CADdent GmbH

General Terms and Conditions of CADdent® GmbH for the Production of Rapid Prototyping Components

1 Subject matter of the contract

1.1 CADdent® GmbH, Max-Josef-Metzger-Strasse 6, 86157 Augsburg, Germany (hereinafter referred to as "CADdent") offers its customers an online platform under the URL www.caddent.de, with which the customers - within the scope of technical feasibility - can configure individual rapid prototyping components (with the option of material selection) within the scope of additive or subtractive manufacturing, order them and have them produced by CADdent, based on the customer's own content (usually 3D CAD files).

1.2 In addition, CADdent offers various services (individual consulting and design of rapid prototyping components according to the customer's specifications) related to additive manufacturing, which can be agreed upon and ordered via the Prototyping Customer Service (phone: +49 821 5999965-0; e-mail: prototyping@caddent.eu). The exact content of these services results from the respective order description. These services may be subject to additional conditions, which will then be referred to in the order descriptions. In the event of contradictions, the additional conditions shall take precedence over these GTC.

1.3 Deviating or supplementary GTC of the Customer shall not become part of the contract even if CADdent does not expressly object to them.

2 Use of the Rapid Prototyping Platform; Optional Registration

2.1 CADdent makes the Rapid Prototyping Platform available for the purpose of configuring, ordering and/or producing Rapid Prototyping components as well as for the provision of available additional services. Products produced via the Rapid Prototyping Platform will be shipped to the Customer.

2.2 CADdent will regularly secure its servers and protect them against unauthorised access with reasonable technical and economic effort.

2.3 No registration is required for the use of the Rapid Prototyping Platform, i.e. for ordering self-configured products (selection of the field "Order without login").

2.4 The customer can optionally register free of charge by entering the data required for registration on the registration page - either separately or as part of the ordering process - and clicking on the "Register" field. CADdent saves the address and, if applicable, payment data of registered customers so that they do not have to be entered again for each order.

After completion of the registration process described above, CADdent provides the customer with usage data. The customer is responsible for keeping his password secret. He will keep his password for access secret, not pass it on, not tolerate or enable third parties to gain knowledge of it and take the necessary measures to ensure confidentiality. In the event of misuse or loss of this information or a corresponding suspicion, the customer will report this to CADdent by e-mail at the e-mail address prototyping@caddent.eu. Further services are not associated with the registration.

2.5 CADdent provides the customer with choices regarding the files, content and materials to be used as part of the Rapid Prototyping Platform. If the files supplied by the customer do not meet these requirements, e.g. because the customer wishes to use incorrect file formats or incorrect templates, configuration and production via the Rapid Prototyping Platform may not be possible.

CADdent also checks the technical feasibility of the customer's specifications. If the production of the component with the parameters specified by the customer is not possible, the order will not be accepted; the customer will be informed of this or alternative proposals will be made.

However, CADdent assumes no responsibility for whether the CAD design uploaded by the customer and/or the material selected and/or the alternative suggestion made by CADdent is suitable for the purpose desired by the customer. This is the sole responsibility of the customer.

2.6 The customer grants CADdent the non-exclusive (simple), spatially unrestricted right to use the data, files and materials used in connection with a prototyping order for the purposes of configuration and production of the products desired by the customer via the rapid prototyping platform as well as for other purposes of contract performance. In particular, this also includes the right to store the files uploaded by the customer within the scope of statutory retention periods, but in any case until the statute of limitations for any claims arising from the contract. For clarification: The storage of such data for the customer or its surrender upon request is not the subject matter of the contract and is therefore not obligatory for CADdent vis-à-vis the customer, insofar as there are no legal claims for information and surrender. This also means that the customer is responsible for the regular and risk-appropriate backup of the data and content transmitted to CADdent (creation of own backup copies).

2.7 CADdent undertakes to treat uploaded CAD files of the Customer confidentially, not to make them accessible to unauthorised third parties and to protect them from unauthorised access with the same care as its own confidential information. Third parties within the meaning of this confidentiality obligation are not such employees of CADdent who are deployed for the performance of services or other contract execution and are contractually obliged to confidentiality in accordance with this clause 2.7.

CADdent will use CAD files of the customer only for the purposes of the respective contract with the customer and in particular not for the manufacture of products for third party customers.

CADdent undertakes not to make the contents transmitted by customers the subject of industrial property rights.

