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1. Scope

The following general contractual terms and conditions of Rottmann Group GmbH (“Manufacturer”) apply to all contractual relationships
in B2B (entrepreneur to entrepreneur) application and are considered
Part of the contract, unless in an individual agreement
otherwise agreed in writing between the manufacturer and the customer.

These general terms and conditions also form the basis for subsequent contracts until they are expressly revoked. Other
Conditions, in particular contradictory conditions of the client, do not become part of the contract, even if they do not
was expressly contradicted. Additions, changes, additional agreements or deviating conditions will only be made then
Content of the contract if they are expressly accepted by us in writing.

2. Offers and order confirmations

If the order qualifies as an offer in accordance with Section 145 of the German Civil Code (BGB), the manufacturer can accept it within 3 weeks.

are deemed to have been accepted by us either in writing
be confirmed or if they are received shortly after receipt of the order
be executed. Then the execution, the delivery note or the invoice is to be understood as acceptance of the order. One
confirmation of the order
must be carefully kept by the contractual partner immediately upon receipt
to check completeness and accuracy. One
Twice changes before approval are free of charge, after which further desired changes are actually made
Additional expenses must be paid, but at least a flat rate of €50.00.

everything in connection with the placing of the order to the client
documents provided, such as: B. Calculations, drawings
etc. we reserve the property rights and copyrights. These documents may only be used with our express written consent
be made accessible to third parties or reproduced. You are in
If the order is not placed immediately

Unless otherwise agreed in writing, the manufacturer's offers are non-binding.

The order confirmation is decisive for the scope of the delivery.

The manufacturer may make design and shape changes as long as these changes are not fundamental and thereby
the contractual purpose is only insignificantly restricted.

3. Prices and payment terms

When purchasing a tablet, a certain purchase price is due. Per
A certain amount is due monthly for the license. Priority applies
the individual prices reflected in our offers and order confirmations.

required data carriers, packaging and shipping
invoiced separately. During any provision
Services provided at the customer's location must be paid for separately.

Our prices are subject to change until delivery/service. As far as the price calculation bases between the conclusion of the contract
and contractual performance change, in particular by increasing raw material prices, wages, etc., we are entitled to an appropriate
We will make price adjustments, which we will inform the customer about immediately. If the price changes by more than 10%,
The customer is entitled to do so within 10 days of the price change being announced
To withdraw from the contract if it has not yet been fulfilled.
The new prices are then considered approved.

The deduction of cash discounts requires express prior written agreement.

Unless otherwise stated in the order confirmation, this is the case
Net invoice amount (without deductions) within 8 days
Invoice date due for payment.

In the event of late payment, the default interest and other costs incurred as a result of the delay must be reimbursed. The default interest
amount to 9 percentage points above the relevant base interest rate, Section 288 Paragraph 2 BGB.

If the number of pieces, dimensions change after the contract has been concluded or if the client wishes to make changes to the design, these will be the case
The agreed prices and the total price will be reduced or increased in accordance with the change. Will be between completion and
of the contract taxes, fees or charges increased, or new
introduced, we are entitled to charge the purchase price in the same amount
Dimensions too
increase. The same applies to a collective agreement or statutory agreement
Increase in wage and ancillary wage costs. Price increases
Any other costs associated with the execution of the contract can also be passed on to the purchaser.
Freight reimbursements for collection are not granted. You have packaging materials (transport packaging) on ​​site at your own expense
dispose. A flat rate fee will be charged for pallets that are not returned. H.v. €15.00 charged per pallet.

Bill payments are only permitted after special agreement. Bills of exchange and checks are always only accepted as payment, not
but taken in instead of fulfillment. Bill of exchange charges and bill of exchange taxes are borne by the client. in case of a
In the event of a check or bill of exchange protest, the contractor can make immediate payment step-by-step by returning the check or bill of exchange
demand, even for papers that are due later.

the delivery or service 3 months after conclusion of the contract or later
If this occurs, we are entitled to charge additional costs

We are entitled to secure our claim to remuneration
The client provides security up to the amount of the remuneration for the work/
to demand the purchase price by submitting a self-debt form
unlimited bank guarantee (performance guarantee) or one
Security. We will request this in text form
and gives the customer the opportunity to ensure security
within a deadline
of 2 weeks. If the purchaser provides what is required
Security is not provided within the set deadline,
so are we
entitled to withdraw from the contract. In any case, we have our back
Right to refuse performance until the service has been provided
Security deposit in the required amount.

