General Terms and Conditions of Sale and Delivery

This English translation is provided for convenience only. The German version (Allgemeine Verkaufs- und Lieferbedingungen) is the sole legally binding version; in case of discrepancies, the German version prevails.

A) Scope

1. These Terms and Conditions of Sale and Delivery (in short: Terms) govern the legal relationship between us, DRIVS Systems GmbH, as contractor / service provider on the one hand, and our customers on the other hand, and apply to every form of order placement (e.g. contract of sale, contract for work, contract for work and materials, consulting contract).

2. Our deliveries, services and offers are made exclusively on the basis of these Terms. These Terms also apply to all future business relationships, even if they are not expressly referred to again before each individual transaction. Deviations from these Terms are only effective if confirmed by us in writing.

3. Any terms of business, purchasing or acceptance of the customer shall not take precedence over these Terms and shall only bind us if expressly acknowledged by us in writing in each individual transaction. In particular, we are not obliged to object to terms used by the customer that conflict with these Terms. Failure to object, or performance of the delivery or service on our part, shall in no case constitute consent or acknowledgement, even if we are aware of terms of the customer that conflict with or deviate from our Terms. Any reference on our part to documents of the customer does not constitute acknowledgement of the customer's terms or rules. If the customer first becomes aware of the existence or wording of our Terms through our commercial letter of confirmation or our order confirmation, these Terms shall be acknowledged in full by acceptance of the letter of confirmation or the order confirmation without objection.

B) Offer and conclusion of contract

1. Our offers are non-binding. In particular, the information on services and products contained in our catalogues, price lists, brochures, information materials, prospectuses, in the online shop, on our website, in displays at trade-fair stands, circulars, advertising mailings or other media is non-binding.

2. The information contained in our prospectuses, catalogues or similar documents, in the online shop, on our website and in our offer — in particular illustrations, digital colour reproductions, drawings, descriptions, dimensions, weight, performance and consumption data, delivery periods and information regarding the usability of our products — is only approximately authoritative, unless such information has been expressly designated as binding. Any warranty of characteristics of our services requires prior written agreement.

3. Contracts and any other agreements only become binding upon our written confirmation. With regard to validity as written confirmation, electronic correspondence is equivalent to correspondence by letter.

4. Orders whose wording deviates in any point from the offers submitted by us require our express written confirmation in order to become binding.

5. Clerical errors or calculation mistakes entitle us to withdraw from the contract if the customer refuses an adjustment. Claims for compensation by the customer are excluded in this case.

C) Delivery time / delays in delivery

1. Delivery periods and delivery dates are always approximate only, unless they have been expressly promised in writing as fixed dates.

2. Delivery periods commence at the earliest on the date of our order confirmation, but not before the order is fully clarified — in particular not before all necessary documents to be provided by the customer have been submitted and any agreed advance payments have been made. The same applies to delivery dates.

Delivery periods and delivery dates are understood ex works. If, through no fault of ours, the goods cannot be collected or dispatched on time, delivery periods and delivery dates shall be deemed complied with upon notification of readiness for dispatch.

If a fixed date has been agreed, collection must take place at that time; otherwise within 5 working days of receipt of our notification of readiness for collection. If the customer fails to comply with this obligation, the customer shall be in default of acceptance without any reminder being required.

3. Unless otherwise agreed in the individual contract, we shall be allowed a period of at least 8 weeks for the first-time performance of our deliveries and services.

Even after the delivery period has been exceeded, the customer remains obliged to accept and pay for the processed goods.

4. If delivery is delayed by circumstances outside our sphere of influence (this includes in particular one of our suppliers being in default with its delivery to us), the customer must nevertheless make the agreed payment at the time at which it would have been due had delivery been made on schedule, and must reimburse us for all costs incurred by us in connection with the delay. Claims for compensation by the customer (of whatever kind) against us are excluded in any case.

5. We shall not be in default of delivery if the customer is in default of its payment obligations. In this case we are released from any obligation to perform until the payment obligations have been fulfilled.

6. Delays in delivery and cost increases arising from incorrect, incomplete or subsequently amended information, technical specifications and information or documents provided are not our responsibility and cannot cause us to be in default. Any additional costs resulting therefrom shall be borne exclusively by the customer. Schedule changes for which the customer is responsible require a new schedule to be drawn up by us.

