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General Terms & Conditions

General Terms and Conditions (GTC) of OKM GmbH

As of: July 2026

Definitions (apply to both parts)

Continue to: Terms and Conditions for Consumers

A.1 Scope of Application

(1)These GTC apply to all offers, deliveries, sales, repairs, services, training courses, software, licenses, and any other services provided by OKM to business customers within the meaning of Section 14 BGB.

(2)A business customer within the meaning of these GTC is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

(3)Deviating, conflicting, or supplementary general terms and conditions of the customer do not become part of the contract, even if OKM does not expressly object to their applicability in an individual case. They only apply insofar as OKM has expressly agreed to their inclusion in writing.

(4)Individual agreements take precedence over these GTC, provided they have been confirmed in writing.

(5)The version of these GTC applicable at the time the contract is concluded shall exclusively apply.

(6)The contracts are subject to the law governing the sale of goods pursuant to Sections 433 et seq. BGB, unless they are repair, work, training, consulting, or other service contracts. The relevant statutory provisions shall apply in addition to such contracts.

A.2 Conclusion of Contract

(1)All offers made by OKM are subject to change and non-binding, unless expressly designated as binding.

(2)A contract is only concluded upon OKM's written order confirmation, delivery of the goods, or commencement of the performance of the service.

(3)Information contained in catalogues, brochures, presentations, product descriptions, videos, training materials, technical documentation, or on websites does not constitute a guarantee of quality unless expressly agreed in writing.

(4)OKM reserves the right to make technical changes, design changes, software changes, firmware updates, and production-related changes, provided these are reasonable for the customer and do not materially impair the purpose of the contract.

(5)Information regarding detection depths, ranges, possible applications, measurement results, scan images, or comparable performance data is based on empirical values under optimal conditions and does not constitute guaranteed characteristics or warranties. The results actually achievable depend in particular on soil composition, mineralization, moisture, object size, material, location, electromagnetic influences, environmental conditions, and the proper operation of the device.

(6)Statements made by employees, sales partners, or other third parties do not constitute a warranty or an agreement on the quality of the goods unless expressly confirmed in writing by OKM.

(7)All offer documents, drawings, software, documentation, manuals, and other materials remain the property of OKM and are protected by copyright. They may not be made accessible to third parties, reproduced, or otherwise used unless OKM has expressly agreed to this in writing.

A.3 Prices

(1)All prices are net prices, plus the applicable statutory value-added tax as well as any transport, insurance, customs, import, export, or other public-law charges that may apply.

(2)Unless otherwise agreed, deliveries are made ex works (EXW in accordance with the Incoterms® in the version applicable at the time).

(3)The customer shall bear the costs of packaging, shipping, transport insurance, import duties, customs formalities, or other incidental costs, unless expressly agreed otherwise.

(4)Cost estimates for repairs are generally non-binding. The actual repair costs may reasonably exceed the cost estimate where this becomes necessary due to circumstances only identified during the repair. The customer will be informed of any significant additional costs.

(5)The customer shall bear all transport costs associated with repairs — in particular outbound and return shipping, insurance, customs costs, or storage costs — unless otherwise required by law.

(6)If a repair order is not placed after a cost estimate has been prepared, OKM is entitled to charge a reasonable fee for the cost estimate as well as all shipping, storage, and processing costs incurred.

A.4 Payment

(1)Unless otherwise agreed in writing, invoices are due for payment immediately and without deduction.

(2)OKM is entitled to make deliveries or services wholly or partly dependent on advance payments, deposits, or suitable security.

(3)If the customer defaults on payment, OKM is entitled to claim default interest at the statutory rate as well as further damages resulting from the default.

(4)In the event of payment default, imminent insolvency, an application for insolvency proceedings, suspension of payments, or other circumstances that materially impair the customer's creditworthiness, OKM is entitled to

(5)Set-off against counterclaims or withholding of payments is only permitted insofar as the counterclaim has been legally established or is undisputed.

(6)Payments are only deemed to have been made once they have been finally credited to OKM's account.

A.5 Delivery and Delay in Delivery

(1)Delivery dates and delivery periods are only binding if expressly confirmed in writing by OKM. All delivery periods only begin once all commercial and technical questions have been clarified, the customer has fulfilled all necessary cooperation obligations, and any agreed deposits or advance payments have been received in full.

