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GENERAL TERMS AND CONDITIONS

§ 1 Scope

1. These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 of the German Civil Code (BGB). We only accept terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.

2. These terms and conditions of sale also apply to all future transactions with the customer, provided that they are legal transactions of a similar nature (as a precaution, the terms and conditions of sale should always be included in the order confirmation).

3. Individual agreements made with the buyer in individual cases (including ancillary agreements, additions and changes) always take precedence over these terms and conditions of sale. The content of such agreements is determined, subject to proof to the contrary, by a written contract or our written confirmation.

§ 2 Offerand conclusion of contract

If an order is to be regarded as an offer in accordance with § 145 of the German Civil Code (BGB), we can accept it within two weeks.

§3 Documents provided

We reserve ownership and copyright to all documents provided to the customer in connection with the order - including in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in § 2, these documents must be returned to us immediately.

§ 4 Prices and payment

1. Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be invoiced separately. The purchase price must be paid exclusively to the account specified overleaf. The deduction of discounts is only permitted with a special written agreement.

2. Unless otherwise agreed, the purchase price must be paid within 30 days of delivery. Interest on arrears will be charged at a rate of 8% above the respective base interest rate per annum. The right to claim higher damages for delay remains reserved.

3. Unless a fixed price agreement has been made, reasonable price changes due to changes in wage, material and distribution costs remain reserved for deliveries that take place 2 months or later after the conclusion of the contract.

§ 5 Rights of retention

The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 Delivery time

1. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The objection of non-fulfillment of the contract remains reserved.

2. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental damage or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.

3. In the event of a delay in delivery that was not caused by us intentionally or through gross negligence, we are liable for each completed week of delay within the framework of a flat-rate compensation for delay amounting to 3% of the delivery value, but not more than 15% of the delivery value.

4. Other statutory claims and rights of the customer due to a delay in delivery remain unaffected.

§ 7 Transfer of risk upon dispatch

If the goods are dispatched to the customer at the customer's request, the risk of accidental damage or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when the goods leave the factory/warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.

§ 8 Retention of title

1. We retain title to the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the customer acts in breach of contract.

2. The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged to insure it at his own expense against theft, fire and water damage to the value of the item as new. If maintenance and inspection work has to be carried out, the customer must carry it out in a timely manner at his own expense. As long as ownership has not yet been transferred, the customer must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is unable to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the loss incurred by us.

§ 9 Warranty and notification of defects as well as recourse/manufacturer's recourse

1. The customer's warranty rights require that the customer has properly fulfilled his inspection and notification obligations under Section 377 of the German Commercial Code.

2. Claims for defects expire 12 months after the goods delivered by us have been delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, body and health based on an intentional or negligent breach of duty by the user.

3. If, despite all due care, the goods delivered have a defect that was already present at the time of transfer of risk, we will repair the goods or deliver replacement goods at our discretion, subject to timely notification of defects. We must always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction.

4. If the remedy fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

5. Claims by the customer for the expenses required for the purpose of remedying the defect, in particular transport, travel, labor and material costs, are excluded to the extent that the expenses increase because the goods delivered by us were subsequently transported to a location other than the customer's branch, unless the transport corresponds to their intended use.

6. The purchaser's recourse claims against us only exist to the extent that the purchaser has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 5 also applies accordingly to the scope of the purchaser's recourse claim against the supplier.

§ 10 Miscellaneous

1. This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation (note: the use of the clause is not permitted if at least one of the parties is a company not registered in the commercial register)

3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

KHAnalytics GmbH                         HRB: 2788

Zeppelinstr.8                                    district court: Coesfeld

48301 Nottuln                                  Vat ID No.: DE262313578

Tel. +49 (0)2509-994861               Bank: Volksbank Nottuln

Mail: info@khanalytics.de          IBAN:DE05 4016 4352 5104 3502 00