GENERAL TERMS AND CONDITIONS
Status 07/2024
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General - Oral Additional agreements - Offers
Our deliveries and services (hereinafter "Service(s)") shall be governed exclusively by our following General Terms andConditions (hereinafter "Terms and Conditions"). We do not recognize your conflicting, deviating or such conditions thatare not specified in these terms and conditions, unless we have expressly agreed to their validity in writing. This shall also
apply if we carry out the deliveries and services without reservation in the knowledge of conflicting or deviating terms andconditions or terms and conditions not specified in our terms and conditions, or if you refer to the validity of your terms andconditions in your inquiry, in your order or otherwise in connection with the execution of the contract.
Our terms and conditions apply only to an entrepreneur within the meaning of § 14 German Civil Code (hereinafter referred
to as „BGB“).
our sales employees are not authorized to make verbal side agreements.
Unless expressly agreed otherwise, our delivery, service and price offers are subject to change. The order shall only
become binding for us if it is confirmed by us in writing or conclusively accepted by delivery or service or by issuing an
invoice.
was.
All contracts with you are concluded under the condition precedent that the export licenses which may be required are
granted or that there are no other obstacles due to export or shipment regulations to be observed by us as exporter/shipper
or by one of our suppliers.
Unless expressly agreed otherwise, illustrations, drawings, calculations and other product-, application- or project-related
documents containing valuable know-how or valuable information shall remain our property and shall be subject to our
copyright, even if we give them to you; they may not be reproduced without our prior writtenconsent may not be reproduced or made available to third parties.
Delivery – Date of Delivery – Extension of the Delivery Period – Part Performance
Unless expressly agreed otherwise, the agreed time specifications for the deliveries and services are in principle not fixed
dates (§ 323 Para. 2 No. 2 BGB, § 376 German Commercial Code (hereinafter referred to as „HGB“).
The delivery and performance period shall not commence until all details have been clarified and both contracting parties
have agreed on all conditions of the contract. Prerequisites for compliance with the delivery and performance deadlinesare:−All documents to be provided by you will be received by us in due time;−
All permits and approvals to be obtained by you were obtained in a timely manner;−Your contractual obligations, in particular your payment obligations, will be fulfilled in full and on time.
Unless expressly agreed otherwise, the delivery period shall be deemed to have been met if the goods have left our
respective factory within the agreed delivery period.
The delivery and performance period shall be extended appropriately if−
the failure to meet the delivery and performance deadline is due to an event of force majeure, i.e. an unforeseen event
over which we have no influence and for which we are not responsible. This shall also apply if such an event of force
majeure occurs during a delay in delivery or at one of our upstream suppliers. Events of force majeure shall include, inparticular, official measures and orders (whether valid or invalid), wars, revolutions, embargoes, pandemics,
epidemics, fires, earthquakes, floods, storms, explosions and other natural disasters;.
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necessary approvals or documents of third parties to be obtained by you are not available in time;−
the required information is not provided by you in a timely manner.
Insofar as this is reasonable for you, we are entitled to partial deliveries and services, which we can invoice separately ineach case.
If delivery is delayed at your request or due to circumstances for which you are responsible, we shall be entitled, after
notification of readiness for shipment, to charge you for the costs incurred for storage, but at least 0.5% of the invoice
amount for each commenced week of delay.
week, but not more than a total of 10% of the invoice amount. The proof thathigher, lower or no storage costs at all have been incurred, both parties shall remain
permitted. The statutory rights to withdraw from the contract and to claim damages shall remain unaffected.
Force Majeure - Cancellation - Failure of SupplierShould it not be possible for us to provide the delivery and service within a reasonable period of time due to an event offorce majeure (cf. Section II.4), both parties shall have the right to withdraw from the contract in whole or in part. Claims fordamages due to such a withdrawal do not exist. If one party intends to withdraw from the contract for the aforementioned
reasons, it shall immediately notify the other party thereof.
The legal consequences pursuant to Section III.1 above shall also apply in the event of subsequent impossibility of
performance of the contract for which we are not responsible.
