GTC

§1 - Scope of application

a) IBR Leiterplatten GmbH & Co KG (hereinafter referred to as "IBR") shall deliver and perform only in accordance with the following General Terms and Conditions. Supplementary and deviating terms and conditions of the customer shall only be valid if IBR has expressly agreed to them in writing.

b) These General Terms and Conditions apply to both consumers and entrepreneurs, unless expressly differentiated in detail.

c) All information provided on websites, in brochures, advertising and non-binding offers constitutes an invitation to the customer to place a binding order. The order shall be accepted by written order confirmation. Objections to the order confirmation must be raised by the customer in writing without delay.

d) The customer may only order within the technical parameters specified by IBR. IBR may make non-binding offers for special requirements if the requirements do not correspond to the standard parameters

e) In the event of contradictory information within the documents, digital production data originating from the customer shall take precedence over other information.

§2 - Right of withdrawal for consumers

If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following applies to distance contracts that are concluded using exclusively means of distance communication (e.g. orders via online store):
a) Right of withdrawal

The customer may revoke his contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to him before the deadline expires - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of the information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations under § 312e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to:

IBR Leiterplatten GmbH & Co. KG
Raiffeisenstraße 26
74906 Bad Rappenau
Germany
E-Mail: office@ibr-leiterplatten.de
Fax: 07264-95956-95

b) Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the customer is unable to return the performance received in whole or in part or only in a deteriorated condition, the customer must compensate IBR for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for the customer in a store, for example. Furthermore, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were his property and by refraining from doing anything that could impair its value. Items that can be sent by parcel post shall be returned at the expense and risk of IBR. Items that cannot be sent by parcel post shall be collected from the customer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the declaration of revocation or the goods, for IBR with their receipt.

End of the withdrawal policy

c) Exclusion of the right of revocation

The above right of revocation does not apply to distance selling contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.

d) Sample withdrawal form

(If you wish to cancel the contract, please complete this form and return it to us).

To
IBR Leiterplatten GmbH & Co. KG
Raiffeisenstraße 26
74906 Bad Rappenau
Fax: 07264-95956-95
E-Mail: office@ibr-leiterplatten.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Bestellnummer ________________________

(*)Ordered on _________________/(*)received on ___________________

Name ____________________

Address ______________________

Signature, if not transmitted digitally

Date of order

(*) complete/delete as appropriate

§3 - Prices, payments and settlements

a) For deliveries or services that are not to be delivered or provided within a period of three months after conclusion of the contract, IBR shall be entitled to adjust the price in accordance with increases in wage and material costs that have occurred in the meantime. The same shall apply irrespective of the delivery and performance period for deliveries and services provided within the framework of a continuing obligation.

b) If a significant deterioration in the financial circumstances of the customer occurs after conclusion of the contract or if such a deterioration in the financial circumstances becomes apparent after conclusion of the contract and IBR's payment claims are jeopardized as a result, IBR shall be entitled to refuse further performance of the contract until the customer provides the consideration or security for it. If the customer is in arrears with payments, all claims against him, regardless of whether they have already been invoiced or not, shall become due immediately, unless the delay in payment was not caused by the customer.

c) Payments by the customer shall always be offset against claims already due in accordance with §§ 366 Para. 2, 367 BGB, unless the customer stipulates otherwise. The customer is not permitted to offset payments against other than undisputed or legally established claims.

§4 - Deadlines and dates

a) Unless otherwise agreed, deliveries by IBR shall be deemed to be obligations to be performed by IBR in due time when the goods are handed over to the carrier at IBR's place of business or an IBR warehouse.

b) The commencement of agreed delivery periods or completion periods or compliance with agreed deadlines requires the clarification of all necessary technical issues. This applies in particular to the customer's obligations to cooperate. In the event of non-compliance with agreed deadlines, the customer shall grant IBR a reasonable grace period to provide the contractual service owed. Additional deadlines must be set in writing.

c) In cases of force majeure, labor disputes and similar events for which IBR is not responsible, the performance period of IBR shall be extended by the duration of these events. If the events last longer than 3 months, either party may withdraw from the contract. Statutory rights of withdrawal that have already effectively arisen remain unaffected. IBR shall not be liable for delays in performance due to events for which IBR is not responsible and shall not reimburse any expenses or damages incurred as a result.

d) Subsequent requests by the customer for changes or additions agreed with IBR shall lead to a reasonable extension of agreed dates and deadlines. The preparation of the delivery, including notification of readiness for dispatch and the organization of other agreed measures for the fulfilment of the contract, shall generally take place on working days within normal business hours.

