I. Validity of the General Terms and Conditions

These terms and conditions apply to the entire contractual relationship, including its execution. They form the basis of offers and agreements. These terms and conditions shall form the basis of all future deliveries and services, even if their inclusion is not expressly agreed again. Deviating terms and conditions shall only be valid if they are recognized by us in writing upon conclusion of the contract. We hereby expressly object to confirmations of the customer with a corresponding reference to the customer's terms and conditions.

II Prices and terms of payment

Our offers are always subject to change. Our prices are net prices. The price calculation is based on the price valid on the day of delivery or service; in € (Euro); plus the applicable value added tax, unless a different price agreement has been made.All payments are to be made in euros exclusively to ModellTechnik Rapid Prototyping GmbH

Our invoices are due within 30 days net without deduction from the invoice date. If payment is received within 10 days of the invoice date, we grant a discount of 2%, unless otherwise agreed.

If the agreed payment date is exceeded, interest of 2% at the discount rate of
the Deutsche Bundesbank will be charged.

We reserve the right to refuse checks and bills of exchange. Checks and rediscountable bills of exchange shall only be accepted on account of performance; all associated costs shall be borne by the customer. In the case of new business relationships, we reserve the right to demand an appropriate advance payment.

The purchaser is only entitled to withhold payments or to offset them against any counterclaims insofar as these have been recognized in writing by ModellTechnik Rapid Prototyping GmbH or have been legally established.

Default in payment or endangerment of our claims due to deterioration in the creditworthiness of the purchaser entitles us to demand immediate payment of all our existing claims arising from the business relationship, irrespective of the term of any bills of exchange, or to demand security.

In such cases, we shall also be entitled to make outstanding deliveries only against advance payment or provision of security.A contract is concluded by our written order confirmation. For orders, in particular longer-term orders, a written contract is required between both contracting parties. Unless otherwise agreed, our prices are exclusive of packaging and shipping.

Subsidiary agreements, reservations, amendments, verbal assurances or additions to our contracts to our contracts require our written confirmation in order to be valid.

If, after the quotation has been submitted or the order has been confirmed and up to delivery the relevant cost factors (sales and transportation taxes, materials, wages, freight materials, wages, freight rates, energy costs, customs duties) change significantly, then ModellTechnik Rapid Prototyping GmbH and the purchaser shall agree on an adjustment of the prices and prices and the cost shares for molds.

III Delivery and delivery periods

The delivery time stated in the offer or the order confirmation is generally nonbinding. Delivery periods shall commence upon receipt of all documents required for the execution of the order documents required for the execution of the order and any material orders in good time, insofar as such have been agreed. Delivery periods shall commence upon approval by the customer, but not upon clarification of of all necessary contractual provisions. Delivery periods shall end on the day of dispatch by the supplier, unless fixed delivery dates have been agreed. Delays in delivery due to the fact that the customer requests changes to the original changes to the original order shall be borne by the customer.

In the event of force majeure and other unforeseeable, extraordinary circumstances circumstances for which we are not responsible, e.g. difficulties in procuring materials, disruptions, strikes, lockouts, lack of means of transportation, official interventions, energy supply interventions, energy supply difficulties, etc., even if they occur with any suppliers; the delivery period shall be extended to a reasonable extent, if we are prevented from fulfilling our obligations on time

If the delivery or service becomes impossible or unreasonable due to the aforementioned unreasonable, ModellTechnik Rapid Prototyping GmbH is released from the obligation to deliver or perform.

If, in the above-mentioned cases, the delivery time is extended or if ModellTechnik Rapid Prototyping GmbH is released from the delivery or obligation to deliver or perform, any claims for damages and rights of withdrawal derived from this claims for damages and rights of withdrawal on the part of the client.

If the aforementioned circumstances occur at the client's premises, the same legal consequences shall also apply to the client's obligation to take delivery.

We can only invoke the aforementioned circumstances if we inform the client of this immediately.

IV. Transfer of risk

Unless otherwise agreed, shipment and transportation of our deliveries and services shall be at the risk and full risk of our contractual partner. Unless otherwise agreed, ModellTechnik Rapid Prototyping GmbH chooses the packaging, type of shipment and shipping route.

