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General Terms and Conditions

Applicable in national and international business transactions with companies, legal persons under public law and special public funds.

Scope of application Name

These General Terms and Conditions of Sale (hereinafter referred to as "Terms and Conditions") apply to all business transactions between (hereinafter: "COMM-TEC") and the customer, even if they are not expressly referred to in subsequent contracts.

Terms and conditions of the customer that conflict with, supplement or deviate from these Terms and Conditions shall not become part of the contract, unless COMM-TEC has expressly agreed to their application in writing. These Terms and Conditions shall also apply if COMM-TEC carries out a delivery to the customer without reservation whilst being aware of the customer’s conflicting or deviating terms and conditions.

Agreements which supplement or deviate from these Terms and Conditions and which are made between COMM-TEC and the customer for the performance of a contract must be set out in writing in the contract. This also applies to the cancellation of this written form requirement.

 

Rights to which COMM-TEC is entitled by law beyond these Terms and Conditions shall remain unaffected.

2

Conclusion of contract and quality owed

COMM-TEC's offers and cost estimates are subject to change and non-binding, unless they are expressly designated as binding. Illustrations, pictures, drawings, information about weight, measurement, performance and dimensions and other descriptions of the goods that may be contained in the documentation which forms part of the offer shall be approximations only unless they are expressly promised to be binding, in writing or electronically. They shall not constitute an agreement or guarantee of a corresponding quality of the goods. COMM-TEC reserves all property rights and copyrights to all offer documents. Such documents shall not be made accessible to third parties.

3

Cancellation of a binding order by the customer

Cancellation of a binding order by the customer is generally excluded. This shall apply in particular to special procurements.

If, in exceptional cases, COMM-TEC decides to accept the cancellation of a binding order as a gesture of goodwill, COMM-TEC shall be entitled to charge a cancellation fee. This applies in particular to non-stock goods. The purchaser is at liberty to prove that expenses in this amount were not incurred.

4

Confidentiality

The customer shall be obliged to treat all information about COMM-TEC that becomes available to the customer and is designated as confidential or can be identified as a trade or business secret due to other circumstances as confidential for an unlimited period of time, and the customer must not record, disclose or exploit any such information.

The customer shall enter into adequate contractual agreements with the employees and agents working for it to ensure that they, too, refrain for an unlimited period of time from any exploitation, disclosure or unauthorised recording of such trade and business secrets for their own purposes.

Drawings, models, patterns, samples or similar items may only be used for the purpose of performing the contract and must not be made available to, or otherwise accessible by, unauthorised third parties. Such items may only be reproduced where this is necessary for operational reasons, within the limits defined by copyright law.

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