of repair").

3.3 ALPHA LASER may use third parties to perform the contractual services. The customer's consent is not required for the use of third parties.

3.4 ALPHA LASER provides services in compliance with the generally accepted rules of technology at the time the service is provided.

3.5 The details of the provision of services, such as the objective, subject matter, scope, content and location as well as professional and technical framework conditions, result from the offer or order confirmation of ALPHA LASER and/or a separate service description agreed between the parties.

3.6 ALPHA LASER’s performance of the contract is subject to the condition that such performance is not prevented by any national or international export or import regulations or any other legal requirements..

4. Execution of the repair

4.1 If the repair is to take place at ALPHA LASER, the customer must send the repair item to ALPHA LASER in good time at his own expense and risk ("return").

4.2 If the customer makes a return, the customer must provide the return with an RMA (Return Material Authorization) certificate. The customer can request the RMA certificate from ALPHA LASER before returning the part.

4.3 ALPHA LASER shall, as a general rule, perform the repair work diligently in accordance with the terms of the order. However, ALPHA LASER reserves the right to perform additional work not specified in the order (“additional work”) if such work is necessary to restore the item to full operational condition or to carry out the repair. In this case, ALPHA LASER will inform the customer in a timely manner, prior to performing the aforementioned additional work, of the costs incurred thereby.

4.4 If the customer does not agree to the execution of the additional work, he informs ALPHA LASER immediately. In this case, ALPHA LASER will no longer carry out the repair and the repair item will remain in its condition at ALPHA LASER's sole discretion if the additional work is rejected or will be restored by ALPHA LASER to its original condition before the repair. In this case, ALPHA LASER is entitled to demand appropriate remuneration for the services already provided. Sections 4.3, 5 and 7 remain unaffected.

4.5 ALPHA LASER is entitled to partial services, provided that the customer is not unreasonably disadvantaged by this.

4.6 If the customer asserts a warranty claim and returns the repair item to ALPHA LASER for this purpose, this does not constitute an offer by the customer to conclude a contract within the meaning of Section 2.2 . If, after checking the repair item, ALPHA LASER determines that there is no warranty claim, ALPHA LASER shall inform the customer of this immediately. In this case, the customer is free to submit an offer to conclude a contract within thirty (30) working days in accordance with clause 2 . If ALPHA LASER does not receive an offer from the customer to conclude a contract or commission a cost estimate within thirty (30) working days, the customer is obliged to pick up the repair item from ALPHA LASER immediately or to arrange for it to be returned. In this case, the costs and the risk of a return shipment are borne by the customer. Upon expiry of the aforementioned period, ALPHA LASER may charge the customer storage costs in the amount corresponding to the storage costs at ALPHA LASER.

5. Storage and shipping of repair items taken over

5.1 With regard to the safekeeping of the repair items provided by the customer, ALPHA LASER is only liable for the care that ALPHA LASER usually takes in its own affairs.

5.2 ALPHA LASER will return repair items to the customer after repair at the customer's expense and risk.

5.3 Unless otherwise agreed, ALPHA LASER is entitled to determine the type of shipment (in particular transport company, shipping route and packaging) itself. In this case, ALPHA LASER is only responsible for the timely and proper delivery of the goods to the carrier and is not responsible for any delays caused by the carrier. The risk of accidental loss or deterioration of the repair item, as well as the risk of delay, shall be transferred upon delivery of the repair item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.

5.4 The customer is responsible for taking out transport insurance at his own expense.

5.5 If the return is delayed due to a circumstance for which the customer is responsible (such as the choice of collection instead of shipment), the risk of accidental loss and accidental deterioration as well as the risk of delay shall pass to the customer on the day of notification of readiness for shipment by ALPHA LASER. In this case, ALPHA LASER will store the repair items at the expense and risk of the customer for a period of no more than one (1) month. After this month, ALPHA LASER reserves the right to charge the customer an appropriate storage fee.

6. Performance dates and deadlines, default of performance

6.1 Dates and deadlines that ALPHA LASER holds out to the customer for the fulfilment of the contractual services or the repair are always only approximate. They are non-binding as expected dates and deadlines for ALPHA LASER, unless ALPHA LASER has expressly promised the customer a fixed deadline or date for the performance of the contractual services or repairs or a fixed deadline or date has been expressly agreed between the parties.

6.2 ALPHA LASER may require the customer to extend or postpone agreed deadlines and dates by the period during which the customer fails to fulfill its contractual obligations to ALPHA LASER, in particular by failing to provide the necessary cooperation. Any other rights of ALPHA LASER arising from the customer’s default remain unaffected.

