General terms and conditions for contract filling and contract production

for customers of the contract filling & contract production service (hereinafter referred to as "client") of

Selectum GmbH

FN 509341 g

Marie-Curie-Straße 8

2120 Wolkersdorf, AT

(hereinafter referred to as "Selectum")

Version 1 from March 7th, 2023

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1. Scope and changes

1.1. These terms and conditions apply to all orders for contract production and contract filling.

1.2. The terms and conditions apply to the contract with entrepreneurs within the meaning of Section 1 Paragraph 1 Item 1 of the Consumer Protection Act ("entrepreneurs").

1.3. General terms and conditions of the client that provide for regulations that deviate from the terms and conditions or other contractual

agreements between Selectum and the client are deemed not to have been agreed and are therefore invalid.

1.4. Selectum reserves the right to change these terms and conditions at any time and without giving reasons. The version of the terms and conditions applicable to the client is the version that is/was available at the time the order was placed. 1.5. Clients can access the information on the protection of their personal data in accordance with Article 13 and Article 14 GDPR at [https://www.datenschutz-grundverordnung.eu/grundverordnung/art-13-ds-gvo/]. 2. Conclusion of the contract

 

2.1. The client commissions Selectum by telephone or email with the contract filling or contract production. 2.2. If Selectum accepts the order, the customer receives an order confirmation by email. This confirmation creates a binding contract between the client and Selectum for the production of the ordered goods or services. Selectum reserves the right not to accept orders without giving reasons. 2.3. The agreed production date is binding.

 

3. Postponements and cancellations

The period in which the contract production or contract filling

is carried out is part of the order confirmation. Postponements must be announced in writing 35 days before the date and are free of charge.

For postponements or cancellations 34 to 14 days before the production date, a penalty of 30%

of the order volume will be charged.

For postponements or cancellations from the thirteenth day before the agreed date, a penalty of 60% of the order volume will be sanctioned.

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4. Delivery and shipment of products, storage costs

4.1. The delivery of the required raw materials (packaging material, raw materials, products) is at the expense

of the client and may take place no earlier than 5 working days before the production date.

4.2. After production, the processed goods and the remaining packaging material must be collected within

4 working days after production at the customer's expense (Ex Works).

4.3. Storage of goods beyond this period is subject to a charge of € 4.00 per pallet space and

day. Unless otherwise agreed.

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5. Delivery and shipment of products, storage costs

5.1. The delivery of the required raw materials (packaging material, raw materials, products) is at the customer's expense

and may take place no earlier than 5 working days before the production date.

5.2. After production, the processed goods and the remaining packaging material must be collected within

4 working days after production at the customer's expense (Ex Works).

5.3. Storage of goods beyond this period is subject to a charge of € 4.00 per pallet space and

day.

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6. Payment

6.1. The purchase price and the payment conditions will be charged as stated in the offer.

6.2. The purchase price is due for payment in full without deduction upon receipt of the invoice, unless

different payment conditions have been agreed.

6.3. Reminder fees are € 30.00 per reminder and the default interest is 9% above the 3-month EURIBOR.

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7. Incoming goods inspection

7.1. The customer is obliged to check the type, quantity and quality

of the delivered contractual products immediately after receipt of the goods.

7.2. Obvious defects must be reported in writing immediately, at the latest

within a period of 8 calendar days. If a defect later becomes apparent that was not apparent during the first incoming goods inspection, the customer must notify the contractor of this defect in writing immediately after becoming aware of it.

 

8. Warranty

8.1. The statutory warranty provisions apply.

 

9. Limitation of liability

9.1. Liability for material damage suffered is limited to damage caused intentionally and through gross negligence by Selectum, its

employees or its assistants. Liability of Selectum for slight

negligence – except for personal injury – is excluded.

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10. Choice of law, place of performance, place of jurisdiction

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10.1. All disputes between Selectum and the client are subject exclusively to

Austrian law, excluding