7. In the event of schedule changes for which the customer is responsible, we additionally have the option of requesting the customer in writing, setting a grace period of 8 days, to fulfil its duty to cooperate to the agreed extent, failing which we may withdraw from the contract without setting any further grace periods and are entitled to invoice the customer for the services rendered to date on a time-and-materials basis, in each case plus lost profit. The customer may not assert any counterclaims during this period.

In the event that we declare withdrawal from the contract pursuant to this provision and invoice our production costs incurred up to that point or the expenditure for the services rendered to date, including lost profit, the (partially) completed or in-progress parts of the goods shall belong to the customer. The provisions set out in section K) of these Terms remain unaffected.

8. The customer cannot assert any claims whatsoever against us arising from a delay in delivery, even if we were at fault for the delay.

9. We are entitled to make partial deliveries, which the customer must accept.

10. In the event that the execution of the order or the delivery is delayed, hindered, rendered unreasonable or impossible by force majeure, we may postpone the delivery date or withdraw from the contract in whole or in part. In such cases, the customer has no claims for compensation against us. In the event of partial or complete withdrawal from the contract by us, we are entitled to proportionate remuneration corresponding to the services rendered to date. Alternatively, we may invoice the services rendered to date on a time-and-materials basis. Parts of the goods already (partially) completed or in progress shall in this case belong to the customer.

Force majeure means all unforeseeable events, or events which, even if foreseeable, are beyond our control or the control of the customer and whose effect on the performance of the contract cannot be prevented by reasonable efforts.

Equivalent to force majeure are in particular strikes, lockouts, lack of means of transport, official interventions, embargoes, sanctions of any kind (above all economic and political), energy supply difficulties, epidemics, pandemics or other circumstances (of whatever kind) that substantially impede or render impossible our delivery or performance, regardless of whether they occur at our premises or at one of our sub-suppliers.

D) Delivery and passing of risk

1. Deliveries are made ex works (EXW in accordance with Incoterms 2020) for the account and at the risk of the customer, unless expressly agreed otherwise in writing.

2. The risk of damage, destruction or unusability of the purchased or delivered items passes to the customer as follows:

a) where "ex works" is agreed, as soon as the goods have been made available for collection at our works in Preding;
b) where "free carrier" is agreed, as soon as the goods have been handed over for loading to the person carrying out the transport;
c) where "carriage paid" is agreed, as soon as the goods have been handed over for loading to the person carrying out the transport.

3. In the event of loss or damage during transport, it is the recipient's responsibility to file a complaint with the carrier or forwarding agent.

4. The customer is obliged to accept without delay the goods dispatched in accordance with the contract or made available for collection. If dispatch is delayed at the customer's request or for reasons within the customer's sphere, the risk passes to the customer upon notification of readiness for dispatch.

5. In the event of default of acceptance, or in the event of impossibility of delivery caused by force majeure, we are entitled to store the goods ourselves or to have them stored with a forwarding agent at the customer's cost and risk.

6. The following additionally applies to the export of goods and merchandise and to the provision of technical services:

If the export of goods and merchandise ordered from us, or the provision of technical services by us, requires an official authorisation (of whatever kind), the customer undertakes to ensure the timely issue of all authorisations to the extent required in each case for the export of the goods and merchandise or the provision of the technical services. Until proof of all necessary authorisations has been provided, we are entitled, but not obliged, to refuse (further) performance of the order. All damage, expenses and burdens (of whatever kind) incurred by us as a result of the non-issue, absence or late proof of all necessary authorisations shall be borne by the customer and reimbursed to us.

7. The following additionally applies to the provision of services:

The customer shall cooperate to the best of its ability in the provision of the service by us and shall do and arrange everything necessary to enable us to provide our service in accordance with the contract. Delays in or failure to perform the service, as well as all associated consequences, expenses and burdens resulting from omitted or insufficient cooperation and support on the part of the customer, shall be borne exclusively by the customer.

E) Prices

1. The prices stated in our offers apply subject to the proviso that the order data on which the offer was based remain unchanged.

The prices set out in our order confirmations apply. Value added tax at the statutory rate applicable from time to time is added to the prices including all ancillary costs.