The manufacturer is entitled to charge the rent for the first time after twelve months
(12) months after conclusion of the contract with a written notice
of three (3) months to the end of the month, if and to the extent that
yours for maintaining the contractual
The costs incurred due to the condition of the contract software have increased. The customer has the right to terminate the software rental agreement within one
Cancellation within six weeks of receipt of the announcement of a rent increase.

4. Delivery

The agreed goods must generally be picked up by the client from the contractor. If the goods are dispatched by the
If the contractor agrees, shipping will be carried out from the workshop at the expense and risk of the client. Will be dispatched
agreed to a specific location, the client must ensure that the unloading point is accessible by truck and
ensure suitable unloading options. Any waiting times
can be invoiced by us, depending on
half hour €90.00 for each half hour started €90.00
(unless it can be proven
a higher demand).
Any unloading must be carried out immediately and properly by the customer.

Partial deliveries are permitted to a reasonable extent.

written delivery notice, no delivery date has been agreed.
Any information provided by telephone is invalid and non-binding.

The clarification begins with the delivery time specified by the manufacturer
all technical questions ahead. Subsequent wishes of the
After changes or additions, the delivery time will be extended
appropriate scope. The same applies to entry outside
the will of unforeseen events such as force majeure, export and import bans, strikes and lockouts.

Compliance with the delivery obligation also requires timely and
proper fulfillment of the customer's obligation.
The exception of the unfulfilled contract remains reserved.

the customer is in default of acceptance or culpably injures others
Obligations to cooperate, the manufacturer is entitled to do so
to demand compensation for any resulting damage, including any additional expenses. Further claims remain

The requirements of paragraph 4.3 are present, there is a risk of one
accidental loss or accidental deterioration
of the subject matter of the contract passes to the customer at the point in time at which the customer defaults on acceptance or defaults on payment.

The manufacturer is entitled to make partial deliveries or partial services at any time, provided this is reasonable for the customer.

Written notification of readiness to deliver is sufficient for delay in acceptance.

5. Transfer of risk, acceptance and packaging costs

The agreed goods must generally be picked up by the client from the contractor. If the goods are dispatched by the
If the contractor agrees, shipping will be carried out from the workshop at the expense and risk of the client. Will be dispatched
agreed to a specific location, the client must ensure that the unloading point is accessible by truck and
ensure suitable unloading options. Any waiting times
can be invoiced by us, depending on
half hour €90.00 for each half hour started €90.00
(unless it can be proven
a higher demand).

written delivery notice, no delivery date has been agreed.
Any information provided by telephone is invalid and non-binding.

In the case of a work contract, the risk of accidental loss passes upon acceptance, but no later than 30 days
productive use or completion of the agreed service, unless the customer proves that there is a significant defect
exists and reasons for this in writing to the manufacturer.

Acceptance of the delivered service and/or software provided
must be made in writing by the customer, but no later than 30
days after
the notification of completion by the manufacturer, if the customer
does not prove that there is a significant defect
and justify this in writing to the manufacturer.

Transport and all other packaging in accordance with the packaging regulations will not be taken back; excepted
are pallets. The customer is obliged to ensure that the packaging is disposed of at his own expense.

If the customer requests it, the manufacturer will cover the delivery with transport insurance; those required for this
The customer bears the costs.

In the
Our service is limited to grinding and mixing operations
Provision of the system with operating personnel. The processing
The grinding and mixing material provided is carried out according to the instructions and under the supervision and responsibility of the customer.
The customer is solely responsible for the quality and purity of the ground and mixed material provided. The customer
guarantees that the ground and mixed material provided by him is free from impermissible admixtures, in particular from
/ residues. He is liable for all damages and consequences resulting from this
any contamination of the system
its ground and mixed material result.

