CONTACT US

Swiss Carbon Marine Systems

Hausen 7

85551 Kirchheim bei München

Germany

Mail: p.andres@swisscarbon.com

www.swisscarbon.com

Mobile: +49 172 699 54 00

Ust.-IdNr, VAT No: DE317718820

TERMS AND CONDITIONS

Article 1 – Scope of Application

1.1 These General Terms and Conditions (“Terms”) apply to all offers, quotations, deliveries, services, contracts and other legal relationships entered into by Swiss Carbon Marine Systems GmbH (“Supplier”) with its customers (“Customer”), unless otherwise agreed in writing.

1.2 Any conflicting or deviating terms and conditions of the Customer shall not apply unless expressly accepted by the Supplier in writing.

1.3 Individual contractual agreements concluded in writing between the Supplier and the Customer shall prevail over these Terms to the extent of any inconsistency.

Article 2 – Offers and Quotations

2.1 All offers and quotations made by the Supplier are non-binding and subject to change unless expressly designated as binding.

2.2 The Supplier may revoke an offer within two (2) working days after receipt of the Customer’s acceptance.

2.3 The Supplier may rely on the accuracy and completeness of all information, drawings, specifications and data provided by the Customer.

2.4 Unless otherwise stated, all prices:

are quoted in Euro (EUR),
exclude statutory VAT,
exclude customs duties, taxes and governmental charges,
exclude packaging, transport, insurance, storage, loading and unloading costs.

Article 3 – Confidentiality

3.1 All technical, commercial and other information provided by the Supplier, including but not limited to drawings, calculations, designs, specifications, samples, prototypes and know-how, shall be treated as confidential.

3.2 The Customer shall use such information exclusively for the execution of the contractual relationship with the Supplier and shall not disclose or reproduce it without prior written consent.

3.3 In the event of a breach of confidentiality, the Customer shall pay an immediately due contractual penalty of EUR 25,000 per infringement. The Supplier reserves the right to claim further damages.

3.4 Upon request, the Customer shall immediately return or destroy all confidential information. In case of non-compliance, the Customer shall owe a contractual penalty of EUR 1,000 per day of delay.

Article 4 – Technical Advice and Information

4.1 Any technical advice, recommendations or information provided by the Supplier outside the scope of the agreed services shall be non-binding.

4.2 The Supplier may rely on the correctness and completeness of all information supplied by the Customer.

4.3 The Customer shall indemnify the Supplier against any third-party claims arising from the use of drawings, calculations, specifications, materials or other information provided by the Customer.

Article 5 – Delivery Periods

5.1 Delivery dates and delivery periods are non-binding unless expressly agreed otherwise in writing.

5.2 Delivery periods commence only after:

all technical and commercial details have been clarified,
all required documents and approvals have been received,
agreed advance payments have been made,
and all other prerequisites for execution have been fulfilled.

5.3 Delivery periods shall be extended appropriately in cases of:

changes to the agreed scope,
additional work,
delayed cooperation by the Customer,
force majeure,
or other circumstances beyond the Supplier’s reasonable control.

5.4 Delays do not entitle the Customer to terminate the contract or claim damages unless mandatory statutory law provides otherwise.

Article 6 – Tools, Moulds and Equipment

6.1 Any moulds, tools, models, fixtures, templates or similar equipment manufactured by the Supplier shall remain the Supplier’s property, even if the Customer contributes to the costs.

6.2 Customer-owned tools or materials stored at the Supplier’s premises shall be stored at the Customer’s risk.

6.3 Unless otherwise agreed, the Supplier may dispose of stored tools or materials if they are not collected within one year after the last order.

6.4 Costs for maintenance, modification, repair or replacement due to wear and tear shall be borne by the Customer.

Article 7 – Quantity Tolerances

7.1 Deviations of up to ±10% from agreed delivery quantities are permissible, provided that goods are supplied by weight, volume or comparable units rather than by individual count.

7.2 The Customer shall accept and pay for the actual delivered quantity within these tolerances.

Article 8 – Delivery and Transfer of Risk

8.1 Delivery shall occur EXW (Incoterms® latest version) at the Supplier’s place of business unless otherwise agreed.

8.2 Risk transfers to the Customer upon notification that the goods are ready for collection or shipment.

8.3 If transport is organized by the Supplier, risk shall nevertheless transfer upon dispatch unless otherwise agreed in writing.