We shall be released from our delivery obligation if (a) through no fault of our own we are not supplied in due time with thecorrect goods/supplied parts ordered to fulfill the contract and (b) we have concluded a congruent covering transaction
with the supplier/supplier. In such a case, we are also obligated to inform you immediately and to immediately reimburse
any consideration already received from you.

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IV.
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Retention of Title
Until full payment of all your present and future liabilities arising from the current business relationship with us, we remain
the owner of the goods. This shall also apply if the price for certain goods designated by you has been paid. If the retentionof title is subject to special conditions or formal requirements in your country, you are obliged to point this out to us and toensure fulfillment at your expense.
In the event of any breach of contract by you, in particular in the event of non-payment of the purchase price due, we shallbe entitled to withdraw from the contract in accordance with the statutory provisions and to demand surrender of the goodson the basis of the reservation of title. The demand for surrender shall at the same time include the declaration ofwithdrawal. If you do not pay the purchase price due, we may only assert these rights if we have previously set you areasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory
provisions.
Any combination, mixing or processing of the goods shall always be carried out on our behalf as manufacturer, but without
any obligation on our part. If the (co-)ownership expires due to combination, mixing or processing, it is already agreed now
that the (co-)ownership of the new item shall pass to us proportionally according to the invoice amounts of the combined,
mixed or processed products. You shall hold the (co-) ownership in safe custody for us free of charge.
Resellers are permitted to resell in the ordinary course of business until revoked. We may revoke this right if you cease
payments, if you are in default of payment or if there are actual indications of a deterioration in assets after conclusion of
the contract or other facts after conclusion of the contract which justify the assumption that our claim to counterperformance is jeopardized by a lack of ability to perform. For goods to which we are entitled to (co-) ownership, you
hereby assign to us by way of security your claims resulting from the resale or any other legal ground to the amount of theinvoice value of the goods. At our request, you shall be obliged to provide written declarations of assignment. You are
revocably authorized to collect the assigned claims in your own name in the ordinary course of business. The direct debit
authorization may be revoked under the same conditions as the right to resell in the ordinary course of business.
Pledges or transfers of ownership by way of security are not permitted. In the event of an application for the opening ofinsolvency proceedings, attachment, seizure or other dispositions or interventions by third parties, you must notify us
immediately.
If you so wish, we shall release the securities at our discretion if their value exceeds our claims by more than 10%.
Passing of Risk – Incoterms – Transport Insurance
Unless expressly agreed otherwise, delivery shall be made "ex works" (Incoterms as amended from time to time, currently
Incoterms 2020) at the place specified in our offer or acceptance, or, if no place of destination is specified in our/ouroffer/acceptance, "ex works" Neuhausen, Germany.
unless expressly agreed otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to you
when the goods are handed over to the transport person, but at the latest when the goods leave the delivery warehouse.
This also applies if we have taken over the delivery. If the shipment is delayed due to your fault, the risk shall pass to you
from the time when the goods have been notified to you as ready for shipment.
if internationally customary shipping and risk transfer clauses are used in the contract, these shall be interpreted inaccordance with the international rules for the interpretation of customary contract formulas (Incoterms in the respective
valid version, currently Incoterms 2020).
The conclusion of a transport insurance by us takes place only on agreement and at your expense.
Claims for Defects - Obligations to Give Notice of Defects
The statutory provisions shall apply to the Buyer's rights in the event of material defects and defects of title (including wrong
delivery and short delivery as well as improper assembly/installation or defective instructions), unless otherwise stipulated
below. In all cases, the special statutory provisions on reimbursement of expenses in the event of final delivery of the newly
manufactured goods to a consumer (supplier's recourse pursuant to §§ 478, 445a, 445b or §§ 445c, 327 para. 5, 327u
German Civil Code(BGB)) shall remain unaffected, unless an equivalent compensation has been agreed.
The basis of our liability for defects is above all the agreement reached on the quality and the presumed use of the goods(including accessories and instructions). Insofar as the parties have agreed on a quality and the presumed use of thegoods, objective requirements for the object of purchase shall not apply in this respect.
The data sheet belonging to the respective product and/or the operating instructions belonging to the respective product,
which are the subject of the individual contract, shall in particular be deemed to be the quality agreement in the sense.
Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory regulation whether a defectexists or not (Section 434 (3) of the German Civil Code (BGB)). Public statements made by the manufacturer or third parties
on his behalf, in particular in advertising or on the label of the goods, shall take precedence over statements made by otherthird parties.
In the case of goods with digital elements or other digital content, we owe provision and, if applicable, updating of thedigital content only insofar as this results expressly from a quality agreement in accordance with the above Section VI.2. In
this respect, we assume no liability for public statements made by the manufacturer and other third parties.
We agree that in the event of a claim for subsequent performance (rectification of defects or subsequent delivery), the lessexpensive option shall be chosen, provided that this does not result in any disadvantages for you.
You shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the
goods complained about for inspection purposes. In the event of a replacement delivery, you shall return the defective item
to us at our request in accordance with the statutory provisions; however, you shall not have a claim for return. Subsequent
performance shall not include the removal, dismantling or disassembly of the defective item or the installation, fitting or
assembly of a defect-free item if we were not originally obliged to perform these services; any claims by you forreimbursement of corresponding costs ("removal and assembly costs") shall remain unaffected.

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We shall bear - insofar as the complaint proves to be justified - the expenses necessary for the purpose of subsequent
performance, insofar as this does not result in a disproportionate burden for us, in accordance with the statutory provisions
and these terms and conditions, if a defect is actually present.
9. insofar as the expenses required for the purpose of subsequent performance increase due to the fact that you have taken
the goods to a place other than the place of performance after delivery, any additional costs incurred as a result shall beborne by you.
10. If it turns out in the course of subsequent performance that there is no defect, we may demand reimbursement from you of
the costs incurred as a result of the unjustified request to remedy the defect if you knew or were negligent in not knowingthat there was actually no defect.
11. Complaints due to incomplete or incorrect delivery must be notified to us in writing without delay, at the latest within one
week after delivery (obvious defects) or discovery of the defect. Otherwise, the assertion of claims for defects shall be
excluded. In the case of goods intended for installation or other further processing, an inspection must in any case be
carried out immediately before processing.
12. We do not agree to any restriction of your obligations to inspect the goods and to give notice of defects (in particular thosearising from § 377 HGB and those arising from
Art. 38, 39 CISG) we do not agree.
13a. Claims for defects shall become time-barred within 12 months after the transfer of risk. This shall also apply to thelimitation of claims under a right of recourse in the supply chain pursuant to Section 445b (1) BGB. The suspension of thestatute of limitations pursuant to Section 445b (2) of the German Civil Code (BGB) shall remain unaffected; it shall end nolater than five years after the date on which we delivered the goods to you. These provisions on the limitation of recourse
claims and on the suspension of expiry shall not apply if the last contract in this supply chain is a consumer goods
purchase.
13b. The foregoing provisions pursuant to Clause 13 lit.a shall not apply to the extent that the law pursuant to Sections 438 para.
1 No. 2, 438 para. 3, 479 para. 1 and Section 634a of the German Civil Code (BGB) prescribes longer limitation periods andto the liability for damages resulting from injury to life, body or health as well as to the liability for damages based on a wilfulor grossly negligent breach of duty.
14) If a certain number of operations or switching cycles has been agreed for a product, this agreement shall apply at most until
the limitation periods set forth in VI.13 above have expired. If the agreed number of operations or switching cycles for a
product is reached before the expiry of the limitation periods set out in Section VI.13 above, all claims for performance anddefects against us arising from such an agreement shall end. Furthermore, the agreement of a certain number ofoperations or switching cycles shall only be effective if the product is used under the environmental conditions described in
the associated data sheet or the associated operating instructions.
15. Claims for defects are excluded, among other things, in the case of:−
failure to examine the defect and give notice of the defect in due time and in the proper manner in accordance with
Sections VI.11 and VI.12;−
subsequent unauthorized modification of the goods, unless it can be proven that the defect did not result from thesemodifications;−defects caused by natural wear and tear, improper use or improper storage of the goods.
16. you can claim damages from us only in accordance with the provisions of Section VIII.
VII. Industrial Property Rights and Copyrights - Defects in Title
1. Unless expressly agreed otherwise, we shall be obliged to provide the deliveries and services free of industrial property
rights of third parties (hereinafter "property rights") only in the country of the place of manufacture and the place of delivery.