e) IBR shall be entitled to make reasonable partial deliveries and render partial services. From an order quantity of 15, excess or short deliveries of up to 10% of the ordered quantity in the manufacture of printed circuit board products are customary in the industry for technical reasons and do not justify complaints or refusal of acceptance. The payment claim resulting from the delivery quantity shall be reduced or increased accordingly. Early deliveries or services are permissible unless expressly agreed otherwise.

f) If the customer is in default of acceptance, IBR may demand compensation for the usual storage costs as well as compensation for other additional expenses for the storage and preservation of the delivery item. Furthermore, the risk of accidental loss or accidental deterioration shall pass to the customer at the point in time at which the customer is in default of acceptance. If the default of acceptance also constitutes a debtor's delay, IBR shall be entitled to demand compensation for any resulting damages. Further statutory claims of IBR shall remain unaffected by this.

g) IBR shall be liable for debtor's delay for which it is responsible in accordance with §8

h) Products requiring an export license:
The customer undertakes to inform IBR immediately and without being requested to do so if it becomes apparent that a product ordered by the customer could be subject to foreign trade restrictions. All costs and damages incurred by IBR as a result of a breach of this obligation shall be borne by the customer if the customer is responsible for the breach. Delivery to the customer shall be subject to any necessary approvals from the competent authorities (e.g. Federal Office of Economics and Export Control BAFA).

§5 - Retention of title, withdrawal

a) IBR shall retain title to all deliveries until payment has been made in full.

b) Pledging, transfer of ownership by way of security, processing or transformation of the goods without the express consent of IBR is not permitted before full transfer of ownership. The customer is obliged to notify IBR immediately if third parties assert claims with regard to the goods.

c) In the event of breach of contract by the customer, in particular in the event of default in payment, IBR shall be entitled to withdraw from the contract in accordance with the statutory provisions, to demand the return of the reserved property and to utilize it otherwise.

d) If the customer is an entrepreneur within the meaning of § 14 BGB, he shall be entitled to resell the goods in the ordinary course of business; however, he hereby assigns to IBR all claims in the amount of the final amount invoiced to him by IBR (including value added tax) which accrue to him from the resale against his customers or third parties. The customer shall remain authorized to collect this claim even after its assignment. IBR's authorization to collect the claim itself shall remain unaffected by this. However, IBR undertakes not to collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment and no application for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, IBR may demand that the customer discloses the assigned claims and their debtors, provides IBR with all information necessary for collection as well as the relevant documents and notifies its debtors of the assignment.

e) In the event that IBR's ownership of the goods delivered subject to retention of title expires due to combination (e.g. in the event of installation), the customer's (co-)ownership of the uniform item shall pass to IBR pro rata according to the invoice value of the goods subject to retention of title and shall be kept safe by the customer free of charge.

f) IBR undertakes to release the securities at the customer's request to the extent that their realizable value exceeds the claims to be secured by more than 10%.

§6 - Obligations of the customer to cooperate

a) If the provision of agreed services requires the cooperation of the customer, the customer shall ensure that IBR is provided with all necessary and appropriate information and data in good time and in the required quality. This includes all necessary descriptions of the ordered service provision such as drawings, data, product descriptions, specifications and delivery requirements. An obligation to collect information and data is expressly excluded.

b) If the customer does not meet its obligations to cooperate, does not meet them in full or does not meet them on time, IBR's performance period shall be extended accordingly until the customer meets its obligations to cooperate. Furthermore, the customer shall compensate IBR for any expenses and damages caused thereby, unless the customer is not responsible for the breach of duty.

§7 - Rights in respect of defects

a) IBR manufactures its products in accordance with the state of the art applicable at the time of conclusion of the contract. Intended uses of the customer that go beyond the normal use of the products or that require a quality that deviates from the usual, in particular safety-related applications, such as use in aerospace, medical technology or automotive, must be contractually agreed and thus confirmed in the order confirmation.

b) Subject to the following clauses, the customer's warranty claims against IBR shall otherwise be governed by the statutory provisions.

c) Normal wear and tear typical of consumption shall not constitute a defect. The customer must follow the operating, storage and/or maintenance recommendations of IBR or the manufacturer. Only authorized modifications may be made, professional spare parts replaced and consumables used that meet the required specifications. If breaches of these obligations by the customer lead directly or indirectly to defects, IBR shall not be liable for this.

d) The customer must notify the supplier in writing of obvious defects within 7 calendar days at the latest - calculated from receipt of the goods - and of defects that are not recognizable within the same 7-day period after the defect was discovered. Otherwise, the assertion of an obvious warranty claim is excluded. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the obligation to inspect and give notice of defects pursuant to § 377 HGB (German Commercial Code) shall remain unaffected. In the event of a notice of defect, the customer shall be obliged to describe the symptoms of the defect to IBR in writing and in detail or, at IBR's request, to make defective devices or parts available for inspection and subsequent performance.