The prices quoted by us apply ex warehouse or ex works. They do not include freight, postage, insurance, customs duties or other packaging, transport and shipping costs. Transport insurance is only taken out at the express request of the customer. With regard to ancillary costs, we have the choice of charging either the costs reasonable in the individual case or a flat rate for ancillary costs.

2. The customer must dispose of the packaging supplied by us at its own expense. An obligation to take back packaging material exists only if expressly agreed in writing.

3. Increases in the freight and customs rates applicable at the time of conclusion of the transaction, and the introduction of new charges, entitle us to a proportionate increase in the agreed sales price, without the customer being entitled to declare withdrawal on this account. We are also entitled to price increases due to increases in freight and customs rates or the introduction of new charges if there is a delay in delivery and the relevant increase in freight, customs rates or charges occurs after the originally agreed delivery date.

4. Price offers and cost estimates on our part are in principle non-binding, unless their binding nature has been expressly confirmed in writing.

5. If delivery takes place more than 1 month after conclusion of the contract, the prices applicable on the day of dispatch will be invoiced.

6. Overruns of our offer (cost estimate) caused by changes to the offer on the part of the customer shall be deemed approved by the customer even without notification by us. The customer waives its right of withdrawal in such cases.

7. Should the (purchase) prices to be paid by us or the costs to be borne by us change — in particular due to collective-agreement provisions, in-company settlements or other circumstances relevant to the calculation, or resources necessary for the performance of the service such as material, energy, transport, third-party work or financing — we are entitled at any time to increase the prices accordingly. We are in any case entitled to pass on to our customer any increases in costs, prices, wages etc. passed on to us by our suppliers and producers.

F) Retroactive charging of discounts

Discounts on our list prices and cash discounts are granted only on condition of complete, timely payment of the agreed remuneration. If the agreed remuneration is not paid in full — in particular due to the opening of insolvency proceedings over the customer's assets — we are entitled to assert our list prices.

G) Terms of payment

1. The remuneration is due for payment immediately upon receipt of the invoice without deduction, but in any case at the latest within 30 days after the passing of risk. A payment is only deemed to have been made when we can dispose of the amount without restriction.

2. If the customer refuses to collect the goods despite notification of readiness for dispatch, or refuses acceptance, full payment of the invoice amount must nevertheless be made no later than 30 days after notification of readiness for dispatch or delivery.

3. A right of retention on the part of the customer, in particular based on the defence of non-performance of the contract due to alleged defects, is expressly excluded. Likewise, the customer is not entitled to set off any claims whatsoever, with the exception of claims acknowledged by us or already confirmed by court judgment.

H) Default of payment

1. In the event of default of payment, we are entitled, pursuant to Sec. 456 of the Austrian Commercial Code (UGB), to charge annual interest at a rate of 9.2 percentage points above the base interest rate of the Austrian National Bank applicable on the preceding 30 June or 31 December.

The assertion of further damages caused by default is not excluded hereby. The customer is liable to us for such further damages, in particular also for interest losses resulting from failure to fulfil the payment obligation on time.

2. If we ourselves pursue outstanding claims, the customer undertakes to pay an amount of EUR 40.00 per reminder issued, irrespective of the actual expenditure. Sec. 1333 para. 2 of the Austrian Civil Code (ABGB) applies to the reimbursement of collection costs exceeding this flat amount.

3. Furthermore, all claims become due immediately if the terms of payment are not complied with or if circumstances become known which, in our opinion, are likely to reduce creditworthiness. In this case we are entitled to perform outstanding services only against advance payment, or to withdraw from the contract after the fruitless expiry of a reasonable period set by way of reminder.

4. In the event of default of payment, we are entitled to declare withdrawal not only with respect to the contract in question but also with respect to other transactions not yet completed or with respect to successive deliveries.

Furthermore, we have the right to withhold goods not yet delivered and, in the event of non-receipt of the proportionate payments, to cease further work on orders still in progress. We are also entitled to demand the return of goods already delivered but not paid for, and to retrieve them at the customer's expense. The customer must grant us any access required to exercise the right of retrieval.

5. If the economic situation of the customer deteriorates significantly, if insolvency proceedings are opened over the customer's assets or the opening of such proceedings is imminent, if insolvency proceedings are not opened for lack of assets covering the costs, or if we receive information likely to give rise to doubts about the customer's ability or willingness to pay, we are entitled at any time to declare all claims against the customer immediately due. If a means of payment other than cash payment has been agreed, we are further entitled to demand cash payment.