(2)Compliance with agreed delivery periods requires that the customer fulfils its contractual obligations completely and on time. Delays resulting from delayed cooperation on the part of the customer shall extend agreed delivery periods accordingly.

(3)OKM is entitled to make reasonable partial deliveries and render partial performance, provided these are reasonable for the customer.

(4)Delivery periods shall be extended appropriately in the event of force majeure or other events beyond OKM's control. These include, in particular: strikes and lawful lockouts; pandemics and epidemics; natural disasters; fire, floods, or accidents; war, terrorism, or civil unrest; embargoes and sanctions; governmental measures; cyberattacks or IT failures; energy or raw material shortages; transport and supply chain disruptions; delays on the part of upstream suppliers, provided these are not attributable to OKM.

(5)If such events last longer than three months, OKM is entitled to withdraw from the contract in whole or in part, provided that performance of the contract is thereby made significantly more difficult or impossible. The customer shall have no claims for damages in this regard, to the extent permitted by law.

(6)If OKM defaults on a delivery, the customer must first set a reasonable grace period of at least two weeks in writing.

(7)The customer may only claim damages for delay in delivery in accordance with the liability provisions of these GTC (A.9).

A.6 Transfer of Risk and Shipping

(1)The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover of the goods to the carrier, the freight forwarder, or the person otherwise designated to carry out the shipment (sale involving carriage of goods, Section 447 BGB), but at the latest when the goods leave the factory or warehouse. This applies irrespective of whether shipment takes place from the place of performance or who bears the freight costs.

(2)If shipment is delayed for reasons attributable to the customer, the risk passes to the customer as soon as notice of readiness for shipment is given.

(3)The mode of shipment, shipping route, and choice of transport company are at OKM's reasonable discretion, unless a differing written agreement has been made.

(4)Transport insurance will only be taken out at the customer's express request and at the customer's expense.

(5)The customer must immediately notify the transport service provider of any identifiable transport damage and take all measures necessary to preserve evidence. Failure to give such notice does not affect statutory rights but may make it more difficult to enforce claims against the transport service provider.

(6)Delays caused by customs authorities, import controls, or other governmental bodies outside Germany are beyond OKM's area of responsibility. The customer bears all costs, delays, and risks arising therefrom, provided these were not caused intentionally or through gross negligence by OKM.

A.7 Retention of Title

(1)All goods delivered remain the property of OKM until full payment of all present and future claims of OKM arising from the business relationship.

(2)The customer is obliged to handle goods subject to retention of title with care and, at its own expense, to insure them appropriately against loss, theft, and damage.

(3)Seizures, confiscations, or other access by third parties to goods subject to retention of title must be reported to OKM in writing without delay. The customer must promptly provide all documents required to safeguard OKM's rights.

(4)Pledging or assignment as security of the goods subject to retention of title is not permitted.

(5)Resale of the goods subject to retention of title is permitted in the ordinary course of business. The customer hereby already assigns to OKM, by way of security, all claims arising from any such resale in the amount of the invoice value of the goods subject to retention of title. OKM accepts this assignment.

(6)The customer remains entitled, until revoked, to collect the assigned claims in its own name. OKM is entitled to revoke this collection authorization, in particular in the event of payment default or a material deterioration in the customer's financial circumstances.

(7)Interference with the hardware or software, in particular unauthorized repairs, modifications, alterations, tampering, or the installation of non-approved components, does not affect OKM's ownership rights and may — without prejudice to statutory rights — result in the loss of the customer's contractual claims.

(8)Insofar as the realizable value of the security permanently exceeds the claims to be secured by more than 20%, OKM will release security of its own choosing at the customer's request.

A.8 Warranty

(1)The limitation period for warranty claims for new goods is twelve (12) months from the transfer of risk. This does not apply insofar as the law mandatorily prescribes longer periods pursuant to Section 438(1) No. 2 BGB (buildings and items for buildings), Section 445b BGB (recourse), or Section 634a(1) No. 2 BGB, nor for claims arising from intent or gross negligence, fraudulent concealment of defects, injury to life, body, or health, from a warranty, or under the Product Liability Act. The statutory limitation periods apply in these cases. For used goods, the warranty is excluded to the extent permitted by law; the above exceptions apply accordingly.

(2)The customer must carefully inspect the delivered goods and all services immediately upon receipt and report any identifiable defects in writing no later than within five (5) business days (cf. Section 377 of the German Commercial Code, HGB). Hidden defects must be reported in writing immediately upon their discovery. If timely notice is not given, the deliveries and services shall be deemed approved with respect to the relevant defect, to the extent permitted by law.