6.3 If it becomes apparent to ALPHA LASER that it will be unable to meet binding deadlines or dates, ALPHA LASER will inform the customer immediately and at the same time inform the customer of the expected new deadline or date. ALPHA LASER shall not be liable to the customer for the postponement of deadlines or dates if ALPHA LASER is not responsible for the reason for the postponement. In particular, ALPHA LASER shall not be responsible for a postponement of dates or deadlines if (i) ALPHA LASER itself does not receive timely deliveries from its suppliers, provided that ALPHA LASER has entered into a corresponding hedging transaction, or (ii) neither ALPHA LASER nor its suppliers are at fault.

6.4 The Customer’s claims for damages, as well as the Customer’s rights under Section 10 of these General Terms and Conditions and the statutory rights of ALPHA LASER—in particular in the event of an exemption from the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance)—remain unaffectedto perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), remain unaffected.

7. Prices; Payment Terms; Offsetting

7.1 Unless otherwise agreed in individual cases, the prices are exclusive of packaging and shipping costs.

7.2 Pricing is generally based on time spent and material costs, in accordance with ALPHA LASER’s then-current billing and travel rates, as well as incidental expenses, unless it has been agreed that billing will be based on flat rates.

7.3 If the parties have agreed on a binding cost estimate, the customer agrees to an overrun of up to 10% compared to the price stated in the cost estimate if the actual (time) expenditure or material costs are higher than the originally estimated costs.

7.4 All prices are generally in EUR plus VAT. Any customs duties, fees, taxes and other public charges must be borne by the customer.

7.5 If the parties have agreed on hourly rates, Customer shall owe one-fourth of the agreed hourly rate for each fifteen (15) minute interval or part thereof. If daily rates are agreed, the basis of the settlement is a working day of eight (8) hours.

7.6 For work outside normal working hours (night, Sunday and holiday work), ALPHA LASER charges appropriate surcharges.

7.7 Travel and waiting times are considered working time.

7.8 In the case of partial deliveries or services, ALPHA LASER is entitled to corresponding partial payments.

7.9 Unless the parties have agreed otherwise or a different payment term results from the order confirmation, the customer shall be in default without a reminder if he has not made payments within 14 calendar days of invoicing. The remuneration shall bear interest during the delay at the applicable statutory default interest rate. ALPHA LASER reserves the right to assert further damages for delay. In the case of merchants, the claim to the commercial due interest (§ 353 HGB) remains unaffected.

7.10 In the case of a cashless payment, a payment shall only be deemed to have been effected if an unconditional credit has been made to the account of ALPHA LASER.

7.11 If the Customer does not meet his payment obligation, does not meet it properly or does not meet it on time, or if circumstances become known that make the Customer's creditworthiness appear doubtful, ALPHA LASER is entitled to make all outstanding payments of the Customer due for payment immediately. The same applies if the customer is no longer able to conduct business properly, in particular if the customer is seized or proceedings under the Insolvency Code are filed.

7.12 The customer is only entitled to rights of set-off or retention to the extent that his claim has been legally established or is undisputed. This does not apply to rights of retention of the customer that are based on counterclaims by the customer from the same contractual relationship. In the event of defects, the customer's counter-rights, in particular according to Section 12 of these GTC, remain unaffected.

8. Flat-rate price system for the repair of power supplies

8.1 In order restore operational readiness as quickly as possible, ALPHA LASER reserves the right to offer the customer the option of purchasing a technically refurbished replacement power supply unit of comparable age instead of having the unit repaired individually. If the customer agrees to this offer, billing will be based on the flat-rate pricing system described below.

8.2 The flat rates are staggered according to the age of the power supply and are divided into four age groups. The assignment of the power supplies to the respective age groups is based on the serial number of the device. The current price list can be requested from ALPHA LASER or will be provided on request.

8.3 Capacitor banks are not included in the flat-rate pricing system. If a capacitor bank is defective, the customer must first request a cost estimate in accordance with Section 2 if the customer wishes to have it repaired. Repairs to capacitor banks are billed in accordance with Section 7.2.

8.4 If the power supply unit has been damaged by external factors—in particular by moisture, water ingress, or power surges—ALPHA LASER is entitled to charge the highest applicable flat rate, regardless of the age of the unit, provided that the customer requests repairs. A prerequisite for billing at this flat rate is that the capacitor bank of the power supply in question is intact. If this is not the case, Section 8.3 applies accordingly.