"Proprietary Rights" in this sense are patents, utility models and designs, trademarks, including their respective
applications, and copyrights. If a third party asserts justified claims against you due to the infringement of Proprietary
Rights by deliveries and services provided by us and used in accordance with the contract, we shall be liable to you within
the period stipulated in Section VI.8 as follows:
2. At our discretion and at our expense, we shall either obtain a right of use for the deliveries and services concerned, modify
them so that the property right is not infringed, or replace them. If this is not possible for us under reasonable conditions,
you shall be entitled to the statutory rights of rescission or reduction. Our obligation to pay damages shall be governed byClause VIII.
3. The above obligations shall only exist if and to the extent that you have immediately notified us in writing of the claims
asserted by the third party, have not acknowledged an infringement and all defensive measures and settlement
negotiations are reserved for us.
4. Your claims are excluded insofar as you are exclusively responsible for the infringement of property rights.
5. Your claims shall also be excluded if the infringement of the property right is caused by your special specifications, by anapplication whichor by an application not foreseeable by us or by the fact that the delivery and service is subsequently changed by you
without authorization.
6. Any further claims or claims other than those regulated in this Section VII against us or our vicarious agents due to a defectin title are excluded.
7. Insofar as a result capable of being protected by industrial property rights results in connection with the contractual
obligations, we shall be exclusively entitled to all industrial property rights to this result, unless you were significantly
involved in the creation of the result. In such a case or in all other cases in which a result capable of being protected byindustrial property rights was jointly created, we agree that we shall be entitled to at least a gratuitous, non-exclusive rightof use unlimited in terms of space, time and content.

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VIII. Liability
1. We shall be liable for damages and for reimbursement of futile expenses within the meaning of Section 284 of the German
Civil Code (hereinafter "Damages") due to defects in the deliveries and services or due to breach of other contractual or
non-contractual obligations, in particular from tort, only in the event of intent or gross negligence. The above limitation of
liability shall not apply in the event of injury to life, limb or health, in the event of the assumption of a guarantee or a
procurement risk, the breach of material contractual obligations and in the event of liability under the Product Liability Act.
2. Damages for breach of material contractual obligations shall be limited to compensation for damage typical of the contract
which we should have foreseen as a possible consequence at the time of conclusion of the contract on the basis of
circumstances recognizable to us, except in cases of intent or gross negligence or where liability exists due to injury to life,
limb or health, the assumption of a guarantee or a procurement risk or under the Product Liability Act.
3. The contract-typical, foreseeable damages within the meaning of Section VIII.2 are:−per claim: damages not exceeding the net purchase price of the contract concerned.
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per calendar year: Damages maximum in the amount of the net sales for which you purchased products from us in theprevious calendar year. In the first contract year, damages up to a maximum of the net sales at which you purchased
products from us until the occurrence of the claim.
4. In any case, contract-typical, foreseeable damages within the meaning of Clause VIII.2 shall not include indirect damages(e.g. loss of profit or damages resulting from interruptions in production).
5. Irrespective of Clause VIII.3 and Clause VIII.4, the economic circumstances of us, the type, scope and duration of thebusiness relationship, any causation and/or fault contributions by you in accordance with § 254 BGB and a particularly
unfavorable installation situation of the product shall be reasonably taken into account in our favor when determining anamount which we shall have to pay to you as damages. In particular, the compensation, costs and expenses to be borne by
us must be in reasonable proportion to the value of the product.
6. All limitations of liability shall also apply to breaches of duty by persons for whose fault we are responsible in accordancewith statutory provisions.
7. Change of the burden of proof to your disadvantage is not connected with the above regulations.
8. Material contractual obligations within the meaning of VIII.1 and VIII.2 are obligations the fulfillment of which is aprerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely.
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PricesOur prices are net prices. They apply "ex works" (Incoterms in the respective valid version, currently Incoterms 2020). Costs
for packaging, transport and insurance will be charged extra, unless expressly agreed otherwise.
For orders up to a net value of € 75.00 we charge a surcharge of € 25.00 net.