(3)Goods that are the subject of a complaint may only be returned after prior consultation with OKM. Upon request, they must be made available for inspection in full, including accessories and documentation.

(4)In the event of a warranty claim, OKM is entitled, at its own discretion, to remedy the defect or provide a replacement delivery. If subsequent performance ultimately fails or is unreasonable for the customer, the customer's further rights shall be governed by the statutory provisions and these GTC.

(5)A warranty claim shall in particular not exist if the defect is attributable to: improper operation or use contrary to the operating instructions; incorrect installation or commissioning by the customer or third parties; natural wear and tear or normal usage wear; unsuitable operating or environmental conditions; use of hardware, software, accessories, or spare parts not approved by OKM; unauthorized repairs, modifications, interventions, or alterations to the device; damage caused by transport after the transfer of risk; force majeure or other external influences.

(6)Information regarding detection depths, measurement results, material identification, visualizations, or possible applications does not constitute a guarantee of quality. Deviations therefrom do not constitute a defect unless a specific characteristic has been expressly agreed in writing.

(7)Software, firmware, and digital content are provided in accordance with the respective state of the art. Complete freedom from errors, uninterrupted availability, or compatibility with all hardware or software environments is not owed, to the extent permitted by law.

(8)No warranty claims exist for defects based on an incorrect interpretation of scan or measurement results or on decisions made by the customer based on such results.

A.9 Liability

(1)OKM is liable without limitation in cases of intent, gross negligence, and for damages resulting from injury to life, body, or health, in accordance with the statutory provisions.

(2)In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place, and on whose observance the customer may regularly rely.

(3)In all other respects, OKM's liability for slight negligence is excluded, to the extent permitted by law.

(4)To the extent permitted by law, OKM shall in particular not be liable for: lost profits; missed finds or search successes; excavation, salvage, or exploration costs; misinterpretation of measurement data or scan results; indirect or consequential damages; production losses or business interruptions; data loss; financial losses resulting from decisions made by the customer; damages resulting from improper use or non-compliance with the operating instructions; damages resulting from statutory restrictions or governmental measures in the country of use.

(5)Measurement results, scan images, 3D representations, and software evaluations serve exclusively as technical support and do not constitute expert opinions or binding statements regarding objects or geological conditions actually present.

(6)The customer is solely responsible for all decisions regarding excavations, drilling, construction work, or other measures.

(7)Before sending in a device for diagnosis, maintenance, or repair, the customer must back up all data on its own responsibility. To the extent permitted by law, OKM is not liable for data loss occurring in the course of diagnosis, maintenance, or repair.

(8)Insofar as liability is excluded or limited, this shall also apply for the benefit of OKM's legal representatives, employees, agents, and other representatives.

A.10 Copyright and Intellectual Property Rights, Confidentiality

(1)All copyrights, trademark rights, patents, designs, software, firmware, documentation, manuals, scanning procedures, evaluation methods, and all other industrial property rights remain exclusively with OKM or the respective rights holder.

(2)Without OKM's prior written consent, it is in particular prohibited to reproduce or modify software; tamper with firmware; make technical alterations to devices; analyze or reverse-engineer source code, to the extent permitted by law; circumvent technical protection measures; or reproduce or distribute documentation or training materials.

(3)The customer undertakes to treat all confidential information received in the course of the business relationship as strictly confidential and to use it exclusively for the performance of the relevant contract.

A.11 Contractual Penalty

(1)If the customer culpably breaches the confidentiality or intellectual-property obligations set out in A.10, OKM is entitled to demand a contractual penalty of EUR 5,000 for each case of culpable infringement. In the case of a continuing infringement, each month commenced shall be deemed a separate infringement. The amount of the contractual penalty must be reasonably limited; in individual cases, the customer retains the right to raise the objection under Section 343 BGB.

(2)The assertion of further damages remains unaffected; any contractual penalty incurred shall be offset against a claim for damages. The customer retains the right to prove that the damage incurred was lower.

A.12 Product Discontinuation and Product Changes

(1)OKM is entitled to discontinue products or product series for technical, economic, regulatory, or production-related reasons (phase-out) and to cease their manufacture or delivery.

(2)If an ordered product is no longer available at the time of delivery, OKM is entitled to offer the customer a technically and functionally equivalent successor product. The customer has no claim to delivery of a specific product model or a specific product generation unless expressly agreed otherwise in writing. Acceptance of an offered successor product is at the customer's discretion.

