GENERAL TERMS AND CONDITIONS

General Terms and Conditions of the company "35x GmbH", valid from 1.1.2013.

The following contract is concluded between the respective customer and the company "35x GmbH", hereinafter referred to as "35x":

1 Scope of these GTCs

a.) The deliveries, services and offers of 35x are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relations of any kind, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon acceptance of the goods or services. Counter-confirmations by the customer with reference to his terms and conditions are rejected unless they are confirmed in writing.

b.) The employees of 35x are not authorized to make verbal collateral agreements or verbal promises that go beyond the content of the written contract.

2. delivery times

a.) Dates and delivery periods are non-binding unless a fixed date has been agreed in writing.

b.) The risk of non-delivery or late delivery for hardware or software purchased by 35x shall only be borne by 35x if the order has not been placed with the supplier on time or 35x can otherwise be held responsible for this. In such cases, 35x shall inform the customer immediately and, in the event of non-delivery, shall also reimburse the customer immediately.

c.) In the event of a delay in delivery for which 35x is responsible, 35x shall not be liable for damages in cases of slight negligence, unless cardinal obligations have been breached.

3. delivery modalities

a.) Insofar as contractual items are to be delivered to the customer, the customer shall bear the costs incurred for this and also the risk.

4 Warranty and liability

a.) In warranty cases, 35x initially reserves the right to subsequent performance (rectification of the defect or delivery of a defect-free item). Insofar as the defect is not the subject of a consumer goods purchase, 35x shall be entitled to choose the type of subsequent performance. The customer must set 35x a reasonable deadline of at least one week for subsequent performance. The number of attempts at rectification to be accepted by the customer shall be determined by the type and severity of the defect, taking into account the interests of both parties. If the rectification of the defect fails repeatedly and the customer cannot reasonably be expected to wait any longer, the customer may assert a claim for rescission (withdrawal) of the contract or reduction of the price (reduction).

b.) The warranty period for contracts with consumers is 2 years, otherwise 1 year from delivery of the item.

c.) In the area of software maintenance services, a service shall also be deemed not to be defective if 35x offers a reasonable alternative solution (workaround) instead of rectifying the error in order to fulfill its obligations under the contract. To this end, 35x shall also be entitled to change the software to be maintained, provided that the performance features of the software do not change significantly for the customer.

d.) The customer is obliged to comply with the operating and maintenance instructions, not to make any changes to the object of purchase, not to replace any parts and not to use any consumables that do not comply with the original specifications. In particular, the customer is not entitled to rectify software errors independently. In the event of non-compliance, any warranty shall lapse if the customer fails to refute a substantiated claim that it was one of these circumstances that caused the defect. The same applies to defects that arise due to the use of software that does not correspond to the system or is infected with viruses. If the customer is an entrepreneur, the warranty shall also be excluded if the customer does not test the service immediately after it has been provided and report any errors detected. Any other customer must also report any defects detected in writing without delay, at the latest within 10 days.

e.) Insofar as the customer as an entrepreneur asserts warranty claims against 35x on the basis of public statements made by 35x or its agents, in particular in advertising or in the labeling of certain properties, the customer shall bear the burden of proof that the statement was causal for his purchase decision. 35x shall not be liable to entrepreneurs for statements and advertising claims made by third parties.

f.) 35x does not guarantee that the software produced by third parties meets the customer's specific requirements or that it works together with the customer's programs or the customer's existing hardware.

g.) 35x assumes no liability for proper data backup by the customer. A check shall also not be carried out. Insofar as 35x has been commissioned in writing to back up data, it shall only be liable in cases of gross negligence and intent, insofar as this can be proven. The same shall apply if data is lost as a result of repair work carried out by 35x.

h.) Claims for damages against 35x or its vicarious agents for damages caused by slight negligence are excluded, except in the case of a breach of a cardinal contractual obligation. In such cases, liability shall be limited to the foreseeable damage typical of the contract. In commercial legal transactions, the claim for damages against 35x in cases of gross negligence and intent is limited to the damages that typically arise in transactions of this type. This paragraph shall not apply to claims for damages arising from warranties of quality, unless liability for consequential damage is concerned and the obligation to pay compensation is based on positive breach of contract. In this case, liability for slight negligence is excluded. This paragraph also does not apply to damages arising from injury to life, limb and health in breach of duty and in the event of default by 35x.

i.) 35x shall not be responsible for the partial or complete non-fulfillment of its own performance obligations due to the influence of force majeure or improper handling of hardware and software by the customer (non-compliance with the instructions for use and improper use). In such cases, 35x shall not be liable for the provision of services.

j.) In the event of breach of contract by the purchaser (in particular default of payment), 35x shall be entitled to a claim for damages in addition to its right of withdrawal.

k.) 35x shall retain title to the items provided until all claims to which 35x is entitled against the customer on any current legal grounds have been satisfied (goods subject to retention of title). The purchaser may only dispose of the reserved goods with the written consent of 35x. 35x must be informed immediately if third parties have access to the goods. The third party must be made aware of the ownership situation.

l.) Payments shall be made immediately and without deductions, unless otherwise agreed in writing. The customer shall only be entitled to offset undisputed or legally established counterclaims.

m.) Agreed hourly rates for services and consulting services apply Monday to Friday from 8:00 to 18:00. Outside these hours and on public holidays, a surcharge of 50% will be added to the agreed hourly rate.

5. final regulations

a.) The customer agrees to the electronic storage and processing of his personal and business data by 35x.

b.) The place of performance is the registered office of 35x.

c.) The place of jurisdiction is Nuremberg. The law of the Federal Republic of Germany shall apply.

d.) If one of the above clauses is invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic intent of the invalid provision.