8.4 The Customer shall be responsible for adequate transport and storage insurance.

Article 9 – Price Adjustments

9.1 The Supplier may reasonably adjust prices if cost factors increase after contract conclusion, including but not limited to:

raw material costs,
energy prices,
labor costs,
exchange rates,
customs duties,
freight rates,
or governmental charges.

9.2 The Customer shall pay such adjusted prices upon invoicing.

Article 10 – Force Majeure

10.1 The Supplier shall not be liable for delays or failures resulting from force majeure events.

10.2 Force majeure includes, but is not limited to:

natural disasters,
fire,
strikes,
war,
terrorism,
cyberattacks,
pandemics,
shortages of materials,
transport disruptions,
power outages,
governmental restrictions,
and failures of suppliers or subcontractors.

10.3 During force majeure, the Supplier may suspend performance for the duration of the impediment.

10.4 If force majeure persists for more than six (6) months, either party may terminate the affected part of the contract.

10.5 Neither party shall be liable for damages arising from force majeure.

Article 11 – Additional Work and Contract Variations

11.1 Any modification requested by the Customer constitutes additional work if it affects:

specifications,
drawings,
quantities,
materials,
design,
or execution methods.

11.2 Additional work shall be charged separately at the Supplier’s applicable rates.

Article 12 – Liability

12.1 The Supplier’s liability shall be limited to damages covered by its liability insurance.

12.2 If insurance coverage is unavailable, liability shall be limited to 15% of the net contract value.

12.3 The Supplier shall not be liable for:

indirect or consequential damages,
loss of profit,
production downtime,
loss of business,
penalties,
transport costs,
travel expenses,
or third-party claims.

12.4 The Supplier shall not be liable for damages caused by:

improper use,
inadequate maintenance,
modifications by third parties,
unsuitable materials supplied by the Customer.

12.5 The Customer shall indemnify the Supplier against third-party product liability claims arising from products into which Supplier components are incorporated.

Article 13 – Warranty

13.1 Unless otherwise agreed, the Supplier warrants delivered goods for a period of 12 months from delivery.

13.2 The Supplier may, at its sole discretion:

repair defective goods,
replace defective goods,
or issue an appropriate credit note.

13.3 Warranty claims do not cover:

normal wear and tear,
improper handling,
unauthorized modifications,
incorrect installation,
or external influences beyond the Supplier’s control.

13.4 Transport, dismantling and reinstallation costs shall be borne by the Customer unless otherwise agreed.

13.5 The Customer shall provide the Supplier with a reasonable opportunity to inspect and remedy defects.

Article 14 – Duty to Inspect and Notify Defects

14.1 The Customer shall inspect deliveries immediately upon receipt.

14.2 Obvious defects must be notified in writing within fourteen (14) days after delivery.

14.3 Hidden defects must be notified immediately after discovery.

14.4 Failure to notify defects in due time excludes warranty and damage claims.

Article 15 – Acceptance of Goods

15.1 The Customer shall timely accept delivered goods.

15.2 If acceptance is delayed, storage shall occur at the Customer’s expense and risk.

15.3 The Supplier may charge reasonable storage and handling costs.

Article 16 – Payment Terms

16.1 Unless otherwise agreed, invoices are payable within thirty (30) days from invoice date without deduction.

16.2 In case of late payment, the Supplier may charge default interest at a rate of 12% per annum or the statutory rate, whichever is higher.

16.3 The Customer may not withhold, offset or reduce payments unless claims are undisputed or legally established.

16.4 All claims become immediately due if:

payment deadlines are exceeded,
insolvency proceedings are initiated,
or the Customer’s financial situation materially deteriorates.

16.5 The Customer shall reimburse all reasonable legal and collection costs incurred by the Supplier.

Article 17 – Retention of Title

17.1 Delivered goods remain the property of the Supplier until all payment obligations have been fulfilled in full.

17.2 The Customer may not pledge or transfer ownership of retained goods as security.

17.3 In case of breach of contract, the Supplier may repossess the retained goods.

Article 18 – Intellectual Property Rights

18.1 All intellectual property rights related to designs, drawings, software, calculations, developments and inventions created by the Supplier remain exclusively with the Supplier.

18.2 No transfer of intellectual property rights shall occur unless expressly agreed in writing.

18.3 Software supplied by the Supplier is provided under a non-exclusive, non-transferable license solely for operation of the delivered products.

18.4 The Customer shall indemnify the Supplier against third-party intellectual property claims resulting from Customer specifications.

Article 19 – Assignment

19.1 The Customer may not assign or transfer rights or obligations arising from the contractual relationship without prior written consent of the Supplier.