8.5 If the customer sends in a power supply unit for repair that has been modified as a result of unauthorized repair attempts by the customer or third parties, is incomplete, or has been assembled from parts of multiple devices, billing under the flat-rate pricing system is excluded. In such cases, Section 8.3 applies accordingly.

8.6 Power supplies that, based on their serial number, are more than ten years old will no longer be billed at flat rates. If the customer nevertheless wishes to have the unit repaired, the customer must first request a cost estimate in accordance with Section 2. Any repair requested by the customer will be billed in accordance with Section 7.

8.7 If the parties agree on a price for preparing a cost estimate regarding the repair of a power supply unit in a specific case, this price will be offset against the costs (see Section 7.2) for the repair, provided that the customer also commissions ALPHA LASER to repair the power supply in question after the cost estimate has been prepared.

9. Inspection fee

If the customer returns spare parts, power supplies or circuit boards to ALPHA LASER, ALPHA LASER is entitled to charge a flat-rate inspection fee in accordance with the price list applicable at the time of return if the parts are unused or sent in for the purpose of repair and no defect or error could be detected during their inspection. The relevant price list is available at [?].

10. Warranty

10.1 In the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly/installation or inadequate instructions), the customer is entitled to the statutory warranty rights (§§ 434 et seq., 634 et seq. of the German Civil Code), provided that no deviations or additions result from the following regulations.

10.2 Insofar as the contractual performance or repair includes the provision of goods with digital elements or other digital content, ALPHA LASER shall only be obliged to provide and, if necessary, update the digital content to the extent expressly stated in a quality agreement concluded between the parties. In this respect, ALPHA LASER assumes no liability for (public) statements by third parties.

10.3 If goods or work services are defective, ALPHA LASER shall, at its discretion, provide subsequent performance by remedying the defect or by delivering defect-free goods or producing a defect-free work. This does not affect ALPHA LASER’s right to refuse subsequent performance under the statutory conditions.

10.4 Subsequent performance does not include the removal, dismantling or deinstallation of the defective item nor the installation, fitting, or assembly of a defect-free item, if ALPHA LASER was not originally obligated to perform these services. Any statutory claims by the customer for reimbursement of corresponding removal and installation costs remain unaffected.

10.5 The customer must give ALPHA LASER the time and opportunity necessary for the subsequent performance owed.

10.6 ALPHA LASER may make the subsequent performance owed dependent on the customer paying the due remuneration. However, the customer is entitled to withhold a part of the remuneration that is appropriate in relation to the defect.

10.7 ALPHA LASER shall reimburse the customer, in accordance with statutory provisions, for expenses necessary for inspection and subsequent performance (in particular, transportation, travel, labor, and material costs) if a defect actually exists. The customer must reimburse ALPHA LASER for costs incurred as a result of the customer’s unjustified requests to remedy defects (in particular, inspection and transportation costs) if the customer was aware of the absence of a defect or was unaware of it due to gross negligence.

10.8 ALPHA LASER is not liable for defects that the customer is aware of at the time of conclusion of the contract. If the customer has remained unaware of a defect as a result of gross negligence, he can only assert defect rights against ALPHA LASER if ALPHA LASER has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods or work.

10.9 If the supplementary performance fails or a reasonable period of time set by the customer for the supplementary performance has elapsed without success or is dispensable according to the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price in accordance with the statutory provisions.

10.10 Even in the event of defects, the customer’s claims for damages or reimbursement of futile expenses are limited to the provisions of Section 13 and are otherwise excluded. The customer may not rescind the contract on the grounds of a minor defect.

10.11 Claims by the customer for reimbursement of expenses pursuant to Section 445a (1) of the German Civil Code (BGB) are excluded, unless the last contract in the supply chain is a purchase of consumer goods (Sections 478, 474 of the German Civil Code) or a consumer contract for the provision of digital products (Sections 445c sentence 2, 327 (5), 327u of the German Civil Code (BGB)).

10.12 The customer is not entitled to any warranty claims for defects caused by unsuitable or improper use, incorrect commissioning, natural wear and tear, incorrect or negligent handling, excessive stress and improper maintenance of the goods or the work, as well as by modifications to the goods or the work without the express consent of ALPHA LASER. The same applies to defects that can be traced back to a specification specified by the customer.

10.13 If the subject of the contract is the provision of services, ALPHA LASER assumes no responsibility for a specific service result. Accordingly, ALPHA LASER provides no warranty for legal defects or material defects in accordance with statutory provisions.