e) In the event of a defect, the customer shall set IBR a reasonable deadline for subsequent performance. IBR reserves the right, at its own discretion, to provide subsequent performance by repair or subsequent delivery. If the subsequent performance has failed or is unreasonable for the customer, the customer has the right to withdraw from the contract or to reduce the purchase price. Withdrawal is excluded if IBR's breach of duty is merely insignificant.

f) For warranty claims, a limitation period of 24 months shall apply from the transfer of risk for deliveries to consumers and 12 months for deliveries to entrepreneurs. In the case of work performances, a period of 12 months shall apply from acceptance for entrepreneurs and 24 months for consumers. The aforementioned limitation periods shall not apply to recourse claims pursuant to Sections 478, 479 BGB, fraudulently concealed defects and claims for damages pursuant to Clauses 8.3 to 8.6; the statutory limitation period shall apply here.

g) Separately issued guarantees by IBR shall remain unaffected by the above warranty provisions.

h) Parts replaced in the course of rectification or subsequent delivery shall become the property of IBR and shall be returned by the customer at the request and expense of IBR.

i) If it turns out that IBR provides services due to defects alleged by the customer without there being a warranty case, the customer shall reimburse IBR for the expenses incurred as a result, unless the customer was not responsible for this.

j) The provisions of §8 shall also apply to warranty claims for damages.

§8 - Liability

a) IBR shall not be liable for damage for which IBR is not responsible, in particular not for damage caused by improper use or handling of the products. The customer is obliged to follow the operating, storage and maintenance recommendations of IBR or the manufacturer, to make only authorized changes, to replace spare parts professionally and to use consumables that meet the required specifications. Both before and regularly after the provision of the deliveries and services by IBR, the customer shall carry out data backups on its IT systems at sufficiently regular intervals, if necessary. IBR shall not assume any liability for damage caused by or attributable to a breach of the aforementioned obligations by the customer.

b) IBR shall not be liable for any legal reason whatsoever for direct or indirect damage caused by slight negligence on the part of IBR or its vicarious agents.
c) The limitation of §8b) shall not apply if IBR or its vicarious agents have breached a material contractual obligation (so-called cardinal obligation). In this case, however, IBR's liability shall be limited to typical damages foreseeable at the time of conclusion of the contract.
d) The limitation of §8b) shall not apply to breaches of duty by IBR or its vicarious agents that result in injury to life, limb or health.
e) The limitation of §8b) shall not apply to mandatory statutory liability provisions such as those of the Product Liability Act.
f) IBR shall be liable without limitation for grossly negligent and intentional breaches of duty.
g) The statutory limitation periods shall apply.
h) The above limitations of liability shall also apply in favor of IBR's executive bodies, employees and vicarious agents with regard to any personal liability.

§9 - Copyrights

a) If IBR manufactures on behalf of the customer according to drawings, models, samples or other technical documents provided by the customer, the customer shall guarantee that the property rights of third parties are not infringed. If third parties prohibit IBR in particular from manufacturing and delivering such items with reference to existing industrial property rights, IBR shall be entitled - without being obliged to examine the legal situation - to cease any further activity to the extent concerned and to demand compensation from the customer. By handing over such drawings, documents, etc., the customer shall indemnify IBR upon first request against all claims of third parties in this connection.

§10 - Data protection, confidentiality

a) The IBR data protection declaration is an integral part of the contract

a) This address data of the customer may also be transmitted to affiliated companies of IBR or to persons commissioned with the fulfillment for the purpose of contract fulfillment and credit assessment.

b) IBR and the customer undertake to treat all commercial and technical details that they receive or become aware of from the other contracting party during the performance of the contract as business secrets as long as the other contracting party has not made them publicly accessible.

c) IBR regularly checks the creditworthiness of the customer when concluding contracts and in certain cases where there is a legitimate interest. For this purpose, IBR works together with Creditreform (Creditreform Mannheim Dangmann KG, Augustaanlage 18, 68165 Mannheim), from which IBR receives the necessary data. For this purpose, IBR transmits the customer name and contact details to Creditreform. Further information on data processing at Creditrefom can be found in the detailed Creditreform information sheet in accordance with Art. 14 EU GDPR or at www.creditreform-mannheim.de/EU-DSGVO

IBR Leiterplatten GmbH & Co KG
Raiffeisenstr. 26
DE 74906 Bad Rappenau