Article 20 – Cancellation and Termination

20.1 Cancellation by the Customer requires the Supplier’s prior written consent.

20.2 In case of cancellation, the Customer shall reimburse all costs incurred and pay compensation amounting to at least 20% of the contract value.

20.3 The Supplier reserves the right to claim higher damages if applicable.

Article 21 – Applicable Law and Jurisdiction

21.1 These Terms and all contractual relationships shall be governed exclusively by the laws of the Federal Republic of Germany.

21.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

21.3 Exclusive place of jurisdiction for all disputes shall be Munich, Germany, provided the Customer is a merchant within the meaning of the German Commercial Code (HGB).

Swiss Carbon Marine Systems GmbH
Kirchheim bei München
Germany

Swiss Carbon Marine Systems GmbH
Vertreten durch den Geschäftsführer Philipp Andres

Hausen 7
85551 Kirchheim bei München
Deutschland/Germany

Telefon: +49 172 699 54 00
E-Mail: info@swisscarbon.com

Handelsregister: Amtsgericht München
HRB 240309

Steuernummer: 143/184/31753

Umsatzsteuer-Identifikationsnummer gemäß §27a UStG:

DE317718820

IMPRINT

We, Swiss Carbon Marine Systems, take the protection of the data of users (“users” or “you”) of our website and/or mobile app (the “Website” or the “Mobile App”) very seriously and are committed to protecting the information users provide us in connection with the use of our website and/or mobile app (together: “digital assets”). Furthermore, we are committed to protecting and using your data in accordance with applicable law.

This Privacy Policy explains our practices regarding the collection, use, and disclosure of your information through your use of our digital assets (the “Services”), when you access the Services through your devices.

Please read this Privacy Policy carefully and make sure you fully understand our practices regarding your data before using our Services. If you have read and fully understood this policy and do not agree with our practices, you must stop using our digital assets and Services. By using our Services, you acknowledge the terms of this Privacy Policy. Continued use of the Services constitutes your acceptance of this Privacy Policy and any amendments thereto.

In this Privacy Policy you will learn:

How we collect data
What data we collect
Why we collect this data
With whom we share the data
Where the data is stored
How long the data is retained
How we protect the data
How we deal with minors
Updates or changes to the Privacy Policy

What data do we collect?

Below is an overview of the data we may collect:

Non-identified and non-identifiable information that you provide during the registration process or that is collected through the use of our Services (“Non-Personal Data”). Non-Personal Data cannot be used to identify the individual from whom it was collected. The Non-Personal Data we collect mainly consists of technical and aggregated usage information.
Individually identifiable information, i.e. any information through which you may be identified or could reasonably be identified (“Personal Data”). The Personal Data we collect through our Services may include information requested from time to time such as names, email addresses, postal addresses, telephone numbers, IP addresses, and more. If we combine Personal Data with Non-Personal Data, we will treat the combined information as Personal Data as long as it remains combined.

How do we collect data?

Below are the main methods we use to collect data:

We collect data through your use of our Services. Accordingly, when you visit our digital assets and use Services, we may collect, record, and store usage, session, and related information.
We collect data you provide directly to us, for example when you contact us directly through a communication channel (e.g. an email with comments or feedback).
We may collect data from third-party sources, as described below.
We collect data you provide when signing in to our Services through a third-party provider such as Facebook or Google.

Why do we collect this data?

We may use your data for the following purposes:

to provide and operate our Services;
to develop, customize, and improve our Services;
to respond to your feedback, requests, and inquiries and provide support;
to analyze request and usage patterns;
for other internal, statistical, and research purposes;
to improve our data security and fraud prevention capabilities;
to investigate violations and enforce our terms and policies, and to comply with applicable laws, regulations, or governmental requests;
to send you updates, notices, promotional materials, and other information related to our Services. With regard to promotional emails, you may choose whether you wish to continue receiving them. If not, simply click the unsubscribe link in those emails.

With whom do we share this data?

We may share your data with our service providers in order to operate our Services (e.g. storing data via third-party hosting services, providing technical support, etc.).

We may also disclose your data under the following circumstances:

(i) to investigate, detect, prevent, or take action against illegal activities or other wrongdoing;
(ii) to establish or exercise our rights to defend against legal claims;
(iii) to protect our rights, property, or personal safety and the safety of our users or the public;
(iv) in the event of a change of control involving us or one of our affiliates (through merger, acquisition, or purchase of substantially all assets, etc.);
(v) to collect, hold, and/or manage your data through authorized third-party service providers (e.g. cloud service providers), as reasonably necessary for business purposes;
(vi) to cooperate with third parties in enhancing your user experience.