11. Customer's obligation to inspect and complain

11.1 Prerequisite for the customer's claims in the event of defects in goods according to clause10.1 is that he has complied with his statutory duty to inspect and complain (§§ 377, 381 HGB).

11.2 In the case of goods intended for installation or further processing, an examination must always be carried out before installation or further processing.

11.3 If a defect becomes apparent during delivery, inspection or at any later date, the customer must inform ALPHA LASER of this immediately in text form (e.g. by e-mail). In any case, obvious defects must be reported within three (3) working days of delivery and defects that are not apparent during the inspection within the same period of time from discovery.

11.4 If the customer fails to carry out a proper inspection and/or notification of defects, the goods are deemed to have been approved in accordance with the statutory provisions (Section 377 (2) and (3) of the German Commercial Code (HGB)). However, this does not apply if ALPHA LASER has fraudulently concealed a defect.

12. Acceptance

12.1 If the subject of the contract concluded between the parties is a work performance, the statutory provisions apply to the acceptance of the work performance, unless otherwise stipulated in the following.

12.2 ALPHA LASER is entitled to demand partial acceptance from the customer if this is reasonable for the customer. The acceptance of a partial service is reasonable for the customer in particular if the partial service consists of a service that has been completed in itself.

12.3 The customer must accept a work product within two (2) weeks of being requested to do so by ALPHA LASER. A work product is deemed accepted if the customer does not refuse acceptance in writing within this period, citing at least one material defect..

13. Liability

13.1 ALPHA LASER shall be liable without limitation within the scope of fault-based liability for willful misconduct and gross negligence as well as for injury to life, limb or health.

13.2 In cases of simple negligence, ALPHA LASER shall only be liable for damages resulting from the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the Client regularly relies and may rely) and only for compensation for the foreseeable, typically occurring damage.

13.3 The results of13.2 shall also apply in the event of breaches of duty by or for the benefit of persons for whose fault ALPHA LASER is responsible in accordance with the statutory provisions. For the avoidance of doubt, they do not apply (i) in the event of injury to life, limb or health or, (ii) if ALPHA LASER has fraudulently concealed a defect.

13.4 The customer is entitled to claims under the Product Liability Act without restriction.

14. Statute of limitations

14.1 Unless otherwise stipulated in these GTC, the statutory limitation period for claims due to material and legal defects of goods or work is twelve (12) months from delivery or acceptance in deviation from Section 438 (1) No. 3 of the German Civil Code (BGB) and Section 634a (1) No. 3 of the German Civil Code (BGB). Special statutory provisions on the statute of limitations (in particular §§ 438 para. 1 no. 1 and no. 2, para. 3, 634a para. 1, 444, 445b BGB) remain unaffected.

14.2 Section 14.1, the statute of limitations for claims arising from material defects and defects of title in used goods (exchange transaction) is six (6) months from the date of delivery. In all other respects, Section 14.2 remains unaffected.

14.3 The limitation periods under this section 14 also apply to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods or the work, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case.

14.4 Claims by the customer for damages under Section 13.1, as well as claims under the Product Liability Act, are subject exclusively to the statutory limitation periods.

14.5 The warranty period does not restart for goods or components that have been replaced or newly delivered as part of subsequent performance, or for a work that has been repaired or newly manufactured.

15. Lien; failure to collect; Retention of title, transfer of ownership

15.1 ALPHA LASER shall have a lien on the movable property handed over by the customer to ALPHA LASER for repair, in respect of its claims arising from the respective contract, as soon as such property comes into ALPHA LASER’s possession. This contractual lien shall apply in addition to and supplement the statutory contractor’s lien under Section 647 of the German Civil Code (BGB).

15.2 The lien also extends to claims arising from previous contracts, business relationships or services that ALPHA LASER has provided to the customer, insofar as these services are factually related to the respective contract. Both due and not yet due receivables from ALPHA LASER against the customer are secured.

15.3 The lien only arises on items that are the property of the customer. If the customer hands over an item that is the property of a third party, he is obliged to inform ALPHA LASER immediately. In such cases, ALPHA LASER is entitled to at least a right of retention in accordance with § 273 of the German Civil Code (BGB) until all due claims arising from the order or contract in question have been settled.

15.4 If the customer does not collect items provided to ALPHA LASER for repair after completion of the repair or refuses to accept the shipped item, ALPHA LASER will request the customer in writing to pick up the item within one (1) month or to arrange for it to be reshipped at its own expense.