(3)Orders already confirmed will be fulfilled wherever possible. If performance is permanently impossible due to the product discontinuation or for other reasons not attributable to OKM, OKM is entitled to withdraw from the affected part of the contract. Payments already made for products that cannot be delivered will be refunded without delay. Further claims by the customer, in particular for damages, are excluded, unless otherwise provided by these GTC or mandatory law.

(4)OKM will inform the customer of the product discontinuation and, where available, of suitable successor products in an appropriate manner.

(5)Unless legally required or expressly agreed contractually, OKM is under no obligation to continue manufacturing or supplying a discontinued product indefinitely.

A.13 Availability of Spare Parts

(1)After a product series is discontinued, OKM will endeavor to keep spare parts available for a reasonable period, insofar as this is technically and economically feasible and taking into account availability from upstream suppliers.

(2)An obligation to provide specific spare parts for a specific period only exists insofar as this is legally required or expressly agreed in writing.

(3)If original spare parts are no longer available, OKM is entitled to offer technically equivalent spare parts or suitable alternative solutions, provided the functionality and safety of the product are not materially impaired as a result.

A.14 Export Control and Sanctions

(1)The delivery and export of the products may be subject to restrictions under German, European, U.S., or other applicable foreign trade, export control, and sanctions law. The customer confirms that the acquisition, export, re-export, transfer, and use of the products do not violate such regulations.

(2)The customer is solely responsible for compliance with all applicable export control and sanctions regulations as well as all laws of the country of destination and use, in particular any required authorizations. The customer will not, directly or indirectly, supply the products to sanctioned persons, organizations, or countries, or use them for sanctioned or prohibited purposes.

(3)OKM is not obliged to fulfil contracts insofar as export control or sanctions regulations prevent performance. In this case, OKM is entitled to refuse performance and withdraw from the contract, without the customer being entitled to claim damages or any other claims as a result.

(4)The customer shall indemnify OKM against all claims, damages, fines, and costs arising from a breach by the customer of the foregoing obligations, insofar as the customer is responsible for such breach.

A.15 Place of Performance, Jurisdiction, Applicable Law, Final Provisions

(1)The place of performance for all deliveries and services is OKM's registered office.

(2)If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship is OKM's registered office. OKM remains entitled to sue the customer at the customer's general place of jurisdiction as well.

(3)The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted by law.

(4)Should any individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the original provision.

Part B – Terms and Conditions for Consumers (B2C)

B.1 Scope of Application

(1)These GTC apply to all contracts between OKM and consumers within the meaning of Section 13 BGB regarding the sale of goods, software, accessories, and spare parts, as well as repair, training, consulting, and other services.

(2)A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

(3)Deviating general terms and conditions of the consumer shall not apply unless OKM has expressly agreed to their applicability in writing.

(4)Individual agreements take precedence over these GTC.

(5)The version of these GTC applicable at the time the contract is concluded shall be authoritative.

B.2 Conclusion of Contract

(1)All offers made by OKM are subject to change and non-binding.

(2)In the online shop, the presentation of products does not constitute a binding offer but an invitation to submit an offer. By clicking the order button "order with obligation to pay," the consumer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

(3)The contract is concluded once the consumer has completed payment of the purchase price in full; OKM accepts the consumer's offer by processing the payment. An automatically generated confirmation of receipt of the order merely documents that the order has been received and does not yet constitute acceptance of the contract.

(4)Outside the online shop — in particular for individual offers, repair orders, or special orders — the contract is concluded by written order confirmation, delivery of the goods, or commencement of performance by OKM.

(5)Product images, technical drawings, videos, advertising materials, brochures, and information on websites serve exclusively as a general description of the product and do not constitute a warranty or an agreement on quality unless expressly agreed in writing.

(6)OKM reserves the right to make technical changes, design changes, software or firmware updates, and production-related changes, provided these are reasonable for the consumer and do not materially impair the function of the goods.

(7)Information regarding detection depths, ranges, possible applications, or measurement results is based on empirical values under favorable conditions. Actual results may vary considerably, in particular due to soil composition, mineralization, moisture, object size, material, location, electromagnetic influences, and proper operation.

(8)Statements made by employees or sales partners do not constitute a warranty unless expressly confirmed in writing.

