General Terms and Conditions with Customer Information

1. Validity of the GTC

a. The following General Terms and Conditions (hereinafter referred to as „GTC“) shall apply exclusively to the business relationship between Haigis Gewichtefertigung GmbH, Schwabstrasse 72, DE 72461 Albstadt (hereinafter referred to as „Vendor“) and the purchaser, who is hereinafter referred to as „Customer“, of the Vendor‘s products, goods and services (hereinafter referred to as „Products“ or „Goods“).

b. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer‘s deviating terms and conditions.

c. „Entrepreneur“ within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

d. The offer of the Vendor is directed exclusively to Customers who are entrepreneurs (also referred to as „Business Customers“ or „B2B“). By placing an order or registering as a Customer, Customers declare that they are an entrepreneur and not a consumer.

2. Contract Text and Contract Language

a. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.

b. The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).

c. The contractual language is German, contracts can be concluded in this language.

3. Prices and Shipping Costs

a. Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).

b. In addition to the prices indicated, the Seller shall charge the following shipping costs for delivery: We deliver from the factory. Packaging, freight, postage and customs are the responsibility of the customer. In the case of deliveries abroad, this also applies to additional taxes.

4. Payment Methods and Terms

a. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.

b. The following payment methods are available to Customers:

c. Purchase on account - The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 30 days without deduction by payment to the Vendor‘s bank account, unless otherwise agreed. The payment method purchase on account is only available up to an invoice amount of Euro.

d. Costs incurred by reminders of due receivables will be charged to the Customers. The Vendor is entitled to claim reminder costs in a lump sum amount of 5,00 Euro. In the case of Customers who are entrepreneurs, the Vendor is entitled to claim flat-rate reminder fees in a lump sum amount of 5,00 Euro. The Customers have the right to prove no, or lower costs.

e. The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. In the case of Customers who are entrepreneurs, the Vendor shall be entitled to charge interest on arrears at a rate of at least 5 percentage points above the base interest rate applicable at the time. The Customer‘s obligation to pay interest on arrears shall not

preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

5. Purchase on account

a. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

b. For Customers who are entrepreneurs, the following shall apply in addition: The Vendor shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the purchased goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the reserved goods by the Customer shall always be carried out for the Vendor. If the reserved goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the goods subject to retention of title. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the reserved goods with a real property. Access by third parties to the goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall

bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the goods subject to retention of title (including all current account balance claims). The Vendor evocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer‘s request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

6. Delivery, Availability of Goods

a. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.

b. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

c. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, the Vendor may withdraw from the contract. In this case, the Vendor will inform the Customer without delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

d. In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.

e. For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Vendor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary. Production and processing according to the Customer‘s specifications

a. If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer‘s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as „Cooperation“).

b. The Customer shall be informed of his required Cooperation within the product description or the ordering process.

c. In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.

d. The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer‘s Cooperation.

e. The Vendor shall not bear any costs for the Cooperation of the Customer.

f. The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer‘s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.

g. The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

7. Warranty and Liability

a. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.

b. The Vendor shall only be liable to customers who are Entrepreneurs for information on products and their condition, insofar as this has been communicated by the Vendor or manufacturer‘s information has been for public statements and advertising statements of the manufacturer, suppliers or third parties.

8. Final provisions

a. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

b. The place of jurisdiction shall be at the Vendor‘s (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor‘s country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

Last Update: 20. December 2021