15.5 If the customer fails to comply with the request set forth in Section 15.4, ALPHA LASER shall threaten to sell the item, specifying the amount of the outstanding debt. After the expiration of one (1) additional month from receipt of the notice of intent to sell, ALPHA LASER shall be entitled to sell the item. Any proceeds from the sale shall be applied against ALPHA LASER’s outstanding claims. Any proceeds from the sale exceeding the outstanding claims shall be remitted by ALPHA LASER to the customer upon the customer’s written request.

16. Retention of title, transfer of ownership

16.1 Items installed by ALPHA LASER in the object of repair (e.g. accessories, spare parts or aggregates) that are not considered an essential part of the object of repair shall remain the property of ALPHA LASER until all claims to which ALPHA LASER is entitled against the customer at the time of conclusion of the contract or in the future have been satisfied; this applies to all balance receivables from current accounts.

16.2 The customer agrees that, within the scope of the repair, any parts of the item being repaired that are replaced, or any items removed from the item being repaired, shall become the property of ALPHA LASER without compensation during the warranty period.

17. Termination, resignation

17.1 The statutory provisions apply to the termination of a contract for work or services as well as the withdrawal from a contract, unless otherwise specified in these GTC.

17.2 Due to a breach of duty that does not consist of a defect, the customer may only withdraw from or terminate the contract if ALPHA LASER is responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 650, 648 BGB) is excluded, unless it is a longer-term contract. A contract with a term of more than twelve (12) months is longer-term. In all other respects, the legal requirements and legal consequences apply.

17.3 Due to a defect, the customer can only withdraw from the contract if the defect is not only insignificant.

18. Force majeure

18.1 Events of force majeure shall release the party affected by such an event from its obligations under the contract for the duration and to the extent of the effects of the event of force majeure.

18.2 A “Force Majeure Event” means any event or circumstance that prevents a party from performing one or more of its obligations under the Agreement, if and to the extent that the party affected by the impediment (“Affected Party”) demonstrates that (i) such impediment is beyond its reasonable control, (ii) such hindrance could not reasonably have been foreseen at the time the contract was concluded; and (iii) the effects of the hindrance could not reasonably have been avoided or overcome by the affected party. If the affected party demonstrates that the condition set forth in this Section 16.2(iii) is met, the following events shall be presumed to constitute force majeure: (a) war (whether declared or undeclared), hostilities, attack, acts of foreign enemies, or large-scale military mobilization; (b) civil war, riots, rebellion, and revolution; a military or other seizure of power; insurrection; acts of terrorism; sabotage; or piracy; (c) currency and trade restrictions, embargoes, and sanctions; (d) lawful or unlawful acts of public authorities, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalization; (e) plague, epidemic, natural disaster, or extreme natural event, as well as government orders related to these events; (f) Explosion, fire, destruction of equipment, prolonged disruption of transportation, telecommunications, information systems, or power; (g) general labor disturbances such as boycotts, strikes, and lockouts, work-to-rule, and the occupation of factories and buildings.

18.3 If a party fails to fulfil an obligation under the contract due to a failure of a third party whom it has commissioned to perform the contract in whole or in part, this party may only invoke force majeure to the extent that the event of force majeure exists not only with the party itself, but also with the third party.

18.4 The affected party must notify the other party immediately after becoming aware of a force majeure event, at least in text form (e.g. e-mail) and provide information about the force majeure event, its expected duration and the extent of the effects of the force majeure event. Each party shall use all reasonable endeavours to prevent or eliminate a Force Majeure Event and to resume the performance of its affected obligations as soon as possible.

19. Confidentiality

19.1 Customer shall keep ALPHA LASER's Confidential Information confidential in accordance with the following provisions.

19.2 "Confidential Information" means any information , in any form or on any medium, disclosed to Customer by ALPHA LASER or its directors, officers, employees, or agents (collectively, "Agents") at any time, or which Customer otherwise becomes aware of in the course of the business relationship between the parties, whether disclosure occurred before or after the conclusion of a contract, whether directly or indirectly, in writing, orally or by examining or viewing objects, and whether or not they are subject to an intellectual property right, provided that (i) they have an economic value, (ii) ALPHA LASER has a legitimate interest in their secrecy, and (iii) they are either appropriately marked as confidential by ALPHA LASER or ALPHA LASER's legitimate interest in the Secrecy arises either from the nature of the information or the nature of the disclosure.