To avoid misunderstanding, we may transfer, share, or otherwise use Non-Personal Data with third parties at our own discretion.

When you visit or access our Services, we authorize third parties to use web beacons, cookies, pixel tags, scripts, and other technologies and analytics services (“Tracking Technologies”). These Tracking Technologies may allow third parties to automatically collect your data in order to improve navigation experience on our digital assets, optimize their performance, and ensure a customized user experience, as well as for security and fraud prevention purposes.

To learn more about this, please read our Cookie Policy.

Where do we store the data?

Non-Personal Data

Please note that our businesses, as well as our trusted partners and service providers, are located around the world. For the purposes explained in this Privacy Policy, we store and process all Non-Personal Data we collect in different jurisdictions.

How long is the data retained?

Please note that we retain the collected data for as long as necessary to provide our Services, comply with our legal and contractual obligations to you, resolve disputes, and enforce our agreements.

We may correct, supplement, or delete inaccurate or incomplete data at any time at our own discretion.

How do we protect the data?

The hosting service for our digital assets provides us with the online platform through which we can offer our Services to you. Your data may be stored through our hosting provider’s data storage, databases, and general applications. They store your data on secure servers behind a firewall and provide secure HTTPS access to most areas of their services.

Despite the measures and efforts taken by us and our hosting provider, we cannot and do not guarantee absolute protection and absolute security of the data you upload, publish, or otherwise share with us or others.

For this reason, we encourage you to use secure passwords and avoid sharing confidential information with us or others whenever possible. Since email and instant messaging are not considered secure forms of communication, we also ask that you do not share confidential information through these communication channels.

How do we deal with minors?

The Services are not intended for users who have not yet reached the legal age of majority. We will not knowingly collect data from children. If you are underage, you should not download or use the Services or provide any information to us.

We reserve the right to request proof of age at any time in order to verify whether minors are using our Services. In the event that we become aware that a minor is using our Services, we may prohibit and block such users from accessing our Services, and we may delete any data stored by us relating to that user. If you have reason to believe that a minor has shared data with us, please contact us as described below.

We use your Personal Data only for the purposes set forth in this Privacy Policy and only if we are satisfied that:

the use of your Personal Data is necessary to perform or enter into a contract (e.g. to provide you with the Services themselves or customer support or technical support);
the use of your Personal Data is necessary to comply with relevant legal or regulatory obligations; or
the use of your Personal Data is necessary to support our legitimate business interests (provided that this is done in a manner that is proportionate and respects your privacy rights at all times).

As an EU resident, you may:

request confirmation as to whether or not Personal Data concerning you is being processed and access your stored Personal Data as well as certain supplementary information;
request receipt of Personal Data you provided to us in a structured, commonly used, and machine-readable format;
request correction of your Personal Data stored by us;
request deletion of your Personal Data;
object to our processing of your Personal Data;
request restriction of processing of your Personal Data; or
lodge a complaint with a supervisory authority.

Please note, however, that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements.

If you have any general questions about the Personal Data we collect and how we use it, please contact us as indicated below.

In the course of providing the Services, we may transfer data across borders to affiliated entities or other third parties and from your country/jurisdiction to other countries/jurisdictions worldwide. By using the Services, you consent to the transfer of your data outside the EEA.

If you are located in the EEA, your Personal Data will only be transferred to locations outside the EEA if we are satisfied that an adequate or comparable level of protection for Personal Data exists. We will take appropriate steps to ensure that we have suitable contractual arrangements with our third parties to ensure appropriate safeguards are in place so that the risk of unlawful use, alteration, deletion, loss, or theft of your Personal Data is minimized, and that such third parties act in compliance with applicable laws at all times.

Rights under the California Consumer Privacy Act

If you use the Services as a California resident, you may be entitled under the California Consumer Privacy Act (“CCPA”) to request access to and deletion of your data.

To exercise your right to access and delete your data, please see below for how to contact us.

We do not sell users’ Personal Data for the intents and purposes of the CCPA.

Updates or changes to the Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion. The version published on the website is always current. We encourage you to review this Privacy Policy regularly for any changes. In the event of material changes, we will post a notice on our website. Your continued use of the Services after notification of changes on our website constitutes your acknowledgment and consent to such changes and your agreement to be bound by the terms of those changes.

Contact

If you have any general questions about the Services or the information we collect about you and how we use it, please contact us at:

Swiss Carbon Marine Systems GmbH
Hausen 7
85551 Kirchheim bei München
Germany

info@swisscarbon.com