TERMS & CONDITIONS vehicle charging cable sacks

> All NoviTech products and services ordered online via internet or other online services are subject to the following terms and conditions. Variations and/or subsidiary agreements must be made in writing and require NoviTech’s express written consent; this also applies to any agreement regarding the written consent requirement.

> NoviTech will do its best to comply with the given delivery deadlines. In the event that a delivery of products exceeds 6 weeks past the deadline, the customer has the right to set a time extension after which the customer may reject the order. This time extension has to be a minimum of 2 weeks. Should both parties not be able to agree on a new delivery date, the customer may, at the end of the time extension, withdraw from the purchase contract by providing a written declaration. Should the customer, in case of such delay or unenforceability, claim damages due to non-compliance, the customer’s compensation should, in such case of slight negligence, be no more than 5% of the purchase price and the compensation should only cover the immediate loss and no loss of profit or any other claim or loss. After payment of such compensation, further demands by the customer – especially the demand to fulfil the order – are not valid and will not be met.

> The transfer of risk from NoviTech to the customer occurs as soon as the order leaves the warehouse and is handed over to the transportation company. This also applies when NoviTech has agreed to pay for transportation. Claims for loss or damage during transportation have to be made by the customer directly to the transportation company and within the timeframe for complaints set by the transportation company. For shipments from the customer to NoviTech the customer assumes all risks, particularly the risk of transportation, until the shipment arrives at NoviTech in Salzburg.

> NoviTech invoices are due immediately and without any discount. 14 days after due date, the invoice date, the customer is obligated to pay NoviTech default interest in the amount of 5% over the current basic interest rate of the Central Reserve Bank (EZB) in accordance with § 1 section 1 of the German Bank Rate Transition Bill (DÜG). After omission of the basic interest rate, the basis for the above mentioned contractually agreed upon default interest, shall be the currently officially defined instrument of governance of the EZB, which will be defined in § 1 section 2 DÜG as the allocation base for Germany. The preceding shall be omitted if NoviTech proves higher default interest rates or the customer can verify a lesser burden of the company NoviTech, without the need for a prior reminder notice. Checks are only accepted on account of performance. Any expenses are the customer’s responsibility. Charging of expenses is only acceptable in the event of indisputable or legally binding claims. The customer can only claim a right of retention provided that it is based on the same contractual agreement.

> Complaints with regard to the scope of delivery, product defects, wrong deliveries and wrong quantities have to be filed in writing and immediately after receipt of the product, as long as the defects can be detected via reasonable inspections, but no later than two weeks after receipt of the products. NoviTech offers a warranty period of 6 months beginning with the receipt of the products. In the event of legitimate complaints NoviTech will deliver, in addition, and furthermore, except when claims are disqualified, will choose to replace or exchange the products or grant the customer a discount. In the event that the second replacement products are still defective, the customer has the right to cancel the contract or to reduce the purchase price. The warranty for deficiencies in devices is limited to rectification of the defects. Should the deficiency not be remedied or should further attempts to rectify become unreasonable for the customer, the customer may decide to cancel the contract or to opt for a price reduction. Further customer claims in connection with defective, deficient or wrong products or the breach of other contractual obligations are not possible, regardless of the legal ground (e.g. unauthorized handling, positive contractual breaches and breaches of obligations during contractual negotiations). This exclusion does not apply to damages caused by deliberate or grossly negligent contractual breaches carried out by NoviTech or one of its legal representatives or agents. Also in the event of the absence of warranted characteristics any claim for damages due to non-compliance remains legitimate.

> The rights in the objects of purchase remains with NoviTech until the full purchase price has been paid by the customer. This retention of property also applies to all outstanding debts the customer may have with NoviTech in connection with the objects of purchase, e.g., for repairs or supplementary services, which may arise retrospectively. For the duration of the retention of property the customer has the right to have and to use the objects of purchase in accordance with the contract, as long as the customer fulfils his obligations from this retention of property agreement, as well as his obligations from this business relation in due time. The customer is obligated to disclose to NoviTech all information required for a legal prosecution resulting from the agreed upon retention of property. Where software applications are included in the delivery, the customer is granted a perpetual right to download and to run the software program, as well as to create a backup copy, as long as the license terms of the respective software program do not contradict this right. To that effect the individual usage rights are based on the license terms of the manufacturer.

> In accordance with the federal Data Protection Act, NoviTech reserves the right to collect, retain and process individual-related customer data, which are necessary to gather within the scope of their business relations.

> The nullity of individual terms of these General Terms and Conditions will not affect the validity of the other terms. Any invalidated term will be replaced by a valid term, which in its commercial implication will be as close to the invalidated term as possible. Place of fulfillment and jurisdiction for contracts placed under these General Terms and Conditions is Salzburg. The law of the Republic of Austria applies.