2.8 When using the rapid prototyping platform and the contractual service, the customer will observe all applicable laws and other legal provisions of the Federal Republic of Germany. In particular, the Customer is prohibited from using files, data or content that violate legal provisions, especially those that infringe third-party intellectual property rights or copyrights or other rights of third parties. The customer is responsible for the files, data and contents provided by him. CADdent does not conclusively check the files, data and contents for their correctness or for freedom from viruses or for virus-related processability.

3 Exemption

The customer, who is not a consumer in the sense of § 13 BGB (German Civil Code), indemnifies CADdent upon first request from all intentionally or negligently caused claims of third parties against CADdent in connection with the contractual provision of services by CADdent, in particular from claims due to infringements of competition and copyright, patent infringements, design infringements and infringements of other registered or unregistered property rights of third parties or claims from product liability, which are asserted against CADdent in connection with the provision of the contractual services, in particular the manufacture and delivery of the products configured by the customer. The customer must notify CADdent immediately of any claims or possible claims of third parties that become known to the customer. CADdent is entitled to take appropriate measures itself to defend against claims of third parties or to pursue its rights. The indemnification also includes the reimbursement of the costs which CADdent incurs or has incurred as a result of a legal prosecution/defence.

4 Data protection

4.1 In the context of the respective execution of the contract, CADdent processes personal data of the customer or the respective employees involved in the execution of the contract (e.g. name, contact data, other personal data for the execution of the contract). These personal data are in principle only processed by CADdent. All employees of CADdent are obligated in writing to handle personal data confidentially and process this data exclusively in accordance with applicable data protection laws.

4.2 Notwithstanding the provision in the above clause, CADdent is, however, also entitled, if required, to pass on this data to third parties, such as suppliers or other service providers, in order to provide services that are the subject matter of the contract, for example processing in connection with the fulfilment of the contract. When passing on personal data to third parties, CADdent limits itself to the information that is absolutely necessary for the provision of the respective services. The respective third party is obligated by CADdent to use this data exclusively for the provision of the requested service.

4.3 In the context of the business relationship or business initiation, CADdent reserves the right to obtain information about a customer. The results of obtaining information will be processed exclusively by the offices named in the above clauses.

4.4 Insofar as the customer or provider receives personal data from CADdent, the customer or provider is also obliged to comply with the relevant data protection provisions. Personal data of which the customer becomes aware may be processed exclusively for the purpose of handling the respective contractual relationship and may not be disclosed, sold or otherwise made available to third parties for purposes other than the aforementioned purposes.

4.5 For the use of CADdent's rapid prototyping platform, the associated data protection provisions also apply.

5 Conclusion of contract and order

The conclusion of a contract for the production of a customer-specific product takes place as follows:

5.1 In order to initiate the ordering process, the customer must upload the desired file for individually configured products and make the further configuration settings, i.e. select the desired material, the type of design and the number of products to be manufactured. From this data, the system calculates the net and gross costs incurred for the customer (including shipping costs) and displays them to the customer under the item "Order overview".

5.2 Before the order is finally sent via the contents of the shopping basket, the entire contents of the order are displayed once again. The customer can then also change his order once again.

5.3 By clicking the button "Send data" on the offer page, the customer places the configured(s)/desired product(s) in the shopping cart. The customer thereby makes a binding offer to conclude a purchase contract. He then receives an automatic confirmation that his data has been successfully sent.

5.4 CADdent confirms receipt of the order by e-mail. The confirmation e-mail does not yet constitute acceptance of the customer's offer. A contract is only concluded as soon as CADdent declares acceptance to the customer by e-mail (order or acceptance confirmation) or in another manner.

5.5 Alternatively, the customer can first download an offer by clicking on the button "Download offer".

6 Prices and payment; retention of title

6.1 The Customer shall pay the gross price displayed during the ordering process.

6.2 Payments are due 10 days after receipt of the invoice by the customer, unless a different period is expressly agreed in the service description. No discount shall be granted.

6.3 Insofar as the Customer enters into a contract with CADdent, payments shall only be deemed to have been made as soon as CADdent can dispose of the payment amount. Additional costs for which the customer is responsible (e.g. if a payment cannot be honoured) shall be borne by the customer. Offsetting is excluded unless the counterclaim is undisputed or legally established.