6. Restrictions on the right of use, overuse

The customer is not entitled to use the contract software via the
to edit and/or reproduce the data beyond the contractual use.

Individual components of the software may not be used for purposes other than those specified by the manufacturer.

Customers are also prohibited from analyzing the contract software
reassemble or edit in whatever way
or change. The back translation into other code forms (“decompilation”) as well as other types of re-development of the
The customer is not permitted to use different production stages of the contract software (“reverse engineering”).

Customers are prohibited from using the software in the contract software as well as in the
User manual or other documentation included
Proprietary and copyright notices, serial numbers, version numbers, stickers, labels or trademarks of the manufacturer or
other manufacturers to remove, change or make illegible.

The customer may only use the software for the purpose of its internal
to process business transactions and those of such companies,
are affiliated with it within the meaning of Section 15 AktG (“group company”).
In particular (1) a data center operation for third parties or (2)
the temporary provision of the software (e.g. as application service providing) to companies other than group companies
(3) the use of the software to train people who do not
are employees of the customer or its group companies
only permitted with the prior written consent of the manufacturer. Commercial subletting is generally prohibited.

The customer is entitled to changes, extensions and other modifications
Software within the meaning of Section 69 c No. 2 UrhG is only authorized to the extent that
than that
Law absolutely allows this. Before the customer himself or through
He allows the manufacturer to eliminate third errors
to eliminate the error. The customer has his own rights of use and exploitation of the edits - beyond these rights
The rights of use granted in the contract are not applicable. However, the manufacturer can - for appropriate remuneration - grant this
non-exclusive, spatially and temporally unlimited
Right of use with the right to sublicense.

Reproduction or reworking of the application documentation is not permitted.

The software and documentation may not be made accessible to third parties or used for the purposes of third parties
Access to the documents will be given.

The source code of a software is not part of the subject matter of the contract.

Any violation of the license conditions is subject to a contractual penalty
Amount of Euro 50,000 is forfeited. The manufacturer reserves the right
the assertion of higher damages.

Until the entire remuneration from the contractual relationship has been paid, the rights of use are transferred to
subject matter of the contract only subject to a suspensive condition. Until then, the customer's use is contractually agreed. The
Permission to use ends if the customer falls behind in paying the fee.

The commercial use of the contract software for third parties by means of the so-called “Application Service Providing (ASP)” or
as a Service (SaaS)” is not permitted. Furthermore, any use of the
Contract software beyond the contractually agreed extent,
e.g. b.
in the event of unauthorized simultaneous multiple use by several people
User, use in breach of contract. For the period
not that one
In the event of agreed overuse, the customer undertakes to pay the rent for the
Contract software based on the actual
Scope of use
according to the manufacturer's price list
Invoice must be paid immediately. Concealed
If the customer discovered the overuse and the manufacturer determined this otherwise, the customer is responsible for the unauthorized overuse
flat rate
Compensation in the amount of three times the rent that would apply to a entitled person
Use of the contract software in accordance with
The manufacturer's price list would have been due to be paid to the manufacturer. The customer remains at liberty to prove that
the manufacturer only suffered minor damage.

If the manufacturer provides the customer with additions (e.g. patches, additions) as part of repairs or maintenance
the user manual) or a new edition of the subject matter of the contract (e.g. update, upgrade) that was previously provided
Contractual items (“old software”) are replaced, they are subject to the provisions of this agreement.
the manufacturer provides a new edition of the subject matter of the contract,
the authority with regard to the old software expires
of the customer according to this contract, even without an express request for return from the manufacturer, as soon as the customer receives the new software
used productively. However, the manufacturer grants the customer a three-month transition period during which both versions of the
Contractual items may be used side by side.

7. Resale and subletting

The customer may not hand over the contractual items to a third party without our prior written consent.