Payment Terms – Set-off – Securities – Assignment
Unless expressly agreed otherwise, you shall pay net within 30 days from the date of invoice - but not before receipt of thegoods.
you shall only be entitled to rights of retention and offsetting if your counterclaims have been legally established, areundisputed, have been acknowledged by us or are in a close reciprocal relationship to our claim.
you are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual
relationship.
In the event of actual indications of a deterioration in assets after conclusion of the contract or if other facts exist or become
apparent after conclusion of the contract which justify the assumption that our claim to counter-performance is jeopardized
by a lack of ability to perform, we shall be entitled to demand appropriate securities for our deliveries and services and/or to
revoke any payment terms granted, including for other claims. If you do not provide the appropriate securities demanded by
us within a reasonable period of time, we may withdraw from the contract. Claims already existing from deliveries andservices rendered or due to default shall remain unaffected, as shall our rights under Section 321 of the German Civil Code
(BGB).
The assignment of claims arising from this contractual relationship shall only be permissible with our prior written consent.
There shall be no claim to the granting of such consent. § 354a HGB remains unaffected.
Obligations in case of resale and/or export
In the event of resale of the delivery items, you shall be obliged to comply with the provisions of the German Foreign Tradeand Payments Act (AWG), the German Foreign Trade and Payments Ordinance (AWV), the EC Dual-Use Regulation(Regulation (EC) No. 428/2009) and the US Export Administration Regulations (EAR) - in the respective valid versions - andto oblige your customers accordingly.
You shall not sell, export, or re-export, directly or indirectly, any goods supplied under or in connection with the contract to
the Russian Federation or for use in the Russian Federation, as covered under Article 12g of Council Regulation (EU) No
833/2014.
You shall ensure that the prohibitions in paragraph 2 are not circumvented by any third parties in the commercial chain,including by possible resellers.
You shall establish and maintain effective monitoring mechanisms to detect and prevent any actions by third parties thatwould contravene paragraphs 2 or 3. This includes keeping detailed records and documentation of compliance efforts.
You shall promptly inform us of any difficulties in applying paragraphs 1, 2, 3, or 4 including any relevant third-party
activities that could undermine the objectives of paragraphs 2 or 3.
You shall provide us with the necessary information and documentation to prove your compliance with your obligations
stated in this clause XI within two weeks upon request.
We may audit your business and production premises at any time to verify your compliance with your obligations stated inthis clause. Audits shall be conducted with reasonable notice and within your usual business hours. All confidential
information or business secrets must be adequately protected.

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Any violation of paragraphs 1 to 7 constitutes a material breach of the contract, entitling us to take appropriate remedialaction, including, but not limited to the rescission or termination of the contract without notice.
You shall compensate us for all damages and costs incurred due to culpable non-compliance with the obligations of thisClause XI and indemnify us against any third party claims asserted against us in this connection.

XII. General conditions for returns for credit
1. Subject to certain prerequisites and conditions, we grant customers a one-time right to return products that the customer
has purchased from us (hereinafter "Products") in exchange for a credit note. The prerequisites and conditions for this onetime right to return Products against a credit note (hereinafter "Credit Note Right") are conclusively regulated in this Clause
XII.
2. The customer's right to credit presupposes the following cumulatively:−
The customer has purchased the products directly from us and not via third parties. Consequently, the products musthave been purchased in Germany.
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The customer may provide evidence of the delivery date; the delivery date may not be more than 6 weeks in the past at
the time of receipt of the return by us.
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The net value of goods per return is at least 150.00 €.
−The client has previously announced the return and we have accepted the respective return.
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The products must be in the original packaging. The products must be unused and in a fully saleable condition.
Products that are shrink-wrapped and/or sealed must be unopened.
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The products must be catalog products.
3. The customer's right to credit is excluded in the following case alternatives:−
The product is configurable and/or made-to-order material (KMAT).
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The products are modifications (MOD).
−For customized products.
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For safety products.
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For adhesive labels.
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For products that have a limited shelf life.
4. Without prior notice of the return by the client and without prior acceptance of the return by us, any return will be rejected.
5. The acceptance of the return takes place under reservation and without recognition of a legal obligation. The final
assessment and evaluation of whether the conditions for a credit right of the customer are fulfilled is exclusively incumbent
on us.