6.4 Ownership of delivered products shall remain reserved until the purchase price has been paid in full.

6.5 The customer is obliged to inspect products immediately after delivery for obvious defects and to notify CADdent of these within 14 days.

7 Right of revocation for consumers

Insofar as the customer is a consumer within the meaning of § 13 BGB (German Civil Code), i.e. a person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity, he is entitled to a right of revocation in accordance with the following provisions.

Cancellation policy

Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of revocation, you must inform CADdent GmbH, Max-Josef-Metzger-Straße 6, 86157 Augsburg, Germany, telephone: +49 821 5999965-0; fax +49 821 5999965-44; e-mail: prototyping@caddent.eu by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, CADdent must repay you all payments that they have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by CADdent), without delay and at the latest within fourteen days from the day on which CADdent received the notification of your revocation of this contract. For this repayment, CADdent will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. CADdent may refuse repayment until it has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify CADdent of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To: CADdent GmbH, Max-Josef-Metzger-Straße 6, 86157 Augsburg, Germany, Phone: +49 821 5999965-0; Fax +49 821 5999965-44; E-Mail: prototyping@caddent.eu

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following

goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

(*) Delete where inapplicable

Special notes

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Furthermore, there is no right of withdrawal for customers who are not consumers. (Consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity).

8 Warranty and Liability

8.1 CADdent guarantees that the products essentially correspond to the specifications shown. However, CADdent does not warrant that the products meet the requirements of the customer or are suitable for non-specified purposes. In all other respects, the statutory warranty provisions shall apply.

8.2 CADdent is only liable in the event of intent and gross negligence. In the case of slight negligence, the liability is limited to the contract-typical foreseeable damage, insofar as this is not purely financial loss and is not based on injury to life, body or health. This limitation of liability also applies to the personal liability of employees and representatives of CADdent. In all other respects, the statutory liability provisions apply.

9 Term and termination

9.1 In the event of registration, an agreement on the use of the Rapid Prototyping Platform is concluded for an indefinite period. It may be terminated by either party at any time with 7 days' notice. In the case of an order without registration, these GTC apply to the specific one-time use and order process.

9.2 The statutory right to extraordinary termination without notice for good cause remains unaffected.

9.3 Termination must be in text form (e.g. letter, fax, e-mail).

9.4 After termination, CADdent will delete the customer's account. The retention of data in accordance with statutory retention obligations and periods remains unaffected by this.

10 Other provisions

10.1 All declarations within the framework of contractual relationships according to these GTC are subject to text or written form.

10.2 CADdent is entitled at any time to transfer its own rights and obligations from contractual relationships according to these GTC in part or in full to a third party properly suited for continuation. The transfer will be communicated to the customers at least four weeks before it becomes effective. In this case, the customers are entitled to terminate the contractual relationship with the effectiveness of the transfer.

10.3 CADdent reserves the right to change these GTC at any time, provided that this does not lead to a restructuring of the contractual structure as a whole. CADdent is also entitled to adapt or supplement these GTC if this is necessary to eliminate difficulties in the implementation of contractual relationships or due to regulatory gaps that have arisen. The amended conditions will be communicated to the customers at least four weeks before they come into force. The amendments shall be deemed accepted unless the customer objects to them within four weeks after receipt of the amendment notification. CADdent will make special reference to the possibility of objection and the significance of the four-week period in the notification of change. On the other hand, the changes are deemed to be rejected if the customer exercises his right of objection. The GTC shall then continue to apply unchanged; the right to terminate a contractual relationship shall remain unaffected.

10.4 These GTC are fundamentally subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), whereby in deviation to consumers, the law of the consumer's domicile may also be applicable in the case of mandatory consumer law provisions.

10.5 Insofar as the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in the Federal Republic of Germany or another member state of the European Union, or relocates its registered office or usual place of residence outside of Germany after conclusion of the contract or its registered office or usual place of residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes in connection with contractual relationships is the registered office of CADdent. With respect to consumers, the place of jurisdiction is the respective domicile of the consumer.

10.6 Loopholes: In the event that no statutory provision exists or such provision leads to an unacceptable result, the parties shall negotiate an effective provision that comes as close as possible to the intended purpose.

10.7 Notice regarding dispute resolution procedures and online dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, the European Commission provides a platform for the online settlement of disputes in consumer matters (ODR platform) at http://ec.europa.eu/consumers/odr. Our email address is prototyping@caddent.eu.