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Terms and conditions

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Stat-X Deutschland GmbH · General terms dated 1 January 2025

English translation of the published German terms. The former section 6 is replaced by the reference to the separate terms for training and services.

German source text

1. Scope

These general conditions of sale and delivery apply only to transactions between businesses. All deliveries, services and quotations by our company, and payments to us, are governed exclusively by these conditions. Any differing individual agreements must be in writing and apply only to the transaction concerned, expressly not to subsequent transactions. Acts of performance by us do not constitute agreement to contractual conditions differing from ours. The customer’s differing purchasing terms are valid only if expressly accepted by us in writing. By accepting goods or services, the customer accepts our general terms to the exclusion of its purchasing terms. Unless expressly identified in writing as binding, our quotations are non-binding.

2. Conclusion of contract

A contract is concluded only upon our written order confirmation. Oral or telephone agreements are binding only if subsequently confirmed by us in writing. Execution documents presented to the customer, such as schedules, approval drawings, proofs and approval samples, must be checked by the customer, including all properties essential or required for the services and use of the product. Any necessary corrections must be clearly identified.

The customer assumes full liability for documents it provides, including drawings, gauges, samples, designs, films and printing blocks used as the basis for our services and deliveries, including ensuring their use does not infringe third-party rights. We have no duty to verify them. The customer must indemnify and hold us harmless against third-party claims.

We retain ownership, copyright or rights of use in all training materials, reports, schedules, data sheets, images, cost estimates, quotations, drawings, designs, equipment, films, printing plates, printing blocks and tools provided to the customer. Disclosure to third parties requires our written consent. Errors, typing mistakes and similar inaccuracies do not create obligations for us.

3. Prices

Unless otherwise agreed, prices are ex works (Incoterms 2010), plus packaging and VAT at the statutory rate. Prices are based on taking the ordered quantity in one lot. Partial deliveries must be expressly agreed in writing; associated additional costs are borne by the customer. Pallets and packaging are exchanged or charged at cost. Prices for moulds for thermoformed parts or special containers include sampling costs, but not testing and machining fixtures or changes requested by the customer.

4. Payment

Unless otherwise agreed in the quotation, payment is due to us without deduction within eight days of the invoice date. For first orders, we reserve the right to check creditworthiness and require payment before delivery. In the event of late payment, interest may be charged at the statutory rate for monetary claims between businesses in commercial transactions. The customer may not withhold payment because of incomplete delivery or complaints. If there are justified doubts about the customer’s solvency, we may make all claims immediately due. We may also withdraw from the contract after a reasonable additional period or claim damages for non-performance.

5. Delivery and acceptance obligations

Delivery periods and dates stated by us are non-binding and subject to unrestricted transport availability and complete, correct and timely supply to us. They are binding only if confirmed by us in writing. This commitment ceases if the customer subsequently changes the order. We may make and invoice partial or advance deliveries. If delivery on call is agreed, goods are deemed called off no later than six months after ordering unless otherwise agreed. We reserve customary commercial dimensional tolerances unless exact dimensions have been expressly guaranteed. For custom manufacture and finishing, over- or under-delivery of up to 10% is permitted and reflected in the invoice.

6. Training and services

Training, seminars, courses, consultancy, audits, testing and other services are governed exclusively by the separate terms for training and services, version 1.0 dated 8 January 2026. The previous special conditions for learning services are no longer applied.

7. Defect notifications and warranty

The warranty period is one year without exception. Any change requires our express written assurance. We are liable for defects in supplied items insofar as they arise during proper use under our specified operating conditions and result from defective design or workmanship. Our oral and written application advice is non-binding and without liability, including regarding third-party intellectual property rights; it does not release the customer from checking suitability for the intended purpose.

Defects must be notified in writing within eight days of the goods arriving at their destination. Hidden defects must be reported immediately upon discovery. For properly made and justified complaints, we may, at our discretion, reduce the price, repair or replace the item, or refund the purchase price. Notification of a defect does not release the customer from payment obligations. Goods may not be returned without our prior consent.

We provide no warranty for third-party products. The corresponding warranty rights against their supplier are assigned to the customer. Compensation for consequential defects, lost profit, financial loss and damage from third-party claims, including intellectual property, copyright or competition-law claims, is excluded. This exclusion does not apply to liability for personal injury under product liability law.

8. Retention of title

We retain ownership of goods until the price has been paid in full. Asserting retention of title in the event of late payment or claims being endangered does not constitute withdrawal from the contract. The customer may not pledge, transfer by way of security or otherwise encumber goods supplied under retention of title.

9. General provisions

If any provision is or becomes wholly or partly invalid, the remaining provisions remain valid. The invalid provision is replaced by a provision with an economic effect as close as possible to it. The competent court with subject-matter jurisdiction is in Berlin. The contract is governed by German law, excluding conflict-of-law rules referring to other legal systems. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

To avoid litigation costs, contact by post must first be made in the event of justified complaints, incomplete information, competition-law issues or similar problems. A chargeable lawyer’s warning without this prior contact is rejected as inadmissible in view of the duty to mitigate loss.