GTAC

General Terms and Conditions

§1 Scope (preliminary note)

For business relationships between Arctic TEC Technologies (hereinafter referred to as Arctic TEC) and the contracting partner, the following General Terms and Conditions shall exclusively be valid in the version that is valid at the time of contract conclusion. Deviating conditions of the contracting partner shall not be acknowledged by Arctic TEC unless Arctic TEC expressly consents to their validity.

§2 Conclusion of contract

The products, prices and services offered by Arctic TEC do not constitute an offer to conclude a sales and purchase agreement according to §§ 145 ff. BGB (German Civil Code). An order of the contracting party with Arctic TEC constitutes an offer to conclude a sales and purchase agreement. In this case it is irrelevant whether the order is placed by Arctic TEC itself or by one of its sales representatives or commercial agents. A sales and purchase agreement shall only be regarded as concluded when Arctic TEC provides written confirmation of the order or upon delivery of the goods or services. Arctic TEC shall be obligated to inform the purchaser without delay if the order is not accepted.

§3 Prices

The prices quoted by Arctic TEC are in EUR, if nothing else is agreed, excluding VAT as well as costs for shipping, packing and insurance. These costs are to be borne by the contracting party. Additional costs for urgent delivery or express delivery are basically to be borne by the contracting party.

§4 Deliveries

The agreement on binding or non-binding terms of delivery may only be concluded in writing. Terms of delivery shall be considered as non-binding if they were not expressly indicated in writing as being binding. The time of delivery shall commence with conclusion of the contract. Cases of force majeure or operational disruptions at Arctic TEC or their suppliers, which through no fault of Arctic TEC temporarily prevent Arctic TEC from delivering the object of purchase at the agreed date or within the agreed term, shall lead to prolongation of the agreed terms of delivery up to a maximum of 4 months. Should it not be possible to effect the delivery for reasons the contracting party is responsible for, or the contracting party declines acceptance with no legal basis, the contracting party shall bear the costs for the unsuccessful delivery. Return shipments shall be made at the expense of the contracting party. Any free return shipment may only be effected after prior approval by Arctic TEC.

§5 Dispatch

If dispatch of the goods ordered is required, this shall be effected from the registered office of Arctic TEC and at the risk of the contracting party. The selection of the means of transport shall be at the choice of Arctic TEC. Arctic TEC shall conclude transport insurance at the express written request of the contracting party and if the costs for the transport insurance are borne by the contracting party.

§6 Payment

Invoices from Arctic TEC shall be due for payment without any deduction within the term of payment indicated in the invoice. In the event of late payment, default interest to the statutory amount will be charged. The contracting party will be charged with the amount of 10.00 EUR by Arctic TEC for the cost of any reminder. Arctic TEC reserves the right to claim compensation for any further damages.

§7 Liability for defects

The contracting party shall be obligated to examine the goods immediately after receipt and to report in writing any existing recognisable defects, shortages and wrong deliveries within 5 working days after receipt of the delivery. Defects not reported in due time, namely not in accordance with the aforementioned duty, willll not be considered by Arctic TEC and shall be excluded from the warranty. Any return shipment of goods to Arctic TEC required in case of a defect may only be effected with the latter's prior consent. Arctic TEC will not have to accept any return shipments effected without their prior consent. In this case, the contracting partner shall bear the cost of the return shipment.

§8 Retention of title

Any goods delivered by Arctic TEC shall remain their property until the purchase price has been completely paid and all other claims resulting from the business relation have been settled (extended reservation of property). §9 Place of performance and jurisdiction Place of performance for deliveries and payments is 44319 Dortmund. Place of jurisdiction for any disputes between the contracting party and Arctic TEC is Dortmund. In any case, also including cross-border deliveries, these terms are governed by the laws of the Federal Republic of Germany.