8. Use of software protection mechanisms, Internet connection

Manufacturer supplies the contract software with a technical
Protection mechanism in the form of electronic licensing.
it is necessary that the customer has an internet connection
produces contract software. Otherwise the contract software
not be used.

Circumvention of technical protective measures violates the rights of the manufacturer and may also be punishable under certain circumstances.
In particular, the removal and/or bypassing of the software protection program routine is not permitted.

9. Data protection, confidentiality and order processing

The manufacturer has appointed a person responsible for data protection. The contact information of the person responsible is on the
Find the manufacturer's homepage.

The manufacturer only keeps the customer's personal data that it absolutely needs to analyze errors and maintain the service
Business relationship required. All data from third parties (e.g. customers and suppliers of the customer) will be processed promptly after the end of the period
Analysis deleted.

which are left to the manufacturer for data backup
protected from access by third parties based on the state of the art
and duly deleted after the termination of the contractual relationship.

Contractual partners, manufacturers and customers undertake to:
Reciprocity, all obtained within the framework of the contractual relationship
To treat knowledge of the contractual partner's business secrets and data security measures confidentially. This
Obligation remains in effect indefinitely even after termination of this contract.

The manufacturer will provide the customer with one upon request
Order processing contract available. This is separate
to request and
regulates order processing.

10. The customer’s obligations to cooperate and take care of themselves

In principle, the customer agrees that personal data
its employees, provided they are responsible for maintaining it
necessary for the business relationship, are stored in the manufacturer's systems and used for this very purpose.

The customer has informed himself about the essential functional features of the software
informs and bears the risk as to whether these correspond to his wishes and
corresponds; He has discussed any doubtful questions before concluding the contract
Employees of the manufacturer or by specialists
Get third party advice.

Setting up a functional one – and also taking it into account
the additional burden caused by the contractual items
Sufficiently dimensioned hardware and software environment for the contractual items is the sole responsibility of the

The customer provides the manufacturer with everything in a proper and contractual manner
Information required for operation, e.g. B. about accessibility
its infrastructure (IP addresses, names, port releases and access data) and ensures access to its infrastructure
Infrastructure over the Internet for maintenance and support purposes.

The customer names the contact persons in his company for the functional and technical support of his systems
the software provided by the manufacturer and provides the
Availability and expertise of this contact person is assured.

The customer thoroughly tests the contractual item (hardware, tablet and software) to ensure that it is free of defects and defects before use
in the existing hardware and software configuration. This also applies to
Software that he provides under warranty
and who receives care.

If he installs the software himself, he follows the instructions provided by the manufacturer
for the installation and operation of the software

If the manufacturer has further performance obligations beyond the provision of the contractual items, this applies
The customer can do this free of charge to the extent necessary, e.g. E.g. employees, workspaces, hardware and software, data and
Telecommunication facilities
provides and assists. The customer warrants that
before further performance obligations
all necessary preparatory work,
which are the responsibility of the customer, have been completed so that the manufacturer can do so
Services immediately after
arrival at the customer's premises.

The customer grants the manufacturer access to the contractual items for troubleshooting and troubleshooting purposes, at his discretion
directly and/or by means of remote data transmission. The manufacturer is
entitled to check whether the subject matter of the contract
be used in accordance with the terms of this Agreement. For this purpose, the manufacturer may request from the customer
Request information, in particular about the period and scope of use of the contractual items, as well as access to the books and
as well as the customer's hardware and software. The manufacturer is
for this purpose, to the usual ones and, if desired, also outside of them
to grant access to the business premises or access to the software systems during business hours.

Customer agrees that the manufacturer may inspect it for analysis purposes
receives into its database and, if necessary, copies of the information
Data necessary for analysis is transferred to devices and the manufacturer's infrastructure.

The customer shall take appropriate precautions in the event that the software does not function properly in whole or in part (e.g
through daily data backup, fault diagnosis, regular checking of data processing results).

So far
If the customer does not expressly point this out in advance, the manufacturer may
assume that all customer data with which
it can come into contact are secured.