6. If the conditions for the customer's right to credit are met, we will refund the customer the sales price less a 30% handlingfee for the inspection and restocking expenses. The customer shall bear the transport and insurance costs for the return
shipment.
7. In the event of returns by the customer without the right to a credit note, we shall be entitled to charge the customer for the
expenses incurred by us as a result of the processing in accordance with the currently valid service price list.
XIII. General Conditions for Returns for Examination, Maintenance and Repair
1. A return of the products by the Customer to us for examination, maintenance and repair (hereinafter referred to as "returndelivery") is only possible if the Customer has previously announced the return delivery and we have accepted therespective return delivery. In the case of return deliveries that have not been announced and/or accepted, we shall beentitled to refuse acceptance.
2. The Customer shall pack the return delivery appropriately and in such a way that the return delivery is protected fromdamage and contamination. If necessary, the Customer shall ensure ESD-suitable packaging of electronic components.
3. As a rule, we shall reimburse transport and insurance costs for return deliveries only for products within the scope of
liability for material defects if the customer has given prior notice of the return delivery and we have accepted the returndelivery, unless we are legally obligated to reimburse such costs.
4. Products older than 8 years - based on the date of manufacture - will not be repaired.
5. We are entitled to refuse acceptance of contaminated return deliveries.
6. In the event of unannounced and/or unaccepted return deliveries, we shall be entitled to charge the customer for the
expenses incurred as a result in accordance with the currently valid service price list.
In the case of return deliveries without error/defect or without an error/defect for which we are responsible, we shall charge
the customer for our technical analysis in accordance with the current service price list. The goods will be returned to thesender, alternatively we offer environmentally friendly disposal.
7. If the repair or overhaul is not carried out within the scope of the liability for defects or if the product has a defect/defect thatis not covered by the liability for defects, the Customer shall receive in text form a fault diagnosis for the repair or atechnical analysis of the product and an offer for the repair, if this is possible.
We will only carry out the repair if the customer has accepted our offer of a repair order in text form. If the client rejects therepair order, we will charge the client for the costs of the technical inspection by us according to the currently valid service
price list and the return delivery will be sent back to the sender.
8. We reserve the right to return the returned goods to the customer or to dispose of them in an environmentally friendly
manner if we have not received a response from the customer to an inquiry from us regarding the specific transaction
within 30 days.

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XIV. General conditions for returns due to transport damage
1. The customer must notify us in writing of any complaints regarding transport damage without delay, at the latest within one
week of delivery.
2. A return of the products by the Customer to us due to transport damage (hereinafter referred to as "transport returndelivery") is only possible if the Customer has previously announced the transport return delivery and we have accepted thetransport return delivery. In the event of non-announced and/or non-accepted transport return deliveries, we shall beentitled to refuse acceptance.
3. The customer shall pack the transport return delivery appropriately and in such a way that the transport return delivery isprotected against damage and soiling. If necessary, the Customer shall ensure ESD-suitable packaging of electronic
components.
4. In the event of non-announced and/or non-accepted transport return deliveries, we shall be entitled to charge the customer
for the expenses incurred as a result in accordance with the currently valid service price list.
XV. Take-back of Return of Electronic Devices – Return of Batteries – Return of Packaging
1. Our products are electrical appliances that fall within the scope of Directive 2012/19/EU (WEEE Directive). The crossed-out
wheeled garbage can symbol on our equipment indicates that this equipment must not be disposed of with other municipal
waste but must be taken separately for collection and recycling of waste electrical and electronic equipment. Electricalappliances may contain hazardous components that can harm the environment and human health if disposed of
improperly. Separate collection ensures proper treatment and recovery and reuse in accordance with existing legislation.
The manufacturer or the distributor is responsible for taking back and disposing of old electrical equipment. We ensure
disposal through the contractual use of an international recycling network. If you wish to return an appliance, pleasecontact us at weee-international@rev-log.com. We will organize the collection of the devices and the appropriate recycling.
As a user, you are responsible for removing batteries and lights from the devices and deleting personal data before handing
them in - insofar as this is technically possible. In accordance with Art. 13 (2) of Directive 2012/19/EU, our customers bear
the costs for the disposal of waste electrical equipment.