19.3 However, Confidential Information does not include information that the Customer demonstrates was (i) generally known or readily accessible to persons in the circles that customarily deal with this type of information prior to its disclosure to the Customer by ALPHA LASER or one of its representatives; (ii) after disclosure to the Customer by ALPHA LASER or one of its representatives, becomes generally known or readily accessible to persons in circles that customarily deal with this type of information, without any act or omission on the part of the Customer; (iii) was already in the Customer’s possession at the time the Customer became aware of the relevant information in connection with the Agreement; (iv) was obtained by the Customer from a third party without such third party having breached any confidentiality obligations; or (v) was independently developed by the Customer without the Customer having used or referred to the Confidential Information.

19.4 The Customer (i) shall keep all Confidential Information strictly confidential, treat it as strictly confidential, and use it exclusively in connection with the business relationship with ALPHA LASER, and (ii) shall take reasonable measures to protect the Confidential Information and to prevent its disclosure, unauthorized access, and unauthorized use; Without limiting the foregoing, the Customer shall take at least the same measures it takes to protect its own confidential information of a similar nature, but in no event shall such measures be less than those generally considered reasonable to exercise due care in the course of business. The Customer may disclose Confidential Information only to those persons who are employed by or working for the Customer and who require knowledge of such information to perform the Agreement, provided that such persons are subject to confidentiality obligations at least equivalent to those set forth in this Section 19.

19.5 If Customer is required to disclose Confidential Information by law, court or regulation, Customer may disclose only the Confidential Information to which the Obligation relates. In this case, he must inform ALPHA LASER of the disclosure immediately as soon as and to the extent permitted by law.

19.6 The Customer shall disclose confidential information to ALPHA LASER upon request, but no later than after the fulfillment of the contractual services without being asked. All files or other types of storage are to be permanently deleted, with the provison that copies necessary for documentation purposes as well as information on the regular data backup are not included. These are still subject to secrecy.

19.7 The obligation of secrecy applies for an unlimited period of time. It shall cease with respect to Confidential Information as soon as it has been amended in accordance with Section 19.3(ii) becomes publicly available.

19.8 ALPHA LASER is entitled to name the customer as a reference customer and to use its logo for this purpose.

20. Declarations, amendments, additions to the contract, form, transferability

20.1 Legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be submitted at least in text form (e.g. e-mail). Legal formal requirements and other evidence, in particular in the event of doubts about the legitimacy of the declarant, remain unaffected.

20.2 Changes and additions as well as the cancellation of the contract require a separate agreement between the parties in writing after the conclusion of the contract. This also applies to an amendment to this section 20.2.

20.3 In addition to compliance with the written form requirement pursuant to Section 126 of the German Civil Code (BGB), all agreements, declarations or other communications that require the written form requirement pursuant to Section 126 of the German Civil Code (BGB) must be made by sending (including via email) a physically or digitally signed document in PDF format or by signing the relevant document using digital signature software commonly used in Germany (e.g., DocuSign or Adobe Sign)..

20.4 The Client shall not be entitled to transfer and/or assign any rights and obligations arising from the Agreement to third parties without the prior written consent of ALPHA LASER. This prohibition of assignment does not apply to monetary claims.

21. Applicable law, place of jurisdiction, arbitral tribunal

21.1 The contract concluded between the parties shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of uniform international law, in particular the UN Convention on Contracts for the International Sale of Goods, and to the exclusion of private international law.

21.2 The exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contract is the registered office of ALPHA LASER.

21.3 If the customer is based outside the EU, the following applies instead of 21.2: All disputes arising out of or in connection with a contract including these T&Cs will be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) to the exclusion of ordinary legal recourse. The arbitral tribunal consists of three arbitrators. The place of arbitration is Munich. The language of the proceedings is English.

22. Severability clause

If any provision of the contract concluded between the parties is or becomes wholly or partially void, invalid, or unenforceable, or if a provision that is necessary in and of itself is missing, the validity and enforceability of all remaining provisions of the contract shall remain unaffected. The void, invalid, or unenforceable provision shall be replaced, or the gap in the provisions shall be filled, by a legally permissible provision that corresponds as closely as possible to what the parties intended or would have agreed upon in accordance with the meaning and purpose of the contract had they recognized the invalidity or the gap in the provisions. Section 139 of the German Civil Code (BGB) does not apply; therefore, neither party is required to demonstrate or prove the parties’ intent to maintain the contract even without the void, invalid, unenforceable, or missing provision.

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