The customer is obliged to keep all knowledge of trade secrets and business secrets acquired within the scope of the contractual relationship
The manufacturer's data security measures must be treated confidentially. This obligation remains even after termination
contract exists.

The customer bears any disadvantages and additional costs resulting from a breach of these obligations.

Before using the contract software, the customer is required to do all of the following
Functions of the contract software under the customer's control
Test the hardware and software environment and check the documentation provided. If defects are discovered by the customer,
report this to the manufacturer immediately. The customer will do this
all available to him for the elimination of the disturbance
forward necessary information to the manufacturer.

The customer is obliged to prevent unauthorized access to the contract software
as well as the user manuals or other documentation
to be prevented by taking appropriate precautions.

Upon request, the customer will provide the manufacturer with written information within a reasonable period of time as to whether the
Contract software is used by the customer in accordance with the contract, in particular whether the customer uses the contractually agreed scope of use
(e.g. regarding the number of installed licenses) and the terms of use.

The customer is obliged to take care of any incidents that occur when using the contract software
Report any errors to the manufacturer immediately in writing
and also to state and describe how the defect manifests itself, what its effects are and what they are
circumstances it occurs.

11. Warranty for material and legal defects

The legal regulations apply to the customer's rights in the event of material and legal defects (hereinafter “defects”), insofar as in
Nothing else is specified below.

The manufacturer guarantees that the contract software will be used in accordance with the contract
Use corresponds to their service description and does not
with defects
which affects the suitability of the contractual software for
contractually agreed use is more than irrelevant
affect. Insignificant deviations from the service description are not considered defects.

The manufacturer will correct the defects duly reported by the customer by means of subsequent performance, ie through repair or
replacement delivery,
remove. The right to vote, in whatever way by way of the
Subsequent fulfillment is the first step in eliminating a defect
at the
Manufacturer. The right of the manufacturer, the chosen type of
to refuse supplementary performance under the legal requirements,
stays untouched.
The manufacturer is entitled to provide the customer with a new version of the contract software (e.g. “update”, maintenance
Release/Patch”) which no longer contains the defect complained about or which eliminates it.

liable for slightly negligent violation of insignificant contractual obligations
we are not. Limited in cases of slightly negligent breach of duty
Otherwise, our liability is based on contract-typical damage foreseeable based on the type of goods. This also applies to light
Breach of duty by our representatives or vicarious agents. This
Limitations of liability do not apply in the event of
agreed guarantee or in the event of customer claims arising from product liability. Furthermore, the limitations of liability do not apply
Existence of the requirements according to 11.6 of this agreement.

The customer has the obligation to receive the goods immediately upon arrival
investigate. Obvious defects, regardless of their nature, are of
– if this is an entrepreneur – immediately upon acceptance of the goods
to reprimand. He has the goods for the purpose of checking
to be left untouched. We have the opportunity to jointly determine the complaints reported and to be present
when taking samples for material checks - otherwise removals are unusable and inadmissible.
Obvious complaints about the grinding and mixing performance of the system or any deliveries must be reported to us or the driver
be communicated immediately. Later complaints about defects are excluded.

Warranty claims expire 12 months after the transfer of risk. Further claims, no matter what they are
legal reason,
are excluded unless this is due to intent or gross negligence
Negligence based and as far as not life, body
or health is injured.

So far
liability for damages towards the manufacturer is excluded or
is restricted, this also applies with regard to the
personal liability for damages of the manufacturer's employees, employees, employees, representatives and vicarious agents.

In particular, the manufacturer is not liable for the replacement of
Data if it cannot be reproduced with reasonable effort
are. The customer is responsible for data backup.

The manufacturer is not obliged to provide a warranty if there are errors in the contract software
(1) Change in the application and operating conditions,
(2) Installation and operating errors
(3) Interference with the contract software, such as changes, adjustments, connections with other programs and/or
(4) use in breach of contract
occurred, unless the customer proves that the errors already existed when the contract software was handed over or
have no causal connection with the events mentioned above. The above does not apply if the customer agrees
Changes to the contract software, in particular when exercising the right to self-remedy defects in accordance with Section 536 a Paragraph 2 of the German Civil Code (BGB).
is authorized and these are carried out professionally and documented in a comprehensible manner.