Our right to terminate the contract pursuant to section P) of these Terms remains unaffected by this provision.

I) Provision of security

Even if the provision of security was not agreed upon conclusion of the contract, we are entitled to demand security for the fulfilment of the payment obligation before dispatch and, in the event of refusal, to withdraw from the contract.

J) Technical specifications and documents

1. Protective provisions for our technical specifications and documents

a) Our illustrations, drawings, blueprints, dimension and weight specifications as well as colour specifications and samples on our website, in catalogues, advertising materials, offers etc. are only approximately authoritative and remain subject to change.

b) All documents provided contain know-how, ideas and development work of ours and of our sub-suppliers. The intellectual property and all intellectual property rights in these documents remain with us. The customer receives only a right of use in these to the extent absolutely necessary for the operation and maintenance of the goods that are the subject of the contract. This right of use expires when the goods that are the subject of the contract are taken out of service.

c) No documents or information may be copied, evaluated, reproduced or made accessible to third parties in any way, in whole or in part, without our permission. Individual details thereof are also subject to the statutory protective provisions.

2. Manufacture according to customer specifications; exclusion of liability and warranty

a) Where we undertake the manufacture of a product (even only in part) according to the requirements and specifications of the customer, the customer is solely responsible for the correctness, completeness, suitability etc. of all specifications, drawings, samples, data, materials, calculations, instructions and other requirements provided by it, as well as for technical feasibility, suitability for the intended purpose and compliance with all official, statutory or other applicable regulations and requirements.

b) We owe exclusively the manufacture of the product in accordance with the specifications and requirements approved by the customer and are in particular not obliged to examine the specifications, documents and requirements provided by the customer for their correctness, completeness, freedom from contradictions, technical suitability or feasibility, expediency, suitability for the customer's intended purpose, or conformity with the customer's ideas or requirements. The customer expressly releases us from any duty of examination in this respect.

If the product manufactured by us conforms to the specifications and instructions provided by the customer, there is no defect in the service rendered by us or the product manufactured by us, even if the product does not correspond to the customer's ideas, expectations or intended purpose, or is unusable or unmarketable due to incorrect, incomplete or unsuitable requirements.

c) We assume no warranty that the product manufactured according to the customer's specifications and requirements corresponds to the subjective ideas, expectations or intended purpose of the customer, unless these have been expressly agreed in writing as contractually owed characteristics. Any liability and warranty on our part for disadvantages, defects, damage, delays or other consequences based on incorrect, incomplete, contradictory, unsuitable or technically unfeasible specifications or requirements of the customer is entirely excluded.

d) The customer shall indemnify and hold us harmless against all third-party claims and all damage and expenses arising or potentially arising from the fact that the specifications, requirements, materials or other information provided by the customer were incorrect, incomplete, unsuitable, technically unfeasible, unsuitable for the intended purpose or defective or unfit in any other way, or that third-party rights were infringed.

e) Further-reaching limitations of warranty and liability in these Terms, in particular those set out in sections L) and M), remain unaffected.

K) Retention of title

1. All goods delivered by us remain our property until complete fulfilment of all financial obligations owed to us, including interest and costs.

2. Title also remains with us if the delivery is firmly connected with, mixed with or installed in the property of the customer.

The customer must, at its own expense, make all arrangements to identify our ownership of the delivery vis-à-vis everyone in accordance with the applicable statutory publicity requirements and, in the event of attempted recourse by third parties, to expressly point out our right of ownership.

3. If parts or goods delivered by us have become a dependent component of the customer's property through connection with the customer's property, the customer is obliged — in the event that it does not settle all of its liabilities to us on time — to tolerate the removal of all parts or goods at its own risk and expense, and to bear all costs incurred due to or in connection with the measures relating to the removal, up to arrival at the respective works premises to be designated by us. The customer acknowledges our ownership of such removed items.

4. As long as the retention of title exists, any sale, pledging, transfer by way of security, letting or other transfer of the goods delivered by us is inadmissible without our written consent.

5. Products manufactured from our goods delivered under retention of title may only be resold by the customer subject to reservation of our ownership of the goods and of the proceeds. If the new product is sold, corresponding co-ownership of the sale proceeds arises, which the customer must receive from the third party as our trustee.