B.3 Prices

(1)The prices agreed at the time the contract is concluded shall apply, including the applicable statutory value-added tax.

(2)Shipping costs, transport costs, and any import duties, customs charges, or other public charges that may apply will be shown separately, insofar as they are to be borne by the consumer.

(3)For deliveries to countries outside the European Union, delivery is made duty unpaid (delivery term DAP – Delivered at Place). Any customs duties, import turnover tax, and other public charges of the country of destination, as well as any processing fees charged by the transport service provider, shall be borne by the consumer; these are not included in the purchase price. OKM will point out, before completion of the order process, that such additional costs may arise and are to be borne by the consumer.

(4)Cost estimates for repairs are non-binding. If additional repair needs arise during the repair, OKM will inform the consumer before carrying out any further chargeable work.

(5)If no repair order is placed after a cost estimate has been prepared, OKM is entitled to charge an agreed fee for the cost estimate as well as any shipping and processing costs incurred, provided this has been agreed in advance.

B.4 Payment

(1)Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract.

(2)OKM is entitled to demand reasonable advance payments for individually manufactured products, custom-made products, or repair services.

(3)If the consumer defaults on payment, the statutory provisions shall apply.

(4)Set-off is only permitted with undisputed or legally established claims.

B.5 Delivery and Delay in Delivery

(1)Delivery dates and delivery periods are only binding if expressly confirmed by OKM.

(2)Delivery periods shall be extended appropriately in the event of force majeure or other unforeseeable events beyond OKM's control. These include, in particular, natural disasters, pandemics, strikes, embargoes, governmental measures, cyberattacks, energy shortages, and significant disruptions to international supply chains.

(3)Partial deliveries are permitted, provided they are reasonable for the consumer.

(4)Delays caused by customs clearance, import controls, or governmental measures in the country of destination are beyond OKM's control.

(5)The consumer's statutory rights in the event of delay in delivery remain unaffected.

B.6 Transfer of Risk and Shipping

(1)When selling to consumers, the risk of accidental loss and accidental deterioration of the goods only passes to the consumer, or a person designated by the consumer, upon handover of the goods; Section 447 BGB does not apply.

(2)If acceptance of the delivery is delayed for reasons attributable to the consumer, the statutory provisions shall apply.

(3)If the consumer expressly requests a particular mode of shipment or transport insurance, any resulting additional costs shall be borne by the consumer.

B.7 Retention of Title

(1)The delivered goods remain the property of OKM until full payment of all claims arising from the relevant contract.

(2)While the retention of title exists, the consumer is obliged to handle the goods with care and to protect them from avoidable damage.

(3)Prior to full payment, security interests in the goods subject to retention of title may not be granted in favor of third parties.

B.8 Warranty

(1)The statutory warranty rights apply, unless otherwise provided below.

(2)The consumer is requested to report obvious defects and transport damage as promptly as possible after receiving the goods. If no such notice is given, the statutory warranty rights remain unaffected.

(3)In the event of a warranty claim, OKM is entitled, in accordance with the statutory provisions, to initially provide subsequent performance by way of repair or replacement delivery.

(4)A defect does not exist, in particular, insofar as the defect asserted is demonstrably attributable to the following circumstances: improper operation or use contrary to the operating instructions; unauthorized repairs or modifications to the device; use of hardware, software, or accessories that have not been approved; external damage caused by dropping, fire, water, overvoltage, or other external influences; natural wear and tear or normal usage wear. The statutory allocation of the burden of proof, in particular Section 477 BGB, remains unaffected.

(5)Information regarding detection depths, measurement results, material identification, visualizations, or possible applications does not constitute a warranty. Deviations therefrom do not constitute a defect unless an express agreement on quality has been made.

(6)Software, firmware, and digital content are provided in accordance with the state of the art. Due to technical complexity, complete freedom from errors or unrestricted compatibility with all hardware and software environments cannot be guaranteed.

(7)If the goods are goods with digital elements (Sections 327a, 475b BGB), OKM will provide the consumer with the updates necessary for the goods to retain their contractually agreed and objectively required characteristics (in particular functional and security updates). OKM will inform the consumer of such updates. The period during which updates will be provided is two years from the handover of the goods; further statutory rights of the consumer remain unaffected. If the consumer fails to install provided updates within a reasonable period, OKM shall not be liable for defects attributable solely to the absence of the relevant update, provided OKM has properly informed the consumer about the update and the consequences of failing to install it.