Unless otherwise agreed, the risk shall pass to our contractual partner upon dispatch, even if partial deliveries are made or we have assumed other services, such as shipping costs, transportation or installation.At the written request of the customer, the goods shall be insured at his expense against risks to be specified by him.

The risk of accidental destruction or accidental loss of the dispatched goods shall pass to our contractual partner at the latest when the goods are handed over to the first carrier.

Even in the case of carriage paid delivery, the risk shall pass to the customer when the goods leave the supplier's works. In the event of delays in dispatch for which the customer is responsible, the risk shall already pass upon notification of readiness for dispatch.

V. Retention of title

All deliveries and services provided and manufactured by us remain the property of ModellTechnik Rapid Prototyping GmbH until all claims to which our contractual partner is entitled from the business relationship have been settled in full.

For the duration of the retention of title, the purchaser is prohibited from pledging or transferring ownership by way of security and resale is only permitted to resellers in the ordinary course of business and only on condition that the reseller receives payment from its customer or makes the reservation that ownership is only transferred to the customer when the latter has fulfilled its payment obligations in full.

In the event of resale, our contractual partner hereby assigns to us by way of security all claims arising from the resale against its customers and other claims, including all current account balance claims, together with all ancillary rights. Our contractual partner is entitled to collect the assigned claims.

The authorization to collect shall expire if our contractual partner ceases to make payments, files for insolvency or insolvency proceedings are opened, including in the event of out-of-court composition proceedings or other financial collapse. In this case, we can demand that our contractual partner informs us of the assigned claims and their debtors, provides all information necessary for the collection of the claims, hands over the relevant documents and notifies the debtor of the assignment.

The customer is permitted to process, transform or combine the reserved goods with other items. The processing, transformation or combination is carried out for ModellTechnik Rapid Prototyping GmbH. The purchaser will store the new item for ModellTechnik Rapid Prototyping GmbH with the care of a prudent businessman. The processed, transformed or combined item is deemed to be reserved goods.

In the event of processing, transformation or combination with other items not belonging to ModellTechnik Rapid Prototyping GmbH, ModellTechnik Rapid Prototyping GmbH is entitled to co-ownership of the new item in proportion to the ratio of the value of the processed, transformed or combined goods subject to retention of title to the value of the other processed goods at the time of processing, transformation or combination. If the purchaser acquires sole ownership of the new item, ModellTechnik Rapid Prototyping GmbH and the purchaser agree that the purchaser shall grant ModellTechnik Rapid Prototyping GmbH co-ownership of the new item created by processing, transformation or combination in the ratio of the value of the processed, transformed or combined goods subject to retention of title to the other processed, transformed or combined goods at the time of processing, transformation or combination.

In the event of culpable breach of essential contractual obligations by the purchaser, in particular in the event of default in payment, ModellTechnik Rapid Prototyping GmbH is entitled to take back the goods after issuing a reminder. The purchaser is obliged to surrender the goods. The taking back or assertion of the retention of title or the seizure of the delivery item by ModellTechnik Rapid Prototyping GmbH does not constitute a withdrawal from the contract, unless ModellTechnik Rapid Prototyping GmbH has expressly declared this. ModellTechnik Rapid Prototyping GmbH is entitled, after prior warning, to utilize the reserved goods taken back and to satisfy its claims from the proceeds, taking into account the outstanding claims.

VI Copyrights

The copyrights and ownership of drawings, tools, all technology data, plans and other copyrightable services that we provide for our contractual partners shall remain with us. Separate contracts are required for the acquisition of licenses or rights of use.

The documents, tools etc. may only be made accessible to third parties, i.e. persons who are not contractual partners, with the prior written consent of ModellTechnik Rapid Prototyping GmbH. In the event of a breach of this obligation, the contractor is obliged to compensate for any resulting damage.

VII Follow-up orders

Tools and data are stored and saved for up to 6 months after delivery of the prototypes. After that, the tools are scrapped and the data deleted without notifying the customer.

VIII. Acceptance

If formal acceptance has not been agreed and no acceptance is requested, the service shall be deemed to have been accepted 30 working days after delivery.