6. In the event of seizure by third parties of parts and goods delivered by us and still subject to retention of title, the customer is obliged to inform us immediately of the name of the enforcing party, the amount of the claim, the court involved, the file number and, where applicable, the date of the auction. In addition, the customer is obliged to notify us of any extraordinary reduction in the value of the goods delivered under retention of title.

7. If law other than Austrian law is agreed with the customer, or if law other than Austrian law applies for other reasons, and if the retention of title is not effective under its provisions, the securities possible under the other law shall be deemed agreed. If the customer's cooperation is required in this respect, the customer is obliged to take all measures necessary to establish and maintain such rights.

L) Warranty

Warranty for any defects in the goods delivered or services rendered by us is provided in accordance with the following provisions:

1. The warranty period begins with the dispatch or collection of the goods. If the customer is in default of acceptance, the warranty period begins with the notification of readiness for dispatch.

2. The warranty period ends after 6 months.

3. A warranty obligation exists in principle only for defects that are asserted in writing without delay, but at the latest within a period of 3 working days from the time they become recognisable to the customer, stating the possible causes at the same time. If the customer fails to give timely notice of defects, it can no longer assert the claims specified in Sec. 377 para. 2 UGB. In order to be able to claim under our warranty obligation, the customer must provide proof that an alleged defect is one for which we are responsible and that it already existed at the time of handover. The applicability of the statutory presumption of Sec. 924 ABGB is expressly excluded. Further-reaching limitations of liability in these Terms remain unaffected.

4. Our warranty obligation applies only to defects that occur under compliance with the intended operating conditions, observance of the care instructions and the specified maintenance and service intervals, and under normal use. It does not apply in particular to defects based on causes for which the customer or third parties are responsible.

5. Warranty is likewise excluded if the delivered goods are handled or used improperly and, in particular, if relevant instructions and regulations issued by us are not observed.

If the quantity/number of units of our delivery deviates by no more than 10 % from what was ordered, this does not constitute a defect. Our incoming and outgoing inspection is exclusively decisive for assessing the deviation.

6. To the extent that improvement or replacement is impossible or would involve disproportionately high expense for us, or if we cannot comply with the request for replacement or improvement, or cannot do so within a reasonable period, we have the right, at our option, either to rescind the contract in its entirety or to grant the customer a reasonable price reduction.

7. The warranty obligation lapses if the customer makes changes of any kind whatsoever to the delivered item on its own authority and without our prior written consent.

8. The warranty relates exclusively to goods delivered by us. For goods we have obtained from sub-suppliers, we are liable only to the extent that we ourselves have warranty claims against the sub-suppliers.

9. If we are under an obligation to remedy defects, we may replace the defective goods or their defective part, remedy the defect on site during normal working hours, or have the defective goods or their defective part sent to us for improvement. We must be granted the necessary time for examining the defects and for the repair or the delivery of spare parts.

The customer is further obliged to grant us, if necessary, at least two attempts to remedy the defects.

The costs and the risk of transporting the defective goods or parts to us are borne by the customer; we bear them for the return transport. When defects are remedied on site, the customer bears all costs and expenses incurred in connection therewith — in particular officially prescribed and sovereign fees, other expenses as well as our travel and any accommodation costs — and is further obliged, at its own risk and expense, to take all necessary organisational measures and precautions to enable us to carry out the defect-remedying work without friction.

10. The warranty period is not extended after a defect has been remedied or a replacement has been made.

11. We are only liable for the remedying of defects by the customer itself or by third parties if we have given our written consent thereto.

12. In any case, we are released from any warranty obligation for as long as the customer has not settled our outstanding claims in full.

13. Warranty claims do not entitle the customer to withhold agreed payments.

14. From the beginning of the warranty period, we assume no liabilities beyond those specified above, including for defects whose cause lies before the passing of risk.

15. If a genuine guarantee commitment is made, the above provisions apply mutatis mutandis. Guarantee repairs are only recognised after prior consultation with our guarantee department and subsequent written confirmation.