2. Our devices may contain device batteries. These are usually permanently installed in the devices for technical reasons andcannot be removed by the user. Removability by qualified personnel independent of us is guaranteed. Some of our devices
also contain removable batteries. Please observe the respective disposal instructions. You are legally obligated to returnused batteries and can dispose of them free of charge at municipal collection points and in retail stores in quantities
customary for households. Otherwise, contact our take-back service. The symbol with the crossed-out trash can on thedevice battery means that you may not dispose of batteries and rechargeable batteries in unsorted waste. Batteries andrechargeable batteries are also marked with the chemical symbol of the respective pollutant they contain. In this context,
batteries containing more than 0.0005 percent by mass of mercury, more than 0.002 percent by mass of cadmium or morethan 0.004 percent by mass of lead are marked with the chemical symbols of the metals (Cd for cadmium, Pb for lead, Hg
for mercury). Waste batteries may contain pollutants that can harm the environment or human health if not properly stored
and disposed of. However, batteries also contain important raw materials that can be recycled. Therefore, the separate
collection and recycling of spent batteries is of particular importance for the environment. We participate in take-back andcollection systems for batteries.
3. If we are obliged to do so in accordance with the statutory regulations, we will take back the transport packaging at yourrequest. If you wish to return transport packaging, please contact tv-entsorgung@interzero.de.
XVI. Place of Fulfilment - Place of Jurisdiction - Applicable Law
1. Place of performance for all obligations arising from the contractual relationship is Neuhausen auf den Fildern, Germany.
2. For legal disputes which fall under the subject matter jurisdiction of the local courts, the local court of Stuttgart and forlegal disputes which fall under the subject matter jurisdiction of the regional courts, the regional court of Stuttgart is agreed
as the place of jurisdiction. We are optionally entitled to take legal action at your place of business.
3. German law shall apply exclusively to the exclusion of the conflict of laws provisions.

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Additional Terms Software
For the use of separately purchased software ("Software as a Product"), our Terms and Conditions for the Provision ofStandard Software against Payment or our Terms and Conditions for the Provision of Standard Software free of Charge or
our Terms and Conditions for the Customization of Standard Software against Payment shall apply with priority. If software(hereinafter "Software") is included in the scope of delivery of a product and is provided for use against payment or free ofcharge, the following provisions shall apply in addition, whereby in the event of contradictions between the above and thefollowing provisions with regard to Software, the following provisions shall take precedence:
XVII. Rights of use
1. We grant you the non-exclusive right to use the software as intended. The scope of the intended use results from the data
sheet belonging to the respective software or from the operating instructions belonging to the respective software. The
right of use is limited to the agreed period of time; in the absence of such an agreement, the right of use is unlimited intime.
2. You may use the software exclusively with the hardware named in the data sheet or the operating instructions, in theabsence of such naming only with the product delivered together with the software. The use of the software with anotherdevice requires our prior written consent; in the event of a culpable breach of this obligation, we shall be entitled to demandreasonable additional compensation. Any further claims shall remain unaffected.
3. If several devices are named in the data sheet or the operating instructions, you may only use the software on one of thesedevices at a time (single license), unless a multiple license (see Section XVII.11) has been agreed as an exception. If adevice has several workstations on which the software can be used independently, the single license shall cover only one
workstation.
4. The software shall be provided exclusively in machine-readable form (object code).
5. You may only make one copy of the software, which may only be used for backup purposes (backup copy). Otherwise, you
may only reproduce the software if a multiple license has been agreed by way of exception.
6. You are not entitled to modify, reverse engineer, translate or extract parts of the software, except in cases covered by
Section 69e of the German Copyright Act (decompilation). You may not remove alphanumeric and other identifiers from thedata carriers and shall transfer them unchanged to each backup copy.
7. We grant you the right - revocable for good cause - to transfer the right to use the Software to third parties.
However, a transfer to third parties may only be made together with the product that you have acquired in connection withthe software. In the event of a transfer of the right of use to third parties, you must ensure that the third party is not granted
any further rights of use to the Software than you are entitled to under these Terms and Conditions and the provisions
contained in the associated data sheet or operating manual, and that the third party is imposed at least the obligations
existing with regard to the Software under these Terms and Conditions. In the event of a transfer, you may not retain any
copies of the Software.