12. Rental/contract period, contract termination

Unless otherwise stipulated in the order confirmation, the respective contract begins with its conclusion and has
a term of 12 months. The contractual relationship is automatically extended by a further 12 months, unless a
Contractual partner
with a notice period of 3 months before the end of the respective term
The contractual relationship has been terminated and the termination
has been received by the contractual partner.

Each contractual partner has the right to terminate the contract for important reasons
to terminate extraordinarily if he continues
of the contractual relationship is no longer reasonable. Termination by the customer due to non-granting of the contractual terms
According to Section 543 Paragraph 2 No. 1 BGB is only permitted if the manufacturer
sufficient opportunity to remedy defects
and this is considered to have failed. In particular, the manufacturer can terminate without notice and extraordinarily if
if the customer produces pirated copies of the contractual software and passes on the contractual software without authorization, unauthorized access is not permitted
decompiles the contract software without authorization, with more than two
monthly rental payments are in arrears or the
Contract software continued to be used in violation of the contract despite a warning.

To be effective, the termination of the respective contract must be in text form (e.g. in writing, by fax or email).

13. Retention of title

Goods, source code and the data carriers as well as the program documentation remain the property of the manufacturer until
Fulfillment of all claims against the customer, including those to which the manufacturer is entitled outside of the contract.

The copyright remains unrestricted with the manufacturer.

The goods delivered remain until we have completed our fulfillment
Purchase price claims including all related additional claims
Property. If the buyer is an entrepreneur, the delivered goods remain until
for the complete fulfillment of all demands that we
have against the buyer, our property. The buyer may neither pledge nor assign our goods as security.

Any processing, combination or mixing by the buyer of our goods is carried out on our behalf without our having to do so
from it
Liabilities arise. Unless we already do so by law
The owner transfers ownership or co-ownership to us
Buyer does
now co-ownership of the goods in the value of the reserved goods
resulting item and stores it as reserved goods
with commercial care for us.

The buyer is obliged to inform the third-party buyer of the retention of title on the goods and to inform us of this
The resale must be notified immediately, naming the third-party buyer precisely.

We authorize this subject to the transfer of co-ownership and claims and subject to revocation
Buyer agrees to sell reserved goods in the normal course of business
process and collect assigned claims. On
The buyer must request to name the assigned claims and notify the third party of the assignment; we are also ourselves
authorized to notify the third party of the assignment.
The customer hereby withdraws from any sale or other legal reason relating to the goods now or later
to us as security.

The buyer keeps the seller's (co-)ownership free of charge; The seller accepts the assignment.

The buyer is obliged to inform us immediately about any kind of access
Third parties in the reserved goods or in the assigned claims
inform us, as well as those necessary for legal prosecution
To provide information and documents in full.

the value of the securities that exist for us against our claims
the buyer overall by more than 10%
the fuse is released in the 10% excess.

The buyer is entitled to any proceeds collected by him/herself immediately
to take us away. A reluctance or reckoning of one
Payment due to any counterclaims by the buyer is excluded.

If the buyer does not fulfill his obligations to us or if there are justified doubts about his creditworthiness,
The buyer must return the reserved goods upon request and disclose the assigned claims and make them all available to us
to provide the documents and information required to collect these claims.

14. Place of performance and jurisdiction

Place of fulfillment
and exclusive place of jurisdiction for deliveries and payments, too
for bills of exchange and check liabilities, as well
all result from it
arising disputes, insofar as the contractual partner is an entrepreneur,
legal entity under public law
or special fund under public law, the headquarters of our company is in 48683 Ahaus.

15. Severability clause

Should one of these conditions be or become ineffective, this will not affect the validity of the remaining conditions
In such a case, the invalid provision must be reinterpreted as follows:
to be supplemented in such a way that the one with the invalid provision
intended economic purpose is achieved.