If no acceptance is requested and our contractual partner has put the service into operation, acceptance shall be deemed to have taken place 6 working days after the start of use.

At the request of the client, self-contained parts of a service are to be partially accepted.

IX. Provision of security

ModellTechnik Rapid Prototyping GmbH is entitled to demand security from its contractual partner in the form of a guarantee for the services to be provided by it, including associated ancillary claims. Only unconditional, unlimited, irrevocable, directly enforceable guarantees from a major bank, savings bank or credit insurance company based in the EU, waiving the plea of anticipatory action, will be accepted.

X. Warranty and liability

If the work or the delivery item is defective or lacks warranted characteristics, ModellTechnik Rapid Prototyping GmbH is obliged to supply a replacement or make improvements to the exclusion of further warranty claims by the client.

We must be informed immediately of any recognizable or notable defects.

In the case of recognizable defects, however, claims must be made in writing to ModellTechnik Rapid Prototyping GmbH within 10 working days of delivery at the latest, and in the case of non-recognizable defects immediately after they become apparent, but no later than 30 working days after delivery.

Claims due to the absence of a warranted characteristic can only be asserted if a specific characteristic has been expressly warranted by us in writing in the individual case. Liability is determined in accordance with the statutory regulations. However, ModellTechnik Rapid Prototyping GmbH only accepts liability for consequential damage if this was the subject of the warranty.

If our contractual partner or third parties commissioned by our contractual partner make changes to the objects of our deliveries or services, any warranty in this respect shall lapse.

Claims arising from warranty, positive breach of contract and culpa in contrahendo are subject to a limitation period of 6 months, unless ModellTechnik Rapid Prototyping GmbH has fraudulently concealed the defect. The limitation period begins with the acceptance of the work or the handover of the delivered item.

All claims for damages by our contractual partners arising from breach of duty, delay, impossibility of performance, positive breach of contract, culpa in contrahendo, tort and other legal grounds are excluded, insofar as the damage or consequential damage that has not occurred to the delivery item itself has not been caused by intentional or grossly negligent action. The limitation of liability shall apply to the same extent to our vicarious agents and assistants.

Claims by our contractual partners, in particular claims for compensation for damage that has not occurred to the work manufactured and delivered by us, are excluded unless we are responsible for the damage intentionally or through gross negligence. Insofar as liability is not excluded in accordance with the above sentence, claims for damages due to the absence of warranted characteristics, initial inability, delay, impossibility, positive breach of contract, culpa in contrahendo and tort are limited to typical and foreseeable damages.

ModellTechnik Rapid Prototyping GmbH cannot invoke the above limitations of liability if the defect has been fraudulently concealed or a guarantee has been assumed for the deliveries and services.

XI. Data protection notice

We would like to point out to our contractual partners that we process personal data exclusively for business purposes, e.g. for processing orders, sending offers and other inquiries (e.g. warranty inquiries) with the help of electronic data processing in accordance with the provisions of the basic data protection regulations of the GDPR. In this respect, we refer to our valid data protection information, which you can find athttps://www.modelltechnik.de/datenschutz.

XII Place of performance, place of jurisdiction and applicable law

The place of performance for all obligations arising from the contractual relationship is Waltershausen.

The exclusive place of jurisdiction for legal disputes arising from the contractual relationship as well as the formation and validity of the contractual relationship, except in the case of § 689 paragraph 2 of the German Code of Civil Procedure (dunning procedure is Waltershausen).

The contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of international uniform law, conflict of laws provisions and to the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

XIII Final provisions

Should a provision in these General Terms and Conditions or a provision within the framework of other agreements between the Client and the Contractor be or become invalid, the remaining provisions shall remain unaffected and shall then be interpreted or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner. This shall also apply to any gaps that may need to be filled. This shall not affect the validity of the remaining provisions or agreements, which shall remain binding.

Collateral agreements to our contracts must be made in writing to be valid. This also applies to a waiver of the written form clause as such.

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„ It is impressive how MODELLTECHNIK has set up complete small series production including quality assurance in a very short time.“
Stefan PulsfortLeiter Versuchsaufbau, Austattung und Prozesssteuerung, Volkswagen Osnabrück GmbH