General Terms and Conditions

1. Scope and validity

1.1. These terms and conditions shall apply to all our deliveries and services.

1.2. Terms deviating from these General Terms and Conditions of Sale and Delivery (e.g. the customer’s general or purchasing terms and conditions), additional
agreements or contract modifications shall be subject to the written consent of Porsche Informatik GmbH. This shall also apply to a waiver of the requirement to use the written form.

2. Delivery

2.1. Times of delivery shall be non-binding. Compliance with delivery deadlines shall be subject to the timely receipt of necessary deliveries from the sub-suppliers of Porsche Informatik GmbH. The delivery period shall begin to run as soon as the order is placed. Orders shall be deemed delivered on time if the product has already been dispatched or is ready for dispatch on the last day of the
deadline.

2.2. Unless expressly agreed otherwise, deliveries shall be at the customer’s risk and for the customer’s account. The customer shall report any claims based on transport damage to the carrier or Porsche Informatik GmbH immediately after receiving the goods. Transport insurance shall be taken out on the goods at the customer’s request and expense.

2.3. Claims based on failure to meet the specified deadline shall be precluded.

3. Inability to deliver

3.1. Porsche Informatik Ges.m.b.H. shall be released from its obligation to deliver if performance is prevented by Acts of God or other circumstances beyond its control.

4. Prices

4.1. Our prices shall include packaging and exclude value added tax.

4.2. If fixed prices for certain orders were not previously agreed, the list prices on the date of delivery shall be charged.

5. Terms of payment

5.1. Our invoices shall be payable immediately without deductions. Default interest at a rate of 12% p.a. shall be charged in case of payment default.

5.2. If partial deliveries were agreed, Porsche Informatik GmbH shall be entitled to bill the customer after the delivery of each unit.

5.3. The customer shall not be entitled to withhold payment due to incomplete deliveries or services, claims under a warranty or defects.

6. Reservation of title

6.1. Porsche Informatik GmbH shall retain the title to the delivered goods until payment of all claims arising from the business relationship between the customer and Porsche Informatik GmbH has been received. Pledging and assignment by way of security shall be precluded until fully disbursed.

6.2. The customer shall inform third parties of any reservation of title and immediately notify Porsche Informatik GmbH of any pledging or assignment by way of
security.

7. Error

7.1. Avoidance of the contract on the ground of error or breaching more than half of the true value shall be precluded.

8. Warranty

8.1. If the object of delivery is defective or lacking a specified property, the statutory warranty provisions shall apply, subject to the following limitations.
For major defects, Porsche Informatik GmbH – at its discretion – shall be entitled to replace or repair the defect, precluding the customer’s entitlement to any other claims under the warranty. The customer’s entitlement to claim under the warranty shall be precluded entirely for minor defects. Porsche Informatik GmbH shall immediately be notified of such defects in writing – for identifiable defects no later than 8 days after accepting the goods. The customer shall not be entitled to a price reduction.

9. Other indemnification

9.1. Porsche Informatik GmbH shall only be liable for damage, particularly for consequential damage caused by a defect, if caused intentionally.

9.2. Any further liability shall be precluded to the extent provided by law.

9.3. Liability for claims for material damage under the Product Liability Act shall be precluded.

9.4. Liability shall be limited to the contract value.

10. Warranty period

10.1. The warranty period shall depend on our suppliers’ warranty provisions and shall be passed on to our customers unless expressly agreed otherwise.

10.2. Porsche Informatik GmbH shall immediately be notified in writing of any defects detected during the warranty period.

10.3. Repairs under the warranty shall generally be carried out at Porsche Informatik GmbH. Repairs will be made without charging for labor and material during the warranty period. The warranty shall not cover repairs and indemnification for consequential damage caused by a defect, e.g. data recovery, shipping costs, transport costs, personnel costs, the cost of replacing
hardware and software, etc., which shall be precluded.

10.4. Services not covered by the warranty: – Wear parts such as printer ribbons, print heads, toner, cleaning units in laser printers, – Customer services attributed
to the use of accessories, updates, programs, etc. not recommended or approved by the manufacturer, – Improper use, – Operation in an environment not in
accordance with the manufacturer’s specifications (e.g. specific room temperature, humidity, power fluctuations, pollution, etc.), – Exceeding the maximum degree of utilization specified by the manufacturer, – Tampering with the equipment by persons not expressly authorized by Porsche Informatik GmbH, – Events of elemental force (lightning, water, etc.)

11. Jurisdiction / place of performance

11.1. The city of Salzburg shall have exclusive jurisdiction.

11.2. The place of performance for all contractual obligations shall be the office of Porsche Informatik GmbH.

11.3. This agreement is governed by Austrian law.

12. Miscellaneous provisions

12.1. Should any contract provision be or become invalid, this shall not affect the validity of the remaining provisions.

13. The Buyer

13.1 The Buyer (party to the agreement) shall permit the Seller to forward (process and transmit) electronically any personal data contained in the offer (order) to its
group members.

14. The Buyer

14.1 The Buyer (party to the agreement) shall agree to receiving information in the electronic form (via email) from Porsche Informatik.