8. You are not entitled to grant sublicenses.
9. If you provide the software to a third party, you shall be responsible for compliance with any export requirements and, in theevent of a culpable breach of duty, shall indemnify us against all obligations and claims resulting therefrom.
10. If and to the extent that we provide you with software for which we only have a derived right of use (third-party software),the terms of use agreed between us and our licensor shall apply in addition to and take precedence over the provisions of
this Section XVII. If and to the extent that we provide you with open source software, the terms of use to which the open
source software is subject shall apply in addition to and prior to the provisions of this Section XVII. We will refer to theexistence and the terms of use of third-party software and open source software in the data sheet or the operating
instructions and make the terms of use available to you upon request. In the event of a breach of these Terms of Use, ourlicensor as well as we shall be entitled to assert the resulting claims and rights in our own name.
11. To use the software on several devices or simultaneously on several workstations, you require a right of use to be agreed
separately. The same applies to the use of the software in networks, even if the software is not reproduced. In the
aforementioned cases (hereinafter referred to as "Multiple License"), the following provisions (a) and (b) shallapply inaddition to and with priority over the provisions under XVII.1 to XVII.10:a) The prerequisite for a Multiple License is an express written confirmation by us of the number of permitted copies thatyou may make of the Software and of the number of devices or workstations on which the Software may be used.
However, Section XVII.7 shall apply to Multiple Licenses with the proviso that the Multiple Licenses may only betransferred by you to third parties if they are transferred in total and with all devices on which the Software may beused.
b) You shall comply with the reproduction instructions provided by us together with the multiple license. You shall keep
records of the whereabouts of all reproductions and present them to us upon request.
XVIII. Transfer of risk
If software is provided by means of electronic communication media (e.g. via the Internet), the risk of accidentalof accidental loss and accidental deterioration of the software shall pass to you when the software leaves our sphere of
influence (e.g. during download).
XIX. Duties to cooperate and liability
1. You shall take all necessary and reasonable measures to prevent or limit damage caused by the software. In particular, you
shall ensure the regular backup of programs and data.
2. If you culpably violate this obligation, we shall not be liable for any consequences arising therefrom, in particular not for the
replacement of lost or damaged data or programs. A change in the burden of proof is not associated with the above
provision.

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XX. Material defects
1. The parties agree that software generally cannot be created free of errors; this also applies to the software covered by theseTerms and Conditions.
2. Claims for material defects relating to the software shall become statute-barred within 12 months after the transfer of risk.
The above provisions shall not apply insofar as longer limitation periods are prescribed by law in accordance with Sections
438 (1) No. 2, 438 (3), 479 (1) and Section 634a of the German Civil Code (BGB), and to liability for damages arising frominjury to life, limb or health, as well as to liability for damages based on intentional or grossly negligent breach of duty.
3. Only deviations from the specification conclusively contained in the data sheet or the operating instructions that are provenand reproducible by you shall be deemed to be a material defect of the software. However, a material defect does not exist
if it does not occur in the version of the software last provided to you and its use is reasonable for you.
4. Claims for material defects do not exist−
in the event of damage resulting from incorrect or negligent handling of the software,−in the case of damage caused by special external influences which, according to the contract, are not
are required,−for changes made by you or by third parties and the resulting consequences,−
for software extended by you or a third party beyond an interface provided to us for this purpose,−for the software to be compatible with the data processing environment you are using.
5. The claim for supplementary performance in the case of software shall be fulfilled as follows: We shall deliver a new version(update) or a new version (upgrade) of the software as a replacement, insofar as these are available from us or can beprocured with reasonable effort.
XXI. Industrial property rights and copyrights - defects of title
If a third party asserts justified claims due to the infringement of property rights with regard to the software, we shall be
liable pursuant to Section VII within the period specified in Section XVIII.
Balluff GmbH
Schurwaldstraße 973765 Neuhausen auf den Fildern
Germany
Phone +49 7158 173-0
balluff@balluff.dewww.balluff.com

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