(8)No warranty claims exist with regard to an incorrect interpretation of scan results or economic decisions made by the consumer based on such results.

B.9 Liability

(1)OKM is liable without limitation in cases of intent and gross negligence, as well as for damages resulting from injury to life, body, or health, in accordance with the statutory provisions.

(2)In the event of a slightly negligent breach of material contractual obligations, OKM shall only be liable for the foreseeable damage typical for this type of contract.

(3)In all other respects, liability shall be governed by the statutory provisions.

(4)Measurement results, scan images, 3D visualizations, and software evaluations serve exclusively as technical support and do not constitute a binding statement regarding objects actually present, their location, size, material, or depth.

(5)OKM provides no guarantee of any particular search, excavation, examination, or economic success. In particular, there is no guarantee that an object is present in the area examined; that an object will be detected; that a particular detection depth will be achieved; that measurement results can be unambiguously interpreted; or that excavations or other measures will be successful.

(6)Decisions regarding excavations, drilling, construction work, or other measures are made solely at the consumer's own responsibility.

(7)The use of the devices does not replace any archaeological, geological, geotechnical, or other expert examination.

(8)Liability under the Product Liability Act, as well as liability arising from an express warranty or a warranty of quality, remains unaffected by the foregoing liability provisions.

(9)Before sending in a device for repair or maintenance, the consumer is required to back up, on their own responsibility, any data stored on the device (e.g. scan and measurement data, individual settings). OKM shall only be liable for the loss of such data to the extent permitted by law; the liability provisions in B.9 (1) to (3) — in particular unlimited liability for intent and gross negligence, as well as for injury to life, body, or health — remain unaffected. Insofar as OKM is liable for a loss of data, liability shall be limited to the effort required for restoration that would also have been incurred had the consumer carried out a proper data backup.

B.10 Copyright and Intellectual Property Rights

(1)All rights to software, firmware, manuals, documentation, product images, evaluation methods, and other content remain exclusively with OKM or the respective rights holder.

(2)Without OKM's prior written consent, it is in particular prohibited to modify software or firmware; circumvent technical protection measures; reproduce or distribute documentation or training materials; or copy or replicate devices or software for commercial purposes.

(3)The consumer's statutory rights of use remain unaffected by this.

B.11 Right of Withdrawal

(1)In the case of distance contracts (in particular orders placed via the online shop, by email, or by telephone), consumers are generally entitled to a 14-day right of withdrawal in accordance with the statutory provisions. Details regarding the requirements, deadlines, and legal consequences can be found in OKM's separate withdrawal notice.

(2)For contracts concluded directly on OKM's business premises or as part of personal, in-person consultation, there is no statutory right of withdrawal or return, unless otherwise required by law.

(3)Beyond the statutory right of withdrawal, OKM does not grant any voluntary right of return or exchange for goods free of defects.

(4)The consumer's statutory warranty rights remain unaffected by the foregoing provisions.

B.12 Product Availability, Successor Products, and Spare Parts

(1)If an ordered product is permanently no longer available at the time of delivery because the relevant product series has been discontinued, OKM will inform the consumer of this without delay. In this case, OKM will offer, where available, a technically and functionally equivalent successor product. There is no claim to delivery of a specific product model or a specific product generation.

(2)If the consumer does not accept an offered successor product, or if no such product is available, OKM is entitled to withdraw from the contract with respect to the affected product. OKM will refund without delay any payments already made for products that cannot be delivered. Further statutory rights remain unaffected.

(3)After a product series is discontinued, OKM will endeavor to keep spare parts available for a reasonable period, insofar as this is technically and economically feasible and taking into account availability from upstream suppliers. If original spare parts are no longer available, OKM is entitled to offer technically equivalent spare parts or suitable alternative solutions, provided the functionality and safety of the product are not materially impaired as a result.

B.13 Export Control, Applicable Law, Consumer Dispute Resolution, Final Provisions

(1)Export control and sanctions. The consumer confirms that the acquisition and use of the devices does not violate export control or sanctions regulations, and bears responsibility for compliance with the laws of the country of destination. If export control or sanctions law prevents performance, OKM is entitled to refuse performance and withdraw from the contract.

(2)Applicable law. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the consumer has their habitual residence in another state, mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected by this choice of law, insofar as they are more favorable to the consumer (Art. 6 Rome I Regulation).

(3)Consumer dispute resolution. OKM is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG).

(4)Severability clause. Should any individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

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