M) Liability

1. We are liable to the customer — with the exception of personal injury — only in the case of blatant gross negligence or intent, whereby claims for damages are in any case limited to pure remedying of the damage and to the amount of the order value. We are in no case liable for other damage of any kind whatsoever, such as damage to goods that are not the subject of the contract, loss of profit, consequential damage caused by defects, or damage caused by interruption of production and hindrance of operations. The reversal of the burden of proof pursuant to Sec. 1298 ABGB is excluded. The customer must furnish proof that we are guilty of blatant gross negligence or intent.

Our liability for vicarious agents and persons entrusted with performance is limited to their careful selection. Should we — for whatever reason — be subject to liability going beyond this in an individual case, the limitations of liability set out in the preceding paragraph apply to the same extent to our vicarious agents and persons entrusted with performance.

2. All claims for compensation become statute-barred at the latest one year after delivery or performance of the service.

3. We are in no case liable for damage to workpieces provided to us.

4. Any obligation to pay compensation for claims for property damage resulting from the Austrian Product Liability Act, as well as product liability claims that may be derived from other provisions, are excluded.

5. In cases in which cover exists under our business liability insurance, any obligation to pay compensation is limited to the available sum insured under our business liability insurance. The aforementioned limitations of liability remain unaffected by this.

N) Change of circumstances

If the circumstances under which a contract was concluded have changed so significantly that it can rightly be assumed that the contract would not have been concluded at all under the changed circumstances, or only on different terms, and if the change of circumstances was not foreseeable at the time of conclusion even with the care of a prudent businessperson, we are entitled, depending on the nature of the case, to withdraw from the contract or to demand an amendment of the contractual provisions taking account of the changed circumstances.

O) Withdrawal by the customer / cancellation fee

1. If the customer declares its withdrawal from the contract — for whatever reason — we are free to accept this withdrawal against payment of a cancellation fee (Reugeld) or to refuse the withdrawal.

2. If the withdrawal is accepted, the cancellation fee amounts to:

a) for marketable goods: 10 % of the sales price;
b) for non-marketable goods or other services as well as custom-made products: 10 % of the sales price or agreed remuneration plus the production costs incurred up to acceptance of the withdrawal, whereby the (partially) completed or in-progress parts of the goods belong to the customer.

P) Early termination of contract

1. All contracts with the customer may be terminated early by us at any time without notice for good cause.

2. Good cause for early termination exists in particular if

a) an application for the opening of insolvency proceedings over the customer's assets is rejected for lack of assets covering the costs, or we receive information likely to give rise to doubts about the customer's ability or willingness to pay (Sec. 25b of the Austrian Insolvency Code (IO) remains unaffected by this provision);
b) the customer has not settled outstanding due claims despite a reminder;
c) the customer fails to comply with its obligation to provide the documents necessary for the fulfilment of the order or with other duties to cooperate, despite being requested to do so.

Q) Place of performance and jurisdiction

1. Unless otherwise agreed, the place of performance for delivery and payment is the registered office of DRIVS Systems GmbH in 8504 Preding.

2. The place of jurisdiction for legal disputes concerning the existence or non-existence of a contractual relationship subject to these Terms, or for disputes arising from such contractual relationships, is — for actions brought by the customer — exclusively the court with subject-matter jurisdiction for 8504 Preding, and — for actions brought by us — at our option the court with subject-matter jurisdiction for 8504 Preding or the customer's general place of jurisdiction.

3. Unless otherwise agreed, Austrian law applies, excluding its conflict-of-law rules. This also applies to the question of the formation of the contract. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

R) General provisions

1. All deviations from these Terms require written form to be valid. This also applies to any waiver of the written-form requirement. Verbal side agreements are legally invalid.

2. Should individual provisions of these Terms be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes closest to the economically intended purpose of the wholly or partially invalid or unenforceable provision within the framework of the entire contract.

3. In the event of a gap arising subsequently, that provision shall be deemed agreed which corresponds to what would have been agreed according to the spirit and purpose of these Terms had the solution to the matters not contractually regulated been considered from the outset.

4. If contractual agreements are made between us and the customer outside these Terms and these conflict with the provisions of these Terms, it is agreed that the provisions in the contractual agreements outside these Terms shall only take precedence if it has been expressly agreed in writing that the corresponding provisions of these Terms are subordinate.

5. The contracting parties undertake to treat all commercial and technical details that become known to them through this business relationship as business secrets, unless they are already generally known.

6. The customer agrees that we store the data obtained from the business relationship within the meaning of the Data Protection Act